Bill Text: IL SB2435 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Creates the First 2021 General Revisory Act. Combines multiple versions of Sections amended by more than one Public Act. Renumbers Sections of various Acts to eliminate duplication. Corrects obsolete cross-references and technical errors. Makes stylistic changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0558 [SB2435 Detail]

Download: Illinois-2021-SB2435-Chaptered.html

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Public Act 102-0558
SB2435 Enrolled LRB102 04062 AMC 14078 b
AN ACT to revise the law by combining multiple enactments
and making technical corrections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Nature of this Act.
(a) This Act may be cited as the First 2021 General
Revisory Act.
(b) This Act is not intended to make any substantive
change in the law. It reconciles conflicts that have arisen
from multiple amendments and enactments and makes technical
corrections and revisions in the law.
This Act revises and, where appropriate, renumbers certain
Sections that have been added or amended by more than one
Public Act. In certain cases in which a repealed Act or Section
has been replaced with a successor law, this Act may
incorporate amendments to the repealed Act or Section into the
successor law. This Act also corrects errors, revises
cross-references, and deletes obsolete text.
(c) In this Act, the reference at the end of each amended
Section indicates the sources in the Session Laws of Illinois
that were used in the preparation of the text of that Section.
The text of the Section included in this Act is intended to
include the different versions of the Section found in the
Public Acts included in the list of sources, but may not

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

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

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

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

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

Act who is such a member on January 1, 2012 (the effective date
of Public Act 97-504) this amendatory Act of the 97th General
Assembly must successfully complete the electronic training
curriculum developed and administered by the Public Access
Counselor. For these members, the training must be completed
within one year after January 1, 2012 (the effective date of
Public Act 97-504) this amendatory Act.
Except as otherwise provided in this Section, each elected
or appointed member of a public body subject to this Act who
becomes such a member after January 1, 2012 (the effective
date of Public Act 97-504) this amendatory Act of the 97th
General Assembly shall successfully complete the electronic
training curriculum developed and administered by the Public
Access Counselor. For these members, the training must be
completed not later than the 90th day after the date the
member:
(1) takes the oath of office, if the member is
required to take an oath of office to assume the person's
duties as a member of the public body; or
(2) otherwise assumes responsibilities as a member of
the public body, if the member is not required to take an
oath of office to assume the person's duties as a member of
the governmental body.
Each member successfully completing the electronic
training curriculum shall file a copy of the certificate of
completion with the public body.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

acknowledging filing.
(3) The times for the filing of statements of economic
interests set forth in Section 4A-105 shall be followed in
any system of Internet-based filing of statements of
economic interests; provided that a candidate for elective
office who is required to file a statement of economic
interests in relation to his or her candidacy pursuant to
Section 4A-105(a) shall receive a written or printed
receipt for his or her filing.
A candidate filing for Governor, Lieutenant Governor,
Attorney General, Secretary of State, Treasurer,
Comptroller, State Senate, or State House of
Representatives shall not use the Internet to file his or
her statement of economic interests, but shall file his or
her statement of economic interests in a written or
printed form and shall receive a written or printed
receipt for his or her filing. Annually, the duly
appointed ethics officer for each legislative caucus shall
certify to the Secretary of State whether his or her
caucus members will file their statements of economic
interests electronically or in a written or printed format
for that year. If the ethics officer for a caucus
certifies that the statements of economic interests shall
be written or printed, then members of the General
Assembly of that caucus shall not use the Internet to file
his or her statement of economic interests, but shall file

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

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

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

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

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

others doing business with, State agencies within the
jurisdiction of the Attorney General. The Executive Inspector
General appointed by the Secretary of State shall have
jurisdiction over the Secretary of State and all officers and
employees of, and vendors and others doing business with,
State agencies within the jurisdiction of the Secretary of
State. The Executive Inspector General appointed by the
Comptroller shall have jurisdiction over the Comptroller and
all officers and employees of, and vendors and others doing
business with, State agencies within the jurisdiction of the
Comptroller. The Executive Inspector General appointed by the
Treasurer shall have jurisdiction over the Treasurer and all
officers and employees of, and vendors and others doing
business with, State agencies within the jurisdiction of the
Treasurer. The Executive Inspector General appointed by the
Governor shall have jurisdiction over (i) the Governor, (ii)
the Lieutenant Governor, (iii) all officers and employees of,
and vendors and others doing business with, executive branch
State agencies under the jurisdiction of the Executive Ethics
Commission and not within the jurisdiction of the Attorney
General, the Secretary of State, the Comptroller, or the
Treasurer, and (iv) all board members and employees of the
Regional Transit Boards and all vendors and others doing
business with the Regional Transit Boards.
The jurisdiction of each Executive Inspector General is to
investigate allegations of fraud, waste, abuse, mismanagement,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(enter URL) or register to vote online at (enter URL), by
requesting a mail-in voter registration form by (enter
instructions for requesting a mail-in voter registration
form), or visiting the (name of election authority) office
at (address of election authority)."
The words "register to vote online at (enter URL)" shall
be bolded and of a distinct nature from the other words in the
message required by this subsection (c).
(d) Any communication required to be delivered to a
potential registrant that has been identified by the
Electronic Registration Information Center as eligible to vote
but who is not registered to vote in Illinois shall be prepared
and disseminated at the direction of the State Board of
Elections. All other communications with potential registrants
or re-registrants pursuant to the Electronic Registration
Information Center Membership Agreement shall be prepared and
disseminated at the direction of the appropriate election
authority.
(e) The Executive Director of the State Board of Elections
or his or her designee shall serve as the Member
Representative to the Electronic Registration Information
Center.
(f) The State Board of Elections may adopt any rules
necessary to enforce this Section or comply with the
Electronic Registration Information Center Membership
Agreement.

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

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

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

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

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

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

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

at such library.
2. The principal, or a qualified person designated by
the principal, of any high school, elementary school, or
vocational school situated within the election
jurisdiction, who may accept the registrations of any
resident of the State, at such school. The board of
election commissioners shall notify every principal and
vice-principal of each high school, elementary school, and
vocational school situated in the election jurisdiction of
their eligibility to serve as deputy registrars and offer
training courses for service as deputy registrars at
conveniently located facilities at least 4 months prior to
every election.
3. The president, or a qualified person designated by
the president, of any university, college, community
college, academy, or other institution of learning
situated within the State, who may accept the
registrations of any resident of the election
jurisdiction, at such university, college, community
college, academy, or institution.
4. A duly elected or appointed official of a bona fide
labor organization, or a reasonable number of qualified
members designated by such official, who may accept the
registrations of any qualified resident of the State.
5. A duly elected or appointed official of a bona fide
State civic organization, as defined and determined by

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

of Health shall issue a report, including its
recommendations, to the Director. The Director shall take
into consideration any comments or recommendations made by
the Board based on these hearings.
(10) To deliver to the Governor for presentation to
the General Assembly a State Health Improvement Plan. The
first 3 such plans shall be delivered to the Governor on
January 1, 2006, January 1, 2009, and January 1, 2016 and
then every 5 years thereafter.
The Plan shall recommend priorities and strategies to
improve the public health system and the health status of
Illinois residents, taking into consideration national
health objectives and system standards as frameworks for
assessment.
The Plan shall also take into consideration priorities
and strategies developed at the community level through
the Illinois Project for Local Assessment of Needs (IPLAN)
and any regional health improvement plans that may be
developed. The Plan shall focus on prevention as a key
strategy for long-term health improvement in Illinois.
The Plan shall examine and make recommendations on the
contributions and strategies of the public and private
sectors for improving health status and the public health
system in the State. In addition to recommendations on
health status improvement priorities and strategies for
the population of the State as a whole, the Plan shall make

recommendations regarding priorities and strategies for
reducing and eliminating health disparities in Illinois;
including racial, ethnic, gender, age, socio-economic, and
geographic disparities.
The Director of the Illinois Department of Public
Health shall appoint a Planning Team that includes a range
of public, private, and voluntary sector stakeholders and
participants in the public health system. This Team shall
include: the directors of State agencies with public
health responsibilities (or their designees), including,
but not limited to, the Illinois Departments of Public
Health and Department of Human Services, representatives
of local health departments, representatives of local
community health partnerships, and individuals with
expertise who represent an array of organizations and
constituencies engaged in public health improvement and
prevention.
The State Board of Health shall hold at least 3 public
hearings addressing drafts of the Plan in representative
geographic areas of the State. Members of the Planning
Team shall receive no compensation for their services, but
may be reimbursed for their necessary expenses.
Upon the delivery of each State Health Improvement
Plan, the Governor shall appoint a SHIP Implementation
Coordination Council that includes a range of public,
private, and voluntary sector stakeholders and

participants in the public health system. The Council
shall include the directors of State agencies and entities
with public health system responsibilities (or their
designees), including, but not limited to, the Department
of Public Health, Department of Human Services, Department
of Healthcare and Family Services, Environmental
Protection Agency, Illinois State Board of Education,
Department on Aging, Illinois Violence Prevention
Authority, Department of Agriculture, Department of
Insurance, Department of Financial and Professional
Regulation, Department of Transportation, and Department
of Commerce and Economic Opportunity and the Chair of the
State Board of Health. The Council shall include
representatives of local health departments and
individuals with expertise who represent an array of
organizations and constituencies engaged in public health
improvement and prevention, including non-profit public
interest groups, health issue groups, faith community
groups, health care providers, businesses and employers,
academic institutions, and community-based organizations.
The Governor shall endeavor to make the membership of the
Council representative of the racial, ethnic, gender,
socio-economic, and geographic diversity of the State. The
Governor shall designate one State agency representative
and one other non-governmental member as co-chairs of the
Council. The Governor shall designate a member of the

Governor's office to serve as liaison to the Council and
one or more State agencies to provide or arrange for
support to the Council. The members of the SHIP
Implementation Coordination Council for each State Health
Improvement Plan shall serve until the delivery of the
subsequent State Health Improvement Plan, whereupon a new
Council shall be appointed. Members of the SHIP Planning
Team may serve on the SHIP Implementation Coordination
Council if so appointed by the Governor.
The SHIP Implementation Coordination Council shall
coordinate the efforts and engagement of the public,
private, and voluntary sector stakeholders and
participants in the public health system to implement each
SHIP. The Council shall serve as a forum for collaborative
action; coordinate existing and new initiatives; develop
detailed implementation steps, with mechanisms for action;
implement specific projects; identify public and private
funding sources at the local, State and federal level;
promote public awareness of the SHIP; advocate for the
implementation of the SHIP; and develop an annual report
to the Governor, General Assembly, and public regarding
the status of implementation of the SHIP. The Council
shall not, however, have the authority to direct any
public or private entity to take specific action to
implement the SHIP.
(11) Upon the request of the Governor, to recommend to

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

the family, when safe and appropriate, if temporary placement
is necessary; or movement of the child toward the most
permanent living arrangement and permanent legal status.
When determining reasonable efforts to be made with
respect to a child, as described in this subsection, and in
making such reasonable efforts, the child's health and safety
shall be the paramount concern.
When a child is placed in foster care, the Department
shall ensure and document that reasonable efforts were made to
prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child
occurs unless otherwise required, pursuant to the Juvenile
Court Act of 1987. At any time after the dispositional hearing
where the Department believes that further reunification
services would be ineffective, it may request a finding from
the court that reasonable efforts are no longer appropriate.
The Department is not required to provide further
reunification services after such a finding.
A decision to place a child in substitute care shall be
made with considerations of the child's health, safety, and
best interests. At the time of placement, consideration should
also be given so that if reunification fails or is delayed, the
placement made is the best available placement to provide
permanency for the child.
The Department shall adopt rules addressing concurrent

planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:
(1) the likelihood of prompt reunification;
(2) the past history of the family;
(3) the barriers to reunification being addressed by
the family;
(4) the level of cooperation of the family;
(5) the foster parents' willingness to work with the
family to reunite;
(6) the willingness and ability of the foster family
to provide an adoptive home or long-term placement;
(7) the age of the child;
(8) placement of siblings.
(m) The Department may assume temporary custody of any
child if:
(1) it has received a written consent to such
temporary custody signed by the parents of the child or by
the parent having custody of the child if the parents are
not living together or by the guardian or custodian of the
child if the child is not in the custody of either parent,
or
(2) the child is found in the State and neither a
parent, guardian nor custodian of the child can be
located.
If the child is found in his or her residence without a parent,

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

authority, responsibilities and duties that a legal custodian
of the child would have under subsection (9) of Section 1-3 of
the Juvenile Court Act of 1987.
The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical
examination.
A parent, guardian, or custodian of a child in the
temporary custody of the Department who would have custody of
the child if he were not in the temporary custody of the
Department may deliver to the Department a signed request that
the Department surrender the temporary custody of the child.
The Department may retain temporary custody of the child for
10 days after the receipt of the request, during which period
the Department may cause to be filed a petition pursuant to the
Juvenile Court Act of 1987. If a petition is so filed, the
Department shall retain temporary custody of the child until
the court orders otherwise. If a petition is not filed within
the 10-day period, the child shall be surrendered to the
custody of the requesting parent, guardian, or custodian not
later than the expiration of the 10-day period, at which time
the authority and duties of the Department with respect to the
temporary custody of the child shall terminate.
(m-1) The Department may place children under 18 years of
age in a secure child care facility licensed by the Department
that cares for children who are in need of secure living
arrangements for their health, safety, and well-being after a

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

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

youth receiving child welfare services under this Section. The
Department shall continue child welfare services under this
Section to any eligible minor until the minor becomes 21 years
of age, no longer consents to participate, or achieves
self-sufficiency as identified in the minor's service plan.
The Department of Children and Family Services shall create
clear, readable notice of the rights of former foster youth to
child welfare services under this Section and how such
services may be obtained. The Department of Children and
Family Services and the Department of Human Services shall
disseminate this information statewide. The Department shall
adopt regulations describing services intended to assist
minors in achieving sustainable self-sufficiency as
independent adults.
(o) The Department shall establish an administrative
review and appeal process for children and families who
request or receive child welfare services from the Department.
Youth in care who are placed by private child welfare
agencies, and foster families with whom those youth are
placed, shall be afforded the same procedural and appeal
rights as children and families in the case of placement by the
Department, including the right to an initial review of a
private agency decision by that agency. The Department shall
ensure that any private child welfare agency, which accepts
youth in care for placement, affords those rights to children
and foster families. The Department shall accept for

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

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

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

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

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

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

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

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

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

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

exceed the actual cost of the record check. The Department of
State Police shall furnish, pursuant to positive
identification, all Illinois conviction information to the
Department of Children and Family Services.
For purposes of this subsection:
"Background information" means all of the following:
(i) Upon the request of the Department of Children and
Family Services, conviction information obtained from the
Department of State Police as a result of a
fingerprint-based criminal history records check of the
Illinois criminal history records database and the Federal
Bureau of Investigation criminal history records database
concerning a Department employee or Department applicant.
(ii) Information obtained by the Department of
Children and Family Services after performing a check of
the Department of State Police's Sex Offender Database, as
authorized by Section 120 of the Sex Offender Community
Notification Law, concerning a Department employee or
Department applicant.
(iii) Information obtained by the Department of
Children and Family Services after performing a check of
the Child Abuse and Neglect Tracking System (CANTS)
operated and maintained by the Department.
"Department employee" means a full-time or temporary
employee coded or certified within the State of Illinois
Personnel System.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

maternal care that are complimentary but distinct from
levels of neonatal care;
(2) establish clear, uniform criteria for designation
of maternal centers that are integrated with emergency
response systems to help ensure that the appropriate
personnel, physical space, equipment, and technology are
available to achieve optimal outcomes, as well as to
facilitate subsequent data collection regarding
risk-appropriate care;
(3) require each health care facility to have a clear
understanding of its capability to handle increasingly
complex levels of maternal care, and to have a
well-defined threshold for transferring women to health
care facilities that offer a higher level of care; to
ensure optimal care of all pregnant women, the Department
shall require all birth centers, hospitals, and
higher-level facilities to collaborate in order to develop
and maintain maternal and neonatal transport plans and
cooperative agreements capable of managing the health care
needs of women who develop complications; the Department
shall require that receiving hospitals openly accept
transfers;
(4) require higher-level facilities to provide
training for quality improvement initiatives, educational
support, and severe morbidity and mortality case review
for lower-level hospitals; the Department shall ensure

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

existed.
(C) Upon entry of an order to seal records under
subsection (c), the arresting agency, any other agency
as ordered by the court, the Department, and the court
shall seal the records (as defined in subsection
(a)(1)(K)). In response to an inquiry for such
records, from anyone not authorized by law to access
such records, the court, the Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever existed.
(D) The Department shall send written notice to
the petitioner of its compliance with each order to
expunge or seal records within 60 days of the date of
service of that order or, if a motion to vacate,
modify, or reconsider is filed, within 60 days of
service of the order resolving the motion, if that
order requires the Department to expunge or seal
records. In the event of an appeal from the circuit
court order, the Department shall send written notice
to the petitioner of its compliance with an Appellate
Court or Supreme Court judgment to expunge or seal
records within 60 days of the issuance of the court's
mandate. The notice is not required while any motion
to vacate, modify, or reconsider, or any appeal or
petition for discretionary appellate review, is
pending.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

of State Police shall notify the Prisoner Review Board
of all such records that meet the criteria established
in paragraph (2)(A).
(i) The Prisoner Review Board shall notify the
State's Attorney of the county of conviction of
each record identified by State Police in
paragraph (2)(A) that is classified as a Class 4
felony. The State's Attorney may provide a written
objection to the Prisoner Review Board on the sole
basis that the record identified does not meet the
criteria established in paragraph (2)(A). Such an
objection must be filed within 60 days or by such
later date set by the Prisoner Review Board in the
notice after the State's Attorney received notice
from the Prisoner Review Board.
(ii) In response to a written objection from a
State's Attorney, the Prisoner Review Board is
authorized to conduct a non-public hearing to
evaluate the information provided in the
objection.
(iii) The Prisoner Review Board shall make a
confidential and privileged recommendation to the
Governor as to whether to grant a pardon
authorizing expungement for each of the records
identified by the Department of State Police as
described in paragraph (2)(A).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(30 ILCS 105/5.895)
Sec. 5.895. The Sound-Reducing Windows and Doors
Replacement Fund.
(Source: P.A. 101-10, eff. 6-5-19.)
(30 ILCS 105/5.896)
Sec. 5.896. The Rebuild Illinois Projects Fund.
(Source: P.A. 101-30, eff. 6-28-19; revised 10-17-19.)
(30 ILCS 105/5.897)
Sec. 5.897. The Civic and Transit Infrastructure Fund.
(Source: P.A. 101-10, eff. 6-5-19.)
(30 ILCS 105/5.898)
Sec. 5.898 5.891. The State Aviation Program Fund.
(Source: P.A. 101-10, Article 15, Section 15-5, eff. 6-5-19;
revised 10-2-19.)
(30 ILCS 105/5.899)
Sec. 5.899 5.891. The Cannabis Regulation Fund.
(Source: P.A. 101-27, eff. 6-25-19; revised 10-2-19.)
(30 ILCS 105/5.900)
Sec. 5.900 5.891. The Multi-modal Transportation Bond
Fund.
(Source: P.A. 101-30, eff. 6-28-19; revised 10-2-19.)

(30 ILCS 105/5.901)
Sec. 5.901 5.891. The Transportation Renewal Fund.
(Source: P.A. 101-31, eff. 6-28-19; 101-32, eff. 6-28-19;
revised 10-2-19.)
(30 ILCS 105/5.902)
Sec. 5.902 5.891. The Illinois Property Tax Relief Fund.
(Source: P.A. 101-77, eff. 7-12-19; revised 10-2-19.)
(30 ILCS 105/5.903)
Sec. 5.903 5.891. The Attorney General Whistleblower
Reward and Protection Fund.
(Source: P.A. 101-148, eff. 7-26-19; revised 10-2-19.)
(30 ILCS 105/5.904)
Sec. 5.904 5.891. The Coal Combustion Residual Surface
Impoundment Financial Assurance Fund.
(Source: P.A. 101-171, eff. 7-30-19; revised 10-2-19.)
(30 ILCS 105/5.905)
Sec. 5.905 5.891. The Scott's Law Fund.
(Source: P.A. 101-173, eff. 1-1-20; revised 10-2-19.)
(30 ILCS 105/5.906)
Sec. 5.906 5.891. The DUI Prevention and Education Fund.

(Source: P.A. 101-196, eff. 1-1-20; revised 10-2-19.)
(30 ILCS 105/5.907)
Sec. 5.907 5.891. The Post-Traumatic Stress Disorder
Awareness Fund.
(Source: P.A. 101-248, eff. 1-1-20; revised 10-2-19.)
(30 ILCS 105/5.908)
Sec. 5.908 5.891. The Guide Dogs of America Fund.
(Source: P.A. 101-256, eff. 1-1-20; revised 10-2-19.)
(30 ILCS 105/5.909)
Sec. 5.909 5.891. The Theresa Tracy Trot-Illinois
CancerCare Foundation Fund.
(Source: P.A. 101-276, eff. 8-9-19; revised 10-2-19.)
(30 ILCS 105/5.910)
Sec. 5.910 5.891. The Developmental Disabilities Awareness
Fund.
(Source: P.A. 101-282, eff. 1-1-20; revised 10-2-19.)
(30 ILCS 105/5.911)
Sec. 5.911 5.891. The Pediatric Cancer Awareness Fund.
(Source: P.A. 101-372, eff. 1-1-20; revised 10-2-19.)
(30 ILCS 105/5.912)

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

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

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

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

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

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

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

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

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

tax year. As soon as possible after receiving certifications
from each county under this subsection, the State Comptroller
shall calculate a property tax rebate amount for the
applicable property tax year by dividing the total amount
appropriated from the Illinois Property Tax Relief Fund for
the purpose of making rebates under this Section by the total
number of homestead exemptions granted for homestead property
in the State. The county treasurer shall reduce each property
tax bill for homestead property by the property tax rebate
amount and shall include a separate line item on each property
tax bill stating the property tax rebate amount from the
Illinois Property Tax Relief Fund. Within 60 days after
calculating the property tax rebate amount, the State
Comptroller shall make distributions from the Illinois
Property Tax Relief Fund to each county. The amount allocated
to each county shall be the property tax rebate amount
multiplied by the number of general homestead exemptions
granted in the county for the applicable property tax year.
The county treasurer shall distribute each taxing district's
share of property tax collections and distributions from the
Illinois Property Tax Relief Fund to those taxing districts as
provided by law.
(c) As used in this Section:
"Applicable property tax year" means the tax year for
which a rebate was applied to property tax bills under this
Section.

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

pursuant to its authority under the Public-Private Partnership
for Civic and Transit Infrastructure Project Act, annually
certify to the State Comptroller and the State Treasurer the
amount necessary and required, during the fiscal year with
respect to which the certification is made, to pay the amounts
due under the Public-Private Partnership for Civic and Transit
Infrastructure Project Act. On or before the last day of each
month, the State Comptroller and State Treasurer shall
transfer the moneys required to be deposited into the Fund
under Section 3 of the Retailers' Occupation Tax Act and the
Public-Private Partnership for Civic and Transit
Infrastructure Project Act and shall pay from that Fund the
required amount certified by the public agency, plus any
cumulative deficiency in such transfers and payments for prior
months, to the public agency for distribution pursuant to the
Public-Private Partnership for Civic and Transit
Infrastructure Project Act. Such transferred amount shall be
sufficient to pay all amounts due under the Public-Private
Partnership for Civic and Transit Infrastructure Project Act.
Provided that all amounts deposited in the Fund have been paid
accordingly under the Public-Private Partnership for Civic and
Transit Infrastructure Project Act, all amounts remaining in
the Civic and Transit Infrastructure Fund shall be held in
that Fund for other subsequent payments required under the
Public-Private Partnership for Civic and Transit
Infrastructure Project Act. In the event the State fails to

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

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

exceed the annual amount for those payments from that special
fund for the calendar year 1998. The special funds to which
transfers shall be made under this subsection (d) include, but
are not necessarily limited to, the Agricultural Premium Fund;
the Metropolitan Exposition, Auditorium and Office Building
Fund; the Fair and Exposition Fund; the Illinois Standardbred
Breeders Fund; the Illinois Thoroughbred Breeders Fund; and
the Illinois Veterans' Rehabilitation Fund. Except for
transfers attributable to prior fiscal years, during State
fiscal year 2020 only, no transfers shall be made from the
General Revenue Fund to the Agricultural Premium Fund, the
Fair and Exposition Fund, the Illinois Standardbred Breeders
Fund, or the Illinois Thoroughbred Breeders Fund.
(e) (Blank).
(f) (Blank).
(f-1) (Blank).
(g) (Blank).
(h) (Blank).
(i) (Blank).
(i-1) (Blank).
(j) (Blank).
......
(k) (Blank).
(k-1) (Blank).
(k-2) (Blank).
(k-3) (Blank).

(l) (Blank).
(m) (Blank).
(n) (Blank).
(o) (Blank).
(p) (Blank).
(q) (Blank).
(r) (Blank).
(s) (Blank).
(t) (Blank).
(u) (Blank).
(v) (Blank).
(w) (Blank).
(x) (Blank).
(y) (Blank).
(z) (Blank).
(aa) (Blank).
(bb) (Blank).
(cc) (Blank).
(dd) (Blank).
(ee) (Blank).
(ff) (Blank).
(gg) (Blank).
(hh) (Blank).
(ii) (Blank).
(jj) (Blank).
(kk) (Blank).

(ll) (Blank).
(mm) (Blank).
(nn) (Blank).
(oo) (Blank).
(pp) (Blank).
(qq) (Blank).
(rr) (Blank).
(ss) (Blank).
(tt) (Blank).
(uu) (Blank).
(vv) (Blank).
(ww) (Blank).
(xx) (Blank).
(yy) (Blank).
(zz) (Blank).
(aaa) (Blank).
(bbb) (Blank).
(ccc) (Blank).
(ddd) (Blank).
(eee) (Blank).
(fff) (Blank).
(ggg) (Blank).
(hhh) (Blank).
(iii) (Blank).
(jjj) (Blank).
(lll) (Blank).

(mmm) (Blank).
(nnn) (Blank).
(ooo) (Blank).
(ppp) (Blank).
(qqq) (Blank).
(rrr) (Blank).
(sss) (Blank).
(ttt) (Blank).
(uuu) (Blank).
(vvv) (Blank).
(www) (Blank).
(xxx) (Blank).
(yyy) (Blank).
(zzz) (Blank).
(aaaa) (Blank).
(bbbb) (Blank).
(cccc) (Blank).
(dddd) (Blank).
(eeee) (Blank).
(Source: P.A. 100-23, eff. 7-6-17; 100-201, eff. 8-18-17;
100-863, eff. 8-14-18; 101-10, eff. 6-5-19; revised 7-17-19.)
(30 ILCS 105/9.02) (from Ch. 127, par. 145c)
Sec. 9.02. Vouchers; signature; delegation; electronic
submission.
(a)(1) Any new contract or contract renewal in the amount

of $250,000 or more in a fiscal year, or any order against a
master contract in the amount of $250,000 or more in a fiscal
year, or any contract amendment or change to an existing
contract that increases the value of the contract to or by
$250,000 or more in a fiscal year, shall be signed or approved
in writing by the chief executive officer of the agency or his
or her designee, and shall also be signed or approved in
writing by the agency's chief legal counsel or his or her
designee and chief fiscal officer or his or her designee. If
the agency does not have a chief legal counsel or a chief
fiscal officer, the chief executive officer of the agency
shall designate in writing a senior executive as the
individual responsible for signature or approval.
(2) No document identified in paragraph (1) may be filed
with the Comptroller, nor may any authorization for payment
pursuant to such documents be filed with the Comptroller, if
the required signatures or approvals are lacking.
(3) Any person who, with knowledge the signatures or
approvals required in paragraph (1) are lacking, either files
or directs another to file documents or payment authorizations
in violation of paragraph (2) shall be subject to discipline
up to and including discharge.
(4) Procurements shall not be artificially divided so as
to avoid the necessity of complying with paragraph (1).
(5) Each State agency shall develop and implement
procedures to ensure the necessary signatures or approvals are

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

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

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

(7) Clerks of courts, to be certified and approved by
the clerk incurring expenditures;
(8) The departments under the Civil Administrative
Code, to be certified and approved by the Director or
Secretary of the Department;
(9) The University of Illinois, to be certified by the
president of the University;
(10) The State Universities Retirement System, to be
certified to by the President and Secretary of the Board
of Trustees of the System;
(11) Illinois State University, to be certified to by
the president of that University;
(12) Northern Illinois University, to be certified to
by the president of that University;
(12a) Chicago State University, certified to by the
president of that University;
(12b) Eastern Illinois University, certified to by the
president of that University;
(12c) Governors State University, certified to by the
president of that University;
(12d) Northeastern Illinois University, certified to
by the president of that University;
(12e) Western Illinois University, certified to by the
president of that University;
(13) Southern Illinois University, to be certified to
by the President of the University;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

operate the Civic and Transit Infrastructure Project as
provided under this Act.
"Private build" means all commercial, industrial or
residential facilities, or property that is not included in
the definition of civic build. The private build may include
commercial office, residential, educational, health and
wellness, or hotel facilities constructed on or adjacent to
the civic build, and retail, dining, and entertainment
facilities that are not included as part of the civic build
under the public-private agreement.
"Private entity" means any private entity associated with
the Civic and Transit Infrastructure Project at the time of
execution and delivery of a public-private agreement, and its
successors or assigns. The private entity may enter into a
public-private agreement with the public agency on behalf of
the State for the development, financing, construction,
operational, or management of the Civic and Transit
Infrastructure Project under this Act.
"Public agency" means the Governor's Office of Management
and Budget.
"Public-private Public private agreement" or "agreement"
means one or more agreements or contracts entered into between
the public agency on behalf of the State and private entity,
and all schedules, exhibits, and attachments thereto, entered
into under this Act for the development, financing,
construction, operation, or management of the Civic and

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

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

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

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

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

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

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

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

termination of the public-private agreement, the private
entity's authority and duties under the public-private
agreement shall cease, except for those duties and obligations
that extend beyond the termination, as set forth in the
public-private public private agreement, which may include
ongoing management and operations of the civic build, and all
interests and ownership in the civic build shall transfer to
the State; provided that the State has made all required
payments to the private entity as required under this Act and
the public-private agreement. The State may also exercise an
option to not accept its interest and ownership in the civic
build. In the event the State exercises its option to not
accept its interest and ownership in the civic build, the
private entity shall maintain its interest and ownership in
the civic build and shall have the authority to maintain,
further develop, encumber, or sell the civic build consistent
with its authority as the owner of the civic build. In the
event the State exercises its option to have its interest and
ownership in the civic build after all required payments have
been made to the private entity consistent with the
public-private agreement and this Act, the private entity
shall have the authority to enter into an operating agreement
with the public agency, on such terms that are reasonable and
customary for operating agreements, to operate and manage the
civic build for an annual operator fee and payment from the
State representing a portion of the net operating income of

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

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

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

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

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

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

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

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

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

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

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

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

(a) Notwithstanding any other provision of this Act or any
other law to the contrary, the Board of Trustees of any public
institution of higher education in this State, as defined in
subsection (d), is authorized to dispose of surplus real
estate of that public institution of higher education as
provided under subsection (b).
(b) The Board of Trustees of any public institution of
higher education in this State may sell, lease, or otherwise
transfer and convey all or part of real estate deemed by the
Board to be surplus real estate, together with the
improvements situated thereon, to a bona fide purchaser for
value and on such terms as the Board shall determine are in the
best interests of that public institution of higher education
and consistent with that institution's objects and purposes.
(c) A Board of Trustees disposing of surplus real estate
may retain the proceeds from the sale, lease, or other
transfer of all or any part of the real estate deemed surplus
real estate under subsection (b), including the improvements
situated thereon, in a separate account in the treasury of the
public institution of higher education for the purpose of
deferred maintenance and emergency repair of institution
property. The Auditor General shall examine the separate
account to ensure the use or deposit of the proceeds
authorized under this subsection (c) in a manner consistent
with the stated purpose.
(d) For the purposes of this Section, "public institution

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

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

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

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

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

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

person to whom the interest was paid, accrued, or
incurred.
This paragraph shall not apply to the following:
(i) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person who
is subject in a foreign country or state, other
than a state which requires mandatory unitary
reporting, to a tax on or measured by net income
with respect to such interest; or
(ii) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person if
the taxpayer can establish, based on a
preponderance of the evidence, both of the
following:
(a) the person, during the same taxable
year, paid, accrued, or incurred, the interest
to a person that is not a related member, and
(b) the transaction giving rise to the
interest expense between the taxpayer and the
person did not have as a principal purpose the
avoidance of Illinois income tax, and is paid
pursuant to a contract or agreement that
reflects an arm's-length interest rate and
terms; or
(iii) the taxpayer can establish, based on
clear and convincing evidence, that the interest

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

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

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

following:
(a) the person during the same taxable
year paid, accrued, or incurred, the
intangible expense or cost to a person that is
not a related member, and
(b) the transaction giving rise to the
intangible expense or cost between the
taxpayer and the person did not have as a
principal purpose the avoidance of Illinois
income tax, and is paid pursuant to a contract
or agreement that reflects arm's-length terms;
or
(iii) any item of intangible expense or cost
paid, accrued, or incurred, directly or
indirectly, from a transaction with a person if
the taxpayer establishes by clear and convincing
evidence, that the adjustments are unreasonable;
or if the taxpayer and the Director agree in
writing to the application or use of an
alternative method of apportionment under Section
304(f);
Nothing in this subsection shall preclude the
Director from making any other adjustment
otherwise allowed under Section 404 of this Act
for any tax year beginning after the effective
date of this amendment provided such adjustment is

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

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

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

excluded from gross income under Section 529A(c)(1)(B)
of the Internal Revenue Code;
(D-21) For taxable years beginning on or after
January 1, 2007, in the case of transfer of moneys from
a qualified tuition program under Section 529 of the
Internal Revenue Code that is administered by the
State to an out-of-state program, an amount equal to
the amount of moneys previously deducted from base
income under subsection (a)(2)(Y) of this Section;
(D-21.5) For taxable years beginning on or after
January 1, 2018, in the case of the transfer of moneys
from a qualified tuition program under Section 529 or
a qualified ABLE program under Section 529A of the
Internal Revenue Code that is administered by this
State to an ABLE account established under an
out-of-state ABLE account program, an amount equal to
the contribution component of the transferred amount
that was previously deducted from base income under
subsection (a)(2)(Y) or subsection (a)(2)(HH) of this
Section;
(D-22) For taxable years beginning on or after
January 1, 2009, and prior to January 1, 2018, in the
case of a nonqualified withdrawal or refund of moneys
from a qualified tuition program under Section 529 of
the Internal Revenue Code administered by the State
that is not used for qualified expenses at an eligible

education institution, an amount equal to the
contribution component of the nonqualified withdrawal
or refund that was previously deducted from base
income under subsection (a)(2)(y) of this Section,
provided that the withdrawal or refund did not result
from the beneficiary's death or disability. For
taxable years beginning on or after January 1, 2018:
(1) in the case of a nonqualified withdrawal or
refund, as defined under Section 16.5 of the State
Treasurer Act, of moneys from a qualified tuition
program under Section 529 of the Internal Revenue Code
administered by the State, an amount equal to the
contribution component of the nonqualified withdrawal
or refund that was previously deducted from base
income under subsection (a)(2)(Y) of this Section, and
(2) in the case of a nonqualified withdrawal or refund
from a qualified ABLE program under Section 529A of
the Internal Revenue Code administered by the State
that is not used for qualified disability expenses, an
amount equal to the contribution component of the
nonqualified withdrawal or refund that was previously
deducted from base income under subsection (a)(2)(HH)
of this Section;
(D-23) An amount equal to the credit allowable to
the taxpayer under Section 218(a) of this Act,
determined without regard to Section 218(c) of this

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

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

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

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

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

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

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

to the extent includible in gross income for federal
income tax purposes, made to the taxpayer because of
his or her status as a victim of persecution for racial
or religious reasons by Nazi Germany or any other Axis
regime or as an heir of the victim and (ii) items of
income, to the extent includible in gross income for
federal income tax purposes, attributable to, derived
from or in any way related to assets stolen from,
hidden from, or otherwise lost to a victim of
persecution for racial or religious reasons by Nazi
Germany or any other Axis regime immediately prior to,
during, and immediately after World War II, including,
but not limited to, interest on the proceeds
receivable as insurance under policies issued to a
victim of persecution for racial or religious reasons
by Nazi Germany or any other Axis regime by European
insurance companies immediately prior to and during
World War II; provided, however, this subtraction from
federal adjusted gross income does not apply to assets
acquired with such assets or with the proceeds from
the sale of such assets; provided, further, this
paragraph shall only apply to a taxpayer who was the
first recipient of such assets after their recovery
and who is a victim of persecution for racial or
religious reasons by Nazi Germany or any other Axis
regime or as an heir of the victim. The amount of and

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

(Z) For taxable years 2001 and thereafter, for the
taxable year in which the bonus depreciation deduction
is taken on the taxpayer's federal income tax return
under subsection (k) of Section 168 of the Internal
Revenue Code and for each applicable taxable year
thereafter, an amount equal to "x", where:
(1) "y" equals the amount of the depreciation
deduction taken for the taxable year on the
taxpayer's federal income tax return on property
for which the bonus depreciation deduction was
taken in any year under subsection (k) of Section
168 of the Internal Revenue Code, but not
including the bonus depreciation deduction;
(2) for taxable years ending on or before
December 31, 2005, "x" equals "y" multiplied by 30
and then divided by 70 (or "y" multiplied by
0.429); and
(3) for taxable years ending after December
31, 2005:
(i) for property on which a bonus
depreciation deduction of 30% of the adjusted
basis was taken, "x" equals "y" multiplied by
30 and then divided by 70 (or "y" multiplied
by 0.429); and
(ii) for property on which a bonus
depreciation deduction of 50% of the adjusted

basis was taken, "x" equals "y" multiplied by
1.0.
The aggregate amount deducted under this
subparagraph in all taxable years for any one piece of
property may not exceed the amount of the bonus
depreciation deduction taken on that property on the
taxpayer's federal income tax return under subsection
(k) of Section 168 of the Internal Revenue Code. This
subparagraph (Z) is exempt from the provisions of
Section 250;
(AA) If the taxpayer sells, transfers, abandons,
or otherwise disposes of property for which the
taxpayer was required in any taxable year to make an
addition modification under subparagraph (D-15), then
an amount equal to that addition modification.
If the taxpayer continues to own property through
the last day of the last tax year for which the
taxpayer may claim a depreciation deduction for
federal income tax purposes and for which the taxpayer
was required in any taxable year to make an addition
modification under subparagraph (D-15), then an amount
equal to that addition modification.
The taxpayer is allowed to take the deduction
under this subparagraph only once with respect to any
one piece of property.
This subparagraph (AA) is exempt from the

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

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

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

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

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

ending prior to December 31, 1986 is an element of
taxable income under paragraph (1) of subsection (e)
or subparagraph (E) of paragraph (2) of subsection
(e), the amount by which addition modifications other
than those provided by this subparagraph (E) exceeded
subtraction modifications in such earlier taxable
year, with the following limitations applied in the
order that they are listed:
(i) the addition modification relating to the
net operating loss carried back or forward to the
taxable year from any taxable year ending prior to
December 31, 1986 shall be reduced by the amount
of addition modification under this subparagraph
(E) which related to that net operating loss and
which was taken into account in calculating the
base income of an earlier taxable year, and
(ii) the addition modification relating to the
net operating loss carried back or forward to the
taxable year from any taxable year ending prior to
December 31, 1986 shall not exceed the amount of
such carryback or carryforward;
For taxable years in which there is a net
operating loss carryback or carryforward from more
than one other taxable year ending prior to December
31, 1986, the addition modification provided in this
subparagraph (E) shall be the sum of the amounts

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

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

included in gross income under Section 78 of the
Internal Revenue Code) with respect to the stock of
the same person to whom the interest was paid,
accrued, or incurred.
This paragraph shall not apply to the following:
(i) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person who
is subject in a foreign country or state, other
than a state which requires mandatory unitary
reporting, to a tax on or measured by net income
with respect to such interest; or
(ii) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person if
the taxpayer can establish, based on a
preponderance of the evidence, both of the
following:
(a) the person, during the same taxable
year, paid, accrued, or incurred, the interest
to a person that is not a related member, and
(b) the transaction giving rise to the
interest expense between the taxpayer and the
person did not have as a principal purpose the
avoidance of Illinois income tax, and is paid
pursuant to a contract or agreement that
reflects an arm's-length interest rate and
terms; or

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

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

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

indirectly, if the taxpayer can establish, based
on a preponderance of the evidence, both of the
following:
(a) the person during the same taxable
year paid, accrued, or incurred, the
intangible expense or cost to a person that is
not a related member, and
(b) the transaction giving rise to the
intangible expense or cost between the
taxpayer and the person did not have as a
principal purpose the avoidance of Illinois
income tax, and is paid pursuant to a contract
or agreement that reflects arm's-length terms;
or
(iii) any item of intangible expense or cost
paid, accrued, or incurred, directly or
indirectly, from a transaction with a person if
the taxpayer establishes by clear and convincing
evidence, that the adjustments are unreasonable;
or if the taxpayer and the Director agree in
writing to the application or use of an
alternative method of apportionment under Section
304(f);
Nothing in this subsection shall preclude the
Director from making any other adjustment
otherwise allowed under Section 404 of this Act

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

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

following amounts:
(F) An amount equal to the amount of any tax
imposed by this Act which was refunded to the taxpayer
and included in such total for the taxable year;
(G) An amount equal to any amount included in such
total under Section 78 of the Internal Revenue Code;
(H) In the case of a regulated investment company,
an amount equal to the amount of exempt interest
dividends as defined in subsection (b)(5) of Section
852 of the Internal Revenue Code, paid to shareholders
for the taxable year;
(I) With the exception of any amounts subtracted
under subparagraph (J), an amount equal to the sum of
all amounts disallowed as deductions by (i) Sections
171(a)(2), and 265(a)(2) and amounts disallowed as
interest expense by Section 291(a)(3) of the Internal
Revenue Code, and all amounts of expenses allocable to
interest and disallowed as deductions by Section
265(a)(1) of the Internal Revenue Code; and (ii) for
taxable years ending on or after August 13, 1999,
Sections 171(a)(2), 265, 280C, 291(a)(3), and
832(b)(5)(B)(i) of the Internal Revenue Code, plus,
for tax years ending on or after December 31, 2011,
amounts disallowed as deductions by Section 45G(e)(3)
of the Internal Revenue Code and, for taxable years
ending on or after December 31, 2008, any amount

included in gross income under Section 87 of the
Internal Revenue Code and the policyholders' share of
tax-exempt interest of a life insurance company under
Section 807(a)(2)(B) of the Internal Revenue Code (in
the case of a life insurance company with gross income
from a decrease in reserves for the tax year) or
Section 807(b)(1)(B) of the Internal Revenue Code (in
the case of a life insurance company allowed a
deduction for an increase in reserves for the tax
year); the provisions of this subparagraph are exempt
from the provisions of Section 250;
(J) An amount equal to all amounts included in
such total which are exempt from taxation by this
State either by reason of its statutes or Constitution
or by reason of the Constitution, treaties or statutes
of the United States; provided that, in the case of any
statute of this State that exempts income derived from
bonds or other obligations from the tax imposed under
this Act, the amount exempted shall be the interest
net of bond premium amortization;
(K) An amount equal to those dividends included in
such total which were paid by a corporation which
conducts business operations in a River Edge
Redevelopment Zone or zones created under the River
Edge Redevelopment Zone Act and conducts substantially
all of its operations in a River Edge Redevelopment

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

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

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

created or organized under the laws of the United
States or any state or political subdivision thereof,
including, for taxable years ending on or after
December 31, 1988, dividends received or deemed
received or paid or deemed paid under Sections 951
through 965 of the Internal Revenue Code, exceed the
amount of the modification provided under subparagraph
(G) of paragraph (2) of this subsection (b) which is
related to such dividends, and including, for taxable
years ending on or after December 31, 2008, dividends
received from a captive real estate investment trust;
plus (ii) 100% of the amount by which dividends,
included in taxable income and received, including,
for taxable years ending on or after December 31,
1988, dividends received or deemed received or paid or
deemed paid under Sections 951 through 964 of the
Internal Revenue Code and including, for taxable years
ending on or after December 31, 2008, dividends
received from a captive real estate investment trust,
from any such corporation specified in clause (i) that
would but for the provisions of Section 1504(b)(3) of
the Internal Revenue Code be treated as a member of the
affiliated group which includes the dividend
recipient, exceed the amount of the modification
provided under subparagraph (G) of paragraph (2) of
this subsection (b) which is related to such

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

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

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

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

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

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

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

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

(D) The amount of any net operating loss deduction
taken in arriving at taxable income, other than a net
operating loss carried forward from a taxable year
ending prior to December 31, 1986;
(E) For taxable years in which a net operating
loss carryback or carryforward from a taxable year
ending prior to December 31, 1986 is an element of
taxable income under paragraph (1) of subsection (e)
or subparagraph (E) of paragraph (2) of subsection
(e), the amount by which addition modifications other
than those provided by this subparagraph (E) exceeded
subtraction modifications in such taxable year, with
the following limitations applied in the order that
they are listed:
(i) the addition modification relating to the
net operating loss carried back or forward to the
taxable year from any taxable year ending prior to
December 31, 1986 shall be reduced by the amount
of addition modification under this subparagraph
(E) which related to that net operating loss and
which was taken into account in calculating the
base income of an earlier taxable year, and
(ii) the addition modification relating to the
net operating loss carried back or forward to the
taxable year from any taxable year ending prior to
December 31, 1986 shall not exceed the amount of

such carryback or carryforward;
For taxable years in which there is a net
operating loss carryback or carryforward from more
than one other taxable year ending prior to December
31, 1986, the addition modification provided in this
subparagraph (E) shall be the sum of the amounts
computed independently under the preceding provisions
of this subparagraph (E) for each such taxable year;
(F) For taxable years ending on or after January
1, 1989, an amount equal to the tax deducted pursuant
to Section 164 of the Internal Revenue Code if the
trust or estate is claiming the same tax for purposes
of the Illinois foreign tax credit under Section 601
of this Act;
(G) An amount equal to the amount of the capital
gain deduction allowable under the Internal Revenue
Code, to the extent deducted from gross income in the
computation of taxable income;
(G-5) For taxable years ending after December 31,
1997, an amount equal to any eligible remediation
costs that the trust or estate deducted in computing
adjusted gross income and for which the trust or
estate claims a credit under subsection (l) of Section
201;
(G-10) For taxable years 2001 and thereafter, an
amount equal to the bonus depreciation deduction taken

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

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

reporting, to a tax on or measured by net income
with respect to such interest; or
(ii) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person if
the taxpayer can establish, based on a
preponderance of the evidence, both of the
following:
(a) the person, during the same taxable
year, paid, accrued, or incurred, the interest
to a person that is not a related member, and
(b) the transaction giving rise to the
interest expense between the taxpayer and the
person did not have as a principal purpose the
avoidance of Illinois income tax, and is paid
pursuant to a contract or agreement that
reflects an arm's-length interest rate and
terms; or
(iii) the taxpayer can establish, based on
clear and convincing evidence, that the interest
paid, accrued, or incurred relates to a contract
or agreement entered into at arm's-length rates
and terms and the principal purpose for the
payment is not federal or Illinois tax avoidance;
or
(iv) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person if

the taxpayer establishes by clear and convincing
evidence that the adjustments are unreasonable; or
if the taxpayer and the Director agree in writing
to the application or use of an alternative method
of apportionment under Section 304(f).
Nothing in this subsection shall preclude the
Director from making any other adjustment
otherwise allowed under Section 404 of this Act
for any tax year beginning after the effective
date of this amendment provided such adjustment is
made pursuant to regulation adopted by the
Department and such regulations provide methods
and standards by which the Department will utilize
its authority under Section 404 of this Act;
(G-13) An amount equal to the amount of intangible
expenses and costs otherwise allowed as a deduction in
computing base income, and that were paid, accrued, or
incurred, directly or indirectly, (i) for taxable
years ending on or after December 31, 2004, to a
foreign person who would be a member of the same
unitary business group but for the fact that the
foreign person's business activity outside the United
States is 80% or more of that person's total business
activity and (ii) for taxable years ending on or after
December 31, 2008, to a person who would be a member of
the same unitary business group but for the fact that

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

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

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

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

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

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

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

to the extent includible in gross income for federal
income tax purposes, made to the taxpayer because of
his or her status as a victim of persecution for racial
or religious reasons by Nazi Germany or any other Axis
regime or as an heir of the victim and (ii) items of
income, to the extent includible in gross income for
federal income tax purposes, attributable to, derived
from or in any way related to assets stolen from,
hidden from, or otherwise lost to a victim of
persecution for racial or religious reasons by Nazi
Germany or any other Axis regime immediately prior to,
during, and immediately after World War II, including,
but not limited to, interest on the proceeds
receivable as insurance under policies issued to a
victim of persecution for racial or religious reasons
by Nazi Germany or any other Axis regime by European
insurance companies immediately prior to and during
World War II; provided, however, this subtraction from
federal adjusted gross income does not apply to assets
acquired with such assets or with the proceeds from
the sale of such assets; provided, further, this
paragraph shall only apply to a taxpayer who was the
first recipient of such assets after their recovery
and who is a victim of persecution for racial or
religious reasons by Nazi Germany or any other Axis
regime or as an heir of the victim. The amount of and

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

basis was taken, "x" equals "y" multiplied by
30 and then divided by 70 (or "y" multiplied
by 0.429); and
(ii) for property on which a bonus
depreciation deduction of 50% of the adjusted
basis was taken, "x" equals "y" multiplied by
1.0.
The aggregate amount deducted under this
subparagraph in all taxable years for any one piece of
property may not exceed the amount of the bonus
depreciation deduction taken on that property on the
taxpayer's federal income tax return under subsection
(k) of Section 168 of the Internal Revenue Code. This
subparagraph (R) is exempt from the provisions of
Section 250;
(S) If the taxpayer sells, transfers, abandons, or
otherwise disposes of property for which the taxpayer
was required in any taxable year to make an addition
modification under subparagraph (G-10), then an amount
equal to that addition modification.
If the taxpayer continues to own property through
the last day of the last tax year for which the
taxpayer may claim a depreciation deduction for
federal income tax purposes and for which the taxpayer
was required in any taxable year to make an addition
modification under subparagraph (G-10), then an amount

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

transactions with (i) a foreign person who would be a
member of the taxpayer's unitary business group but
for the fact the foreign person's business activity
outside the United States is 80% or more of that
person's total business activity and (ii) for taxable
years ending on or after December 31, 2008, to a person
who would be a member of the same unitary business
group but for the fact that the person is prohibited
under Section 1501(a)(27) from being included in the
unitary business group because he or she is ordinarily
required to apportion business income under different
subsections of Section 304, but not to exceed the
addition modification required to be made for the same
taxable year under Section 203(c)(2)(G-12) for
interest paid, accrued, or incurred, directly or
indirectly, to the same person. This subparagraph (U)
is exempt from the provisions of Section 250;
(V) An amount equal to the income from intangible
property taken into account for the taxable year (net
of the deductions allocable thereto) with respect to
transactions with (i) a foreign person who would be a
member of the taxpayer's unitary business group but
for the fact that the foreign person's business
activity outside the United States is 80% or more of
that person's total business activity and (ii) for
taxable years ending on or after December 31, 2008, to

a person who would be a member of the same unitary
business group but for the fact that the person is
prohibited under Section 1501(a)(27) from being
included in the unitary business group because he or
she is ordinarily required to apportion business
income under different subsections of Section 304, but
not to exceed the addition modification required to be
made for the same taxable year under Section
203(c)(2)(G-13) for intangible expenses and costs
paid, accrued, or incurred, directly or indirectly, to
the same foreign person. This subparagraph (V) is
exempt from the provisions of Section 250;
(W) in the case of an estate, an amount equal to
all amounts included in such total pursuant to the
provisions of Section 111 of the Internal Revenue Code
as a recovery of items previously deducted by the
decedent from adjusted gross income in the computation
of taxable income. This subparagraph (W) is exempt
from Section 250;
(X) an amount equal to the refund included in such
total of any tax deducted for federal income tax
purposes, to the extent that deduction was added back
under subparagraph (F). This subparagraph (X) is
exempt from the provisions of Section 250;
(Y) For taxable years ending on or after December
31, 2011, in the case of a taxpayer who was required to

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

(d) Partnerships.
(1) In general. In the case of a partnership, base
income means an amount equal to the taxpayer's taxable
income for the taxable year as modified by paragraph (2).
(2) Modifications. The taxable income referred to in
paragraph (1) shall be modified by adding thereto the sum
of the following amounts:
(A) An amount equal to all amounts paid or accrued
to the taxpayer as interest or dividends during the
taxable year to the extent excluded from gross income
in the computation of taxable income;
(B) An amount equal to the amount of tax imposed by
this Act to the extent deducted from gross income for
the taxable year;
(C) The amount of deductions allowed to the
partnership pursuant to Section 707 (c) of the
Internal Revenue Code in calculating its taxable
income;
(D) An amount equal to the amount of the capital
gain deduction allowable under the Internal Revenue
Code, to the extent deducted from gross income in the
computation of taxable income;
(D-5) For taxable years 2001 and thereafter, an
amount equal to the bonus depreciation deduction taken
on the taxpayer's federal income tax return for the

taxable year under subsection (k) of Section 168 of
the Internal Revenue Code;
(D-6) If the taxpayer sells, transfers, abandons,
or otherwise disposes of property for which the
taxpayer was required in any taxable year to make an
addition modification under subparagraph (D-5), then
an amount equal to the aggregate amount of the
deductions taken in all taxable years under
subparagraph (O) with respect to that property.
If the taxpayer continues to own property through
the last day of the last tax year for which the
taxpayer may claim a depreciation deduction for
federal income tax purposes and for which the taxpayer
was allowed in any taxable year to make a subtraction
modification under subparagraph (O), then an amount
equal to that subtraction modification.
The taxpayer is required to make the addition
modification under this subparagraph only once with
respect to any one piece of property;
(D-7) An amount equal to the amount otherwise
allowed as a deduction in computing base income for
interest paid, accrued, or incurred, directly or
indirectly, (i) for taxable years ending on or after
December 31, 2004, to a foreign person who would be a
member of the same unitary business group but for the
fact the foreign person's business activity outside

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

with respect to such interest; or
(ii) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person if
the taxpayer can establish, based on a
preponderance of the evidence, both of the
following:
(a) the person, during the same taxable
year, paid, accrued, or incurred, the interest
to a person that is not a related member, and
(b) the transaction giving rise to the
interest expense between the taxpayer and the
person did not have as a principal purpose the
avoidance of Illinois income tax, and is paid
pursuant to a contract or agreement that
reflects an arm's-length interest rate and
terms; or
(iii) the taxpayer can establish, based on
clear and convincing evidence, that the interest
paid, accrued, or incurred relates to a contract
or agreement entered into at arm's-length rates
and terms and the principal purpose for the
payment is not federal or Illinois tax avoidance;
or
(iv) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person if
the taxpayer establishes by clear and convincing

evidence that the adjustments are unreasonable; or
if the taxpayer and the Director agree in writing
to the application or use of an alternative method
of apportionment under Section 304(f).
Nothing in this subsection shall preclude the
Director from making any other adjustment
otherwise allowed under Section 404 of this Act
for any tax year beginning after the effective
date of this amendment provided such adjustment is
made pursuant to regulation adopted by the
Department and such regulations provide methods
and standards by which the Department will utilize
its authority under Section 404 of this Act; and
(D-8) An amount equal to the amount of intangible
expenses and costs otherwise allowed as a deduction in
computing base income, and that were paid, accrued, or
incurred, directly or indirectly, (i) for taxable
years ending on or after December 31, 2004, to a
foreign person who would be a member of the same
unitary business group but for the fact that the
foreign person's business activity outside the United
States is 80% or more of that person's total business
activity and (ii) for taxable years ending on or after
December 31, 2008, to a person who would be a member of
the same unitary business group but for the fact that
the person is prohibited under Section 1501(a)(27)

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

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

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

paid, accrued, or incurred, directly or indirectly, to
a person who would be a member of the same unitary
business group but for the fact that the person is
prohibited under Section 1501(a)(27) from being
included in the unitary business group because he or
she is ordinarily required to apportion business
income under different subsections of Section 304. The
addition modification required by this subparagraph
shall be reduced to the extent that dividends were
included in base income of the unitary group for the
same taxable year and received by the taxpayer or by a
member of the taxpayer's unitary business group
(including amounts included in gross income under
Sections 951 through 964 of the Internal Revenue Code
and amounts included in gross income under Section 78
of the Internal Revenue Code) with respect to the
stock of the same person to whom the premiums and costs
were directly or indirectly paid, incurred, or
accrued. The preceding sentence does not apply to the
extent that the same dividends caused a reduction to
the addition modification required under Section
203(d)(2)(D-7) or Section 203(d)(2)(D-8) of this Act;
(D-10) An amount equal to the credit allowable to
the taxpayer under Section 218(a) of this Act,
determined without regard to Section 218(c) of this
Act;

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

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

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

(O) For taxable years 2001 and thereafter, for the
taxable year in which the bonus depreciation deduction
is taken on the taxpayer's federal income tax return
under subsection (k) of Section 168 of the Internal
Revenue Code and for each applicable taxable year
thereafter, an amount equal to "x", where:
(1) "y" equals the amount of the depreciation
deduction taken for the taxable year on the
taxpayer's federal income tax return on property
for which the bonus depreciation deduction was
taken in any year under subsection (k) of Section
168 of the Internal Revenue Code, but not
including the bonus depreciation deduction;
(2) for taxable years ending on or before
December 31, 2005, "x" equals "y" multiplied by 30
and then divided by 70 (or "y" multiplied by
0.429); and
(3) for taxable years ending after December
31, 2005:
(i) for property on which a bonus
depreciation deduction of 30% of the adjusted
basis was taken, "x" equals "y" multiplied by
30 and then divided by 70 (or "y" multiplied
by 0.429); and
(ii) for property on which a bonus
depreciation deduction of 50% of the adjusted

basis was taken, "x" equals "y" multiplied by
1.0.
The aggregate amount deducted under this
subparagraph in all taxable years for any one piece of
property may not exceed the amount of the bonus
depreciation deduction taken on that property on the
taxpayer's federal income tax return under subsection
(k) of Section 168 of the Internal Revenue Code. This
subparagraph (O) is exempt from the provisions of
Section 250;
(P) If the taxpayer sells, transfers, abandons, or
otherwise disposes of property for which the taxpayer
was required in any taxable year to make an addition
modification under subparagraph (D-5), then an amount
equal to that addition modification.
If the taxpayer continues to own property through
the last day of the last tax year for which the
taxpayer may claim a depreciation deduction for
federal income tax purposes and for which the taxpayer
was required in any taxable year to make an addition
modification under subparagraph (D-5), then an amount
equal to that addition modification.
The taxpayer is allowed to take the deduction
under this subparagraph only once with respect to any
one piece of property.
This subparagraph (P) is exempt from the

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

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

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

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

taxable income less than zero (net operating loss) is
applied under Section 172 of the Internal Revenue Code or
under subparagraph (E) of paragraph (2) of this subsection
(e) applied in conjunction with Section 172 of the
Internal Revenue Code.
(2) Special rule. For purposes of paragraph (1) of
this subsection, the taxable income properly reportable
for federal income tax purposes shall mean:
(A) Certain life insurance companies. In the case
of a life insurance company subject to the tax imposed
by Section 801 of the Internal Revenue Code, life
insurance company taxable income, plus the amount of
distribution from pre-1984 policyholder surplus
accounts as calculated under Section 815a of the
Internal Revenue Code;
(B) Certain other insurance companies. In the case
of mutual insurance companies subject to the tax
imposed by Section 831 of the Internal Revenue Code,
insurance company taxable income;
(C) Regulated investment companies. In the case of
a regulated investment company subject to the tax
imposed by Section 852 of the Internal Revenue Code,
investment company taxable income;
(D) Real estate investment trusts. In the case of
a real estate investment trust subject to the tax
imposed by Section 857 of the Internal Revenue Code,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

taxable year.
(B) Property owned by the person is valued at its
original cost. Property rented by the person is valued at
8 times the net annual rental rate. Net annual rental rate
is the annual rental rate paid by the person less any
annual rental rate received by the person from
sub-rentals.
(C) The average value of property shall be determined
by averaging the values at the beginning and ending of the
taxable year but the Director may require the averaging of
monthly values during the taxable year if reasonably
required to reflect properly the average value of the
person's property.
(2) Payroll factor.
(A) The payroll factor is a fraction, the numerator of
which is the total amount paid in this State during the
taxable year by the person for compensation, and the
denominator of which is the total compensation paid
everywhere during the taxable year.
(B) Compensation is paid in this State if:
(i) The individual's service is performed entirely
within this State;
(ii) The individual's service is performed both
within and without this State, but the service
performed without this State is incidental to the
individual's service performed within this State; or

(iii) For tax years ending prior to December 31,
2020, some of the service is performed within this
State and either the base of operations, or if there is
no base of operations, the place from which the
service is directed or controlled is within this
State, or the base of operations or the place from
which the service is directed or controlled is not in
any state in which some part of the service is
performed, but the individual's residence is in this
State. For tax years ending on or after December 31,
2020, compensation is paid in this State if some of the
individual's service is performed within this State,
the individual's service performed within this State
is nonincidental to the individual's service performed
without this State, and the individual's service is
performed within this State for more than 30 working
days during the tax year. The amount of compensation
paid in this State shall include the portion of the
individual's total compensation for services performed
on behalf of his or her employer during the tax year
which the number of working days spent within this
State during the tax year bears to the total number of
working days spent both within and without this State
during the tax year. For purposes of this paragraph:
(a) The term "working day" means all days
during the tax year in which the individual

performs duties on behalf of his or her employer.
All days in which the individual performs no
duties on behalf of his or her employer (e.g.,
weekends, vacation days, sick days, and holidays)
are not working days.
(b) A working day is spent within this State
if:
(1) the individual performs service on
behalf of the employer and a greater amount of
time on that day is spent by the individual
performing duties on behalf of the employer
within this State, without regard to time
spent traveling, than is spent performing
duties on behalf of the employer without this
State; or
(2) the only service the individual
performs on behalf of the employer on that day
is traveling to a destination within this
State, and the individual arrives on that day.
(c) Working days spent within this State do
not include any day in which the employee is
performing services in this State during a
disaster period solely in response to a request
made to his or her employer by the government of
this State, by any political subdivision of this
State, or by a person conducting business in this

State to perform disaster or emergency-related
services in this State. For purposes of this item
(c):
"Declared State disaster or emergency"
means a disaster or emergency event (i) for
which a Governor's proclamation of a state of
emergency has been issued or (ii) for which a
Presidential declaration of a federal major
disaster or emergency has been issued.
"Disaster period" means a period that
begins 10 days prior to the date of the
Governor's proclamation or the President's
declaration (whichever is earlier) and extends
for a period of 60 calendar days after the end
of the declared disaster or emergency period.
"Disaster or emergency-related services"
means repairing, renovating, installing,
building, or rendering services or conducting
other business activities that relate to
infrastructure that has been damaged,
impaired, or destroyed by the declared State
disaster or emergency.
"Infrastructure" means property and
equipment owned or used by a public utility,
communications network, broadband and internet
service provider, cable and video service

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

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

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

this period shall end on the day that person
leaves the team. Where a person switches teams
during a taxable year, a separate duty-day
calculation shall be made for the period the
person was with each team.
(D) Days for which a member of a
professional athletic team is not compensated
and is not performing services for the team in
any manner, including days when such member of
a professional athletic team has been
suspended without pay and prohibited from
performing any services for the team, shall
not be treated as duty days.
(E) Days for which a member of a
professional athletic team is on the disabled
list and does not conduct rehabilitation
activities at facilities of the team, and is
not otherwise performing services for the team
in Illinois, shall not be considered duty days
spent in this State. All days on the disabled
list, however, are considered to be included
in total duty days spent both within and
without this State.
(4) The term "total compensation for services
performed as a member of a professional athletic
team" means the total compensation received during

the taxable year for services performed:
(A) from the beginning of the official
pre-season training period through the last
game in which the team competes or is
scheduled to compete during that taxable year;
and
(B) during the taxable year on a date
which does not fall within the foregoing
period (e.g., participation in instructional
leagues, the "All Star Game", or promotional
caravans).
This compensation shall include, but is not
limited to, salaries, wages, bonuses as described
in this subpart, and any other type of
compensation paid during the taxable year to a
member of a professional athletic team for
services performed in that year. This compensation
does not include strike benefits, severance pay,
termination pay, contract or option year buy-out
payments, expansion or relocation payments, or any
other payments not related to services performed
for the team.
For purposes of this subparagraph, "bonuses"
included in "total compensation for services
performed as a member of a professional athletic
team" subject to the allocation described in

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(B-8) Gross receipts from winnings under the Illinois
Lottery Law from the assignment of a prize under Section
13.1 of the Illinois Lottery Law are received in this
State. This paragraph (B-8) applies only to taxable years
ending on or after December 31, 2013.
(B-9) For taxable years ending on or after December
31, 2019, gross receipts from winnings from pari-mutuel
wagering conducted at a wagering facility licensed under
the Illinois Horse Racing Act of 1975 or from winnings
from gambling games conducted on a riverboat or in a
casino or organization gaming facility licensed under the
Illinois Gambling Act are in this State.
(C) For taxable years ending before December 31, 2008,
sales, other than sales governed by paragraphs (B), (B-1),
(B-2), and (B-8) are in this State if:
(i) The income-producing activity is performed in
this State; or
(ii) The income-producing activity is performed
both within and without this State and a greater
proportion of the income-producing activity is
performed within this State than without this State,
based on performance costs.
(C-5) For taxable years ending on or after December
31, 2008, sales, other than sales governed by paragraphs
(B), (B-1), (B-2), (B-5), and (B-7), are in this State if
any of the following criteria are met:

(i) Sales from the sale or lease of real property
are in this State if the property is located in this
State.
(ii) Sales from the lease or rental of tangible
personal property are in this State if the property is
located in this State during the rental period. Sales
from the lease or rental of tangible personal property
that is characteristically moving property, including,
but not limited to, motor vehicles, rolling stock,
aircraft, vessels, or mobile equipment are in this
State to the extent that the property is used in this
State.
(iii) In the case of interest, net gains (but not
less than zero) and other items of income from
intangible personal property, the sale is in this
State if:
(a) in the case of a taxpayer who is a dealer
in the item of intangible personal property within
the meaning of Section 475 of the Internal Revenue
Code, the income or gain is received from a
customer in this State. For purposes of this
subparagraph, a customer is in this State if the
customer is an individual, trust or estate who is
a resident of this State and, for all other
customers, if the customer's commercial domicile
is in this State. Unless the dealer has actual

knowledge of the residence or commercial domicile
of a customer during a taxable year, the customer
shall be deemed to be a customer in this State if
the billing address of the customer, as shown in
the records of the dealer, is in this State; or
(b) in all other cases, if the
income-producing activity of the taxpayer is
performed in this State or, if the
income-producing activity of the taxpayer is
performed both within and without this State, if a
greater proportion of the income-producing
activity of the taxpayer is performed within this
State than in any other state, based on
performance costs.
(iv) Sales of services are in this State if the
services are received in this State. For the purposes
of this section, gross receipts from the performance
of services provided to a corporation, partnership, or
trust may only be attributed to a state where that
corporation, partnership, or trust has a fixed place
of business. If the state where the services are
received is not readily determinable or is a state
where the corporation, partnership, or trust receiving
the service does not have a fixed place of business,
the services shall be deemed to be received at the
location of the office of the customer from which the

services were ordered in the regular course of the
customer's trade or business. If the ordering office
cannot be determined, the services shall be deemed to
be received at the office of the customer to which the
services are billed. If the taxpayer is not taxable in
the state in which the services are received, the sale
must be excluded from both the numerator and the
denominator of the sales factor. The Department shall
adopt rules prescribing where specific types of
service are received, including, but not limited to,
publishing, and utility service.
(D) For taxable years ending on or after December 31,
1995, the following items of income shall not be included
in the numerator or denominator of the sales factor:
dividends; amounts included under Section 78 of the
Internal Revenue Code; and Subpart F income as defined in
Section 952 of the Internal Revenue Code. No inference
shall be drawn from the enactment of this paragraph (D) in
construing this Section for taxable years ending before
December 31, 1995.
(E) Paragraphs (B-1) and (B-2) shall apply to tax
years ending on or after December 31, 1999, provided that
a taxpayer may elect to apply the provisions of these
paragraphs to prior tax years. Such election shall be made
in the form and manner prescribed by the Department, shall
be irrevocable, and shall apply to all tax years; provided

that, if a taxpayer's Illinois income tax liability for
any tax year, as assessed under Section 903 prior to
January 1, 1999, was computed in a manner contrary to the
provisions of paragraphs (B-1) or (B-2), no refund shall
be payable to the taxpayer for that tax year to the extent
such refund is the result of applying the provisions of
paragraph (B-1) or (B-2) retroactively. In the case of a
unitary business group, such election shall apply to all
members of such group for every tax year such group is in
existence, but shall not apply to any taxpayer for any
period during which that taxpayer is not a member of such
group.
(b) Insurance companies.
(1) In general. Except as otherwise provided by
paragraph (2), business income of an insurance company for
a taxable year shall be apportioned to this State by
multiplying such income by a fraction, the numerator of
which is the direct premiums written for insurance upon
property or risk in this State, and the denominator of
which is the direct premiums written for insurance upon
property or risk everywhere. For purposes of this
subsection, the term "direct premiums written" means the
total amount of direct premiums written, assessments and
annuity considerations as reported for the taxable year on
the annual statement filed by the company with the
Illinois Director of Insurance in the form approved by the

National Convention of Insurance Commissioners or such
other form as may be prescribed in lieu thereof.
(2) Reinsurance. If the principal source of premiums
written by an insurance company consists of premiums for
reinsurance accepted by it, the business income of such
company shall be apportioned to this State by multiplying
such income by a fraction, the numerator of which is the
sum of (i) direct premiums written for insurance upon
property or risk in this State, plus (ii) premiums written
for reinsurance accepted in respect of property or risk in
this State, and the denominator of which is the sum of
(iii) direct premiums written for insurance upon property
or risk everywhere, plus (iv) premiums written for
reinsurance accepted in respect of property or risk
everywhere. For purposes of this paragraph, premiums
written for reinsurance accepted in respect of property or
risk in this State, whether or not otherwise determinable,
may, at the election of the company, be determined on the
basis of the proportion which premiums written for
reinsurance accepted from companies commercially domiciled
in Illinois bears to premiums written for reinsurance
accepted from all sources, or, alternatively, in the
proportion which the sum of the direct premiums written
for insurance upon property or risk in this State by each
ceding company from which reinsurance is accepted bears to
the sum of the total direct premiums written by each such

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

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

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

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

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

disposition, and other receipts from consumer loans
that are not secured by real or tangible personal
property are from sources in this State if the debtor
is a resident of this State.
(iv) Interest income, commissions, fees, gains on
disposition, and other receipts from commercial loans
and installment obligations that are not secured by
real or tangible personal property are from sources in
this State if the proceeds of the loan are to be
applied in this State. If it cannot be determined
where the funds are to be applied, the income and
receipts are from sources in this State if the office
of the borrower from which the loan was negotiated in
the regular course of business is located in this
State. If the location of this office cannot be
determined, the income and receipts shall be excluded
from the numerator and denominator of the sales
factor.
(v) Interest income, fees, gains on disposition,
service charges, merchant discount income, and other
receipts from credit card receivables are from sources
in this State if the card charges are regularly billed
to a customer in this State.
(vi) Receipts from the performance of services,
including, but not limited to, fiduciary, advisory,
and brokerage services, are in this State if the

services are received in this State within the meaning
of subparagraph (a)(3)(C-5)(iv) of this Section.
(vii) Receipts from the issuance of travelers
checks and money orders are from sources in this State
if the checks and money orders are issued from a
location within this State.
(viii) Receipts from investment assets and
activities and trading assets and activities are
included in the receipts factor as follows:
(1) Interest, dividends, net gains (but not
less than zero) and other income from investment
assets and activities from trading assets and
activities shall be included in the receipts
factor. Investment assets and activities and
trading assets and activities include, but are not
limited to: investment securities; trading account
assets; federal funds; securities purchased and
sold under agreements to resell or repurchase;
options; futures contracts; forward contracts;
notional principal contracts such as swaps;
equities; and foreign currency transactions. With
respect to the investment and trading assets and
activities described in subparagraphs (A) and (B)
of this paragraph, the receipts factor shall
include the amounts described in such
subparagraphs.

(A) The receipts factor shall include the
amount by which interest from federal funds
sold and securities purchased under resale
agreements exceeds interest expense on federal
funds purchased and securities sold under
repurchase agreements.
(B) The receipts factor shall include the
amount by which interest, dividends, gains and
other income from trading assets and
activities, including, but not limited to,
assets and activities in the matched book, in
the arbitrage book, and foreign currency
transactions, exceed amounts paid in lieu of
interest, amounts paid in lieu of dividends,
and losses from such assets and activities.
(2) The numerator of the receipts factor
includes interest, dividends, net gains (but not
less than zero), and other income from investment
assets and activities and from trading assets and
activities described in paragraph (1) of this
subsection that are attributable to this State.
(A) The amount of interest, dividends, net
gains (but not less than zero), and other
income from investment assets and activities
in the investment account to be attributed to
this State and included in the numerator is

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

assets and activities in the matched book, in
the arbitrage book and foreign currency
transactions (but excluding amounts described
in subparagraphs (A) or (B) of this
paragraph), attributable to this State and
included in the numerator is determined by
multiplying the amount described in
subparagraph (B) of paragraph (1) of this
subsection by a fraction, the numerator of
which is the gross income from such trading
assets and activities which are properly
assigned to a fixed place of business of the
taxpayer within this State and the denominator
of which is the gross income from all such
assets and activities.
(D) Properly assigned, for purposes of
this paragraph (2) of this subsection, means
the investment or trading asset or activity is
assigned to the fixed place of business with
which it has a preponderance of substantive
contacts. An investment or trading asset or
activity assigned by the taxpayer to a fixed
place of business without the State shall be
presumed to have been properly assigned if:
(i) the taxpayer has assigned, in the
regular course of its business, such asset

or activity on its records to a fixed
place of business consistent with federal
or state regulatory requirements;
(ii) such assignment on its records is
based upon substantive contacts of the
asset or activity to such fixed place of
business; and
(iii) the taxpayer uses such records
reflecting assignment of such assets or
activities for the filing of all state and
local tax returns for which an assignment
of such assets or activities to a fixed
place of business is required.
(E) The presumption of proper assignment
of an investment or trading asset or activity
provided in subparagraph (D) of paragraph (2)
of this subsection may be rebutted upon a
showing by the Department, supported by a
preponderance of the evidence, that the
preponderance of substantive contacts
regarding such asset or activity did not occur
at the fixed place of business to which it was
assigned on the taxpayer's records. If the
fixed place of business that has a
preponderance of substantive contacts cannot
be determined for an investment or trading

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

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

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

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

2008, business income derived from providing
transportation services other than airline services shall
be apportioned to this State by using a fraction, (a) the
numerator of which shall be (i) all receipts from any
movement or shipment of people, goods, mail, oil, gas, or
any other substance (other than by airline) that both
originates and terminates in this State, plus (ii) that
portion of the person's gross receipts from movements or
shipments of people, goods, mail, oil, gas, or any other
substance (other than by airline) that originates in one
state or jurisdiction and terminates in another state or
jurisdiction, that is determined by the ratio that the
miles traveled in this State bears to total miles
everywhere and (b) the denominator of which shall be all
revenue derived from the movement or shipment of people,
goods, mail, oil, gas, or any other substance (other than
by airline). Where a taxpayer is engaged in the
transportation of both passengers and freight, the
fraction above referred to shall first be determined
separately for passenger miles and freight miles. Then an
average of the passenger miles fraction and the freight
miles fraction shall be weighted to reflect the
taxpayer's:
(A) relative railway operating income from total
passenger and total freight service, as reported to
the Surface Transportation Board, in the case of

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

approved by the Department after January 1, 2005, the
applicant shall receive an enhanced credit of 10% in
addition to the 25% credit; and
(2) for an accredited production commencing on or
after May 1, 2006, the amount equal to:
(i) 20% of the Illinois production spending for
the taxable year; plus
(ii) 15% of the Illinois labor expenditures
generated by the employment of residents of geographic
areas of high poverty or high unemployment, as
determined by the Department; and
(3) for an accredited production commencing on or
after January 1, 2009, the amount equal to:
(i) 30% of the Illinois production spending for
the taxable year; plus
(ii) 15% of the Illinois labor expenditures
generated by the employment of residents of geographic
areas of high poverty or high unemployment, as
determined by the Department.
"Department" means the Department of Commerce and Economic
Opportunity.
"Director" means the Director of Commerce and Economic
Opportunity.
"Illinois labor expenditure" means salary or wages paid to
employees of the applicant for services on the accredited
production. ;

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

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

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

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

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

of this Section, then that trailer, semitrailer, or pole
trailer qualifies as rolling stock moving in interstate
commerce under this subsection.
(2) If a trailer, semitrailer, or pole trailer is
dedicated to a group of motor vehicles that all qualify as
rolling stock moving in interstate commerce under
subsection (c) of this Section, then that trailer,
semitrailer, or pole trailer qualifies as rolling stock
moving in interstate commerce under this subsection.
(3) If one or more trailers, semitrailers, or pole
trailers are dedicated to a group of motor vehicles and
not all of those motor vehicles in that group qualify as
rolling stock moving in interstate commerce under
subsection (c) of this Section, then the percentage of
those trailers, semitrailers, or pole trailers that
qualifies as rolling stock moving in interstate commerce
under this subsection is equal to the percentage of those
motor vehicles in that group that qualify as rolling stock
moving in interstate commerce under subsection (c) of this
Section to which those trailers, semitrailers, or pole
trailers are dedicated. However, to determine the
qualification for the exemption provided under this item
(3), the mathematical application of the qualifying
percentage to one or more trailers, semitrailers, or pole
trailers under this subpart shall not be allowed as to any
fraction of a trailer, semitrailer, or pole trailer.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

date on which the referendum making this Law applicable to the
taxing district is held; (d) made for any taxing district to
pay interest or principal on bonds issued to refund or
continue to refund bonds issued after the date on which the
referendum making this Law applicable to the taxing district
is held if the bonds were approved by referendum after the date
on which the referendum making this Law applicable to the
taxing district is held; (e) made for any taxing district to
pay interest or principal on revenue bonds issued before the
date on which the referendum making this Law applicable to the
taxing district is held for payment of which a property tax
levy or the full faith and credit of the unit of local
government is pledged; however, a tax for the payment of
interest or principal on those bonds shall be made only after
the governing body of the unit of local government finds that
all other sources for payment are insufficient to make those
payments; (f) made for payments under a building commission
lease when the lease payments are for the retirement of bonds
issued by the commission before the date on which the
referendum making this Law applicable to the taxing district
is held to pay for the building project; (g) made for payments
due under installment contracts entered into before the date
on which the referendum making this Law applicable to the
taxing district is held; (h) made for payments of principal
and interest on limited bonds, as defined in Section 3 of the
Local Government Debt Reform Act, in an amount not to exceed

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

excluding special purpose extensions: (a) made for the taxing
district to pay interest or principal on general obligation
bonds that were approved by referendum; (b) made for any
taxing district to pay interest or principal on general
obligation bonds issued before March 7, 1997 (the effective
date of Public Act 89-718) this amendatory Act of 1997; (c)
made for any taxing district to pay interest or principal on
bonds issued to refund or continue to refund those bonds
issued before March 7, 1997 (the effective date of Public Act
89-718) this amendatory Act of 1997; (d) made for any taxing
district to pay interest or principal on bonds issued to
refund or continue to refund bonds issued after March 7, 1997
(the effective date of Public Act 89-718) this amendatory Act
of 1997 if the bonds were approved by referendum after March 7,
1997 (the effective date of Public Act 89-718) this amendatory
Act of 1997; (e) made for any taxing district to pay interest
or principal on revenue bonds issued before March 7, 1997 (the
effective date of Public Act 89-718) this amendatory Act of
1997 for payment of which a property tax levy or the full faith
and credit of the unit of local government is pledged;
however, a tax for the payment of interest or principal on
those bonds shall be made only after the governing body of the
unit of local government finds that all other sources for
payment are insufficient to make those payments; (f) made for
payments under a building commission lease when the lease
payments are for the retirement of bonds issued by the

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

"Debt service extension base" means an amount equal to
that portion of the extension for a taxing district for the
1994 levy year, or for those taxing districts subject to this
Law in accordance with Section 18-213, except for those
subject to paragraph (2) of subsection (e) of Section 18-213,
for the levy year in which the referendum making this Law
applicable to the taxing district is held, or for those taxing
districts subject to this Law in accordance with paragraph (2)
of subsection (e) of Section 18-213 for the 1996 levy year,
constituting an extension for payment of principal and
interest on bonds issued by the taxing district without
referendum, but not including excluded non-referendum bonds.
For park districts (i) that were first subject to this Law in
1991 or 1995 and (ii) whose extension for the 1994 levy year
for the payment of principal and interest on bonds issued by
the park district without referendum (but not including
excluded non-referendum bonds) was less than 51% of the amount
for the 1991 levy year constituting an extension for payment
of principal and interest on bonds issued by the park district
without referendum (but not including excluded non-referendum
bonds), "debt service extension base" means an amount equal to
that portion of the extension for the 1991 levy year
constituting an extension for payment of principal and
interest on bonds issued by the park district without
referendum (but not including excluded non-referendum bonds).
A debt service extension base established or increased at any

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

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

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

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

previously established under the Industrial Jobs Recovery Law
in the Illinois Municipal Code, or previously established
under the Economic Development Area Tax Increment Allocation
Act, by an amount equal to the 1994 equalized assessed value of
each taxable lot, block, tract, or parcel of real property in
the redevelopment project area over and above the initial
equalized assessed value of each property in the redevelopment
project area. In the first year after a municipality removes a
taxable lot, block, tract, or parcel of real property from a
redevelopment project area established under the Tax Increment
Allocation Redevelopment Development Act in the Illinois
Municipal Code, the Industrial Jobs Recovery Law in the
Illinois Municipal Code, or the Economic Development Area Tax
Increment Allocation Act, "recovered tax increment value"
means the amount of the current year's equalized assessed
value of each taxable lot, block, tract, or parcel of real
property removed from the redevelopment project area over and
above the initial equalized assessed value of that real
property before removal from the redevelopment project area.
Except as otherwise provided in this Section, "limiting
rate" means a fraction the numerator of which is the last
preceding aggregate extension base times an amount equal to
one plus the extension limitation defined in this Section and
the denominator of which is the current year's equalized
assessed value of all real property in the territory under the
jurisdiction of the taxing district during the prior levy

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

proper compliance with this Section and shall qualify such
road district for an allotment under this Section. Beginning
in 2011 and thereafter, if any road district has levied a
special tax for road purposes under Sections 6-601, 6-602, and
6-603 of the Illinois Highway Code, and the tax was levied in
an amount that would require extension at a rate of not less
than 0.08% of the value of the taxable property of that road
district, as equalized or assessed by the Department of
Revenue or, in DuPage County, an amount equal to or greater
than $12,000 per mile of road under the jurisdiction of the
road district, whichever is less, that levy shall be deemed a
proper compliance with this Section and shall qualify such
road district for a full, rather than proportionate, allotment
under this Section. If the levy for the special tax is less
than 0.08% of the value of the taxable property, or, in DuPage
County if the levy for the special tax is less than the lesser
of (i) 0.08% or (ii) $12,000 per mile of road under the
jurisdiction of the road district, and if the levy for the
special tax is more than any other levy for road and bridge
purposes, then the levy for the special tax qualifies the road
district for a proportionate, rather than full, allotment
under this Section. If the levy for the special tax is equal to
or less than any other levy for road and bridge purposes, then
any allotment under this Section shall be determined by the
other levy for road and bridge purposes.
Prior to 2011, if a township has transferred to the road

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

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

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

(40 ILCS 5/4-117) (from Ch. 108 1/2, par. 4-117)
Sec. 4-117. Reentry into active service.
(a) If a firefighter receiving pension payments reenters
active service, pension payments shall be suspended while he
or she is in service. If the firefighter again retires or is
discharged, his or her monthly pension shall be resumed in the
same amount as was paid upon first retirement or discharge
unless he or she remained in active service 3 or more years
after re-entry in which case the monthly pension shall be
based on the salary attached to the firefighter's rank at the
date of last retirement.
(b) If a deferred pensioner re-enters active service, and
again retires or is discharged from the fire service, his or
her pension shall be based on the salary attached to the rank
held in the fire service at the date of earlier retirement,
unless the firefighter remains in active service for 3 or more
years after re-entry, in which case the monthly pension shall
be based on the salary attached to the firefighter's rank at
the date of last retirement.
(c) If a pensioner or deferred pensioner re-enters or is
recalled to active service and is thereafter injured, and the
injury is not related to an injury for which he or she was
previously receiving a disability pension, the 3-year 3 year
service requirement shall not apply in order for the
firefighter to qualify for the increased pension based on the

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

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

employed and transmit a certified copy of that report to the
primary employer's pension fund and the secondary employee
firefighter no later than 30 days after the end of any fiscal
year in which wages were paid to the secondary employee
firefighters.
Nothing in this Section shall be construed to allow a
secondary employee to qualify for benefits or creditable
service for employment as a firefighter for a secondary
employer.
(a-5) For purposes of determining the required employer
contribution to a pension fund, the value of the pension
fund's assets shall be equal to the actuarial value of the
pension fund's assets, which shall be calculated as follows:
(1) On March 30, 2011, the actuarial value of a
pension fund's assets shall be equal to the market value
of the assets as of that date.
(2) In determining the actuarial value of the pension
fund's assets for fiscal years after March 30, 2011, any
actuarial gains or losses from investment return incurred
in a fiscal year shall be recognized in equal annual
amounts over the 5-year period following that fiscal year.
(b) The tax shall be levied and collected in the same
manner as the general taxes of the municipality, and shall be
in addition to all other taxes now or hereafter authorized to
be levied upon all property within the municipality, and in
addition to the amount authorized to be levied for general

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

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

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

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

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

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

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

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

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

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

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

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

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

affected municipalities as soon as may be practical. The
employer contributions required under this subsection shall be
remitted by the municipality to the System at the same time and
in the same manner as employee contributions.
(c) Through State fiscal year 1995: The total employer
contribution shall be apportioned among the various funds of
the State and other employers, whether trust, federal, or
other funds, in accordance with actuarial procedures approved
by the Board. State of Illinois contributions for employers
receiving State appropriations for personal services shall be
payable from appropriations made to the employers or to the
System. The contributions for Class I community colleges
covering earnings other than those paid from trust and federal
funds, shall be payable solely from appropriations to the
Illinois Community College Board or the System for employer
contributions.
(d) Beginning in State fiscal year 1996, the required
State contributions to the System shall be appropriated
directly to the System and shall be payable through vouchers
issued in accordance with subsection (c) of Section 15-165,
except as provided in subsection (g).
(e) The State Comptroller shall draw warrants payable to
the System upon proper certification by the System or by the
employer in accordance with the appropriation laws and this
Code.
(f) Normal costs under this Section means liability for

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2006
is $534,627,700.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2007
is $738,014,500.
For each of State fiscal years 2008 through 2009, the
State contribution to the System, as a percentage of the
applicable employee payroll, shall be increased in equal
annual increments from the required State contribution for
State fiscal year 2007, so that by State fiscal year 2011, the
State is contributing at the rate otherwise required under
this Section.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2010
is $2,089,268,000 and shall be made from the proceeds of bonds
sold in fiscal year 2010 pursuant to Section 7.2 of the General
Obligation Bond Act, less (i) the pro rata share of bond sale
expenses determined by the System's share of total bond
proceeds, (ii) any amounts received from the Common School
Fund in fiscal year 2010, and (iii) any reduction in bond
proceeds due to the issuance of discounted bonds, if
applicable.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2011
is the amount recertified by the System on or before April 1,

2011 pursuant to subsection (a-1) of this Section and shall be
made from the proceeds of bonds sold in fiscal year 2011
pursuant to Section 7.2 of the General Obligation Bond Act,
less (i) the pro rata share of bond sale expenses determined by
the System's share of total bond proceeds, (ii) any amounts
received from the Common School Fund in fiscal year 2011, and
(iii) any reduction in bond proceeds due to the issuance of
discounted bonds, if applicable. This amount shall include, in
addition to the amount certified by the System, an amount
necessary to meet employer contributions required by the State
as an employer under paragraph (e) of this Section, which may
also be used by the System for contributions required by
paragraph (a) of Section 16-127.
Beginning in State fiscal year 2046, the minimum State
contribution for each fiscal year shall be the amount needed
to maintain the total assets of the System at 90% of the total
actuarial liabilities of the System.
Amounts received by the System pursuant to Section 25 of
the Budget Stabilization Act or Section 8.12 of the State
Finance Act in any fiscal year do not reduce and do not
constitute payment of any portion of the minimum State
contribution required under this Article in that fiscal year.
Such amounts shall not reduce, and shall not be included in the
calculation of, the required State contributions under this
Article in any future year until the System has reached a
funding ratio of at least 90%. A reference in this Article to

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

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

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

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

(e) Beginning July 1, 1998, every employer of a teacher
shall pay to the System an employer contribution computed as
follows:
(1) Beginning July 1, 1998 through June 30, 1999, the
employer contribution shall be equal to 0.3% of each
teacher's salary.
(2) Beginning July 1, 1999 and thereafter, the
employer contribution shall be equal to 0.58% of each
teacher's salary.
The school district or other employing unit may pay these
employer contributions out of any source of funding available
for that purpose and shall forward the contributions to the
System on the schedule established for the payment of member
contributions.
These employer contributions are intended to offset a
portion of the cost to the System of the increases in
retirement benefits resulting from Public Act 90-582.
Each employer of teachers is entitled to a credit against
the contributions required under this subsection (e) with
respect to salaries paid to teachers for the period January 1,
2002 through June 30, 2003, equal to the amount paid by that
employer under subsection (a-5) of Section 6.6 of the State
Employees Group Insurance Act of 1971 with respect to salaries
paid to teachers for that period.
The additional 1% employee contribution required under
Section 16-152 by Public Act 90-582 is the responsibility of

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

affairs or to act within traditional areas of municipal
activity, except as limited by the Illinois Constitution or a
proper limiting statute.
(b) It is the policy of this State that all powers granted,
either expressly or by necessary implication by any Illinois
statute or by the Illinois Constitution to any Library
District, its officers, employees and agents may be exercised
by any such Library District, its officers, agents and
employees notwithstanding effects on competition. It is the
intention of the General Assembly that the "State action
exemption" to the application of federal antitrust statutes be
fully available to any such Library District, its officers,
agents and employees to the extent they are exercising
authority pursuant to law.
(c) It is the policy of this State that all powers granted,
either expressly or by necessary implication by any Illinois
statute or by the Illinois Constitution to any Sanitary
District, its officers, employees and agents may be exercised
by any Sanitary District, its officers, agents and employees
notwithstanding effects on competition. It is the intention of
the General Assembly that the "State action exemption" to the
application of federal antitrust statutes be fully available
to any such Sanitary District, its officers, agents and
employees to the extent they are exercising authority pursuant
to law.
(d) It is the policy of this State that all powers granted,

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

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

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

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

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

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

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

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

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

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

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

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

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

b. Minimum courses of study, attendance requirements
and equipment requirements.
c. Minimum requirements for instructors.
d. Minimum basic training requirements, which a
probationary police officer must satisfactorily complete
before being eligible for permanent employment as a local
law enforcement officer for a participating local
governmental agency. Those requirements shall include
training in first aid (including cardiopulmonary
resuscitation).
e. Minimum basic training requirements, which a
probationary county corrections officer must
satisfactorily complete before being eligible for
permanent employment as a county corrections officer for a
participating local governmental agency.
f. Minimum basic training requirements which a
probationary court security officer must satisfactorily
complete before being eligible for permanent employment as
a court security officer for a participating local
governmental agency. The Board shall establish those
training requirements which it considers appropriate for
court security officers and shall certify schools to
conduct that training.
A person hired to serve as a court security officer
must obtain from the Board a certificate (i) attesting to
his or her successful completion of the training course;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

eligibles.
The sole authority to issue certificates of appointment
shall be vested in the board of fire and police commissioners.
All certificates of appointment issued to any officer or
member of an affected department shall be signed by the
chairperson and secretary, respectively, of the board upon
appointment of such officer or member to the affected
department by action of the board. After being selected from
the register of eligibles to fill a vacancy in the affected
department, each appointee shall be presented with his or her
certificate of appointment on the day on which he or she is
sworn in as a classified member of the affected department.
Firefighters who were not issued a certificate of appointment
when originally appointed shall be provided with a certificate
within 10 days after making a written request to the
chairperson of the board of fire and police commissioners.
Each person who accepts a certificate of appointment and
successfully completes his or her probationary period shall be
enrolled as a firefighter and as a regular member of the fire
department.
For the purposes of this Section, "firefighter" means any
person who has been prior to, on, or after August 4, 2011 (the
effective date of Public Act 97-251) this amendatory Act of
the 97th General Assembly appointed to a fire department or
fire protection district or employed by a State university and
sworn or commissioned to perform firefighter duties or

paramedic duties, or both, except that the following persons
are not included: part-time firefighters; auxiliary, reserve,
or voluntary firefighters, including paid-on-call
firefighters; clerks and dispatchers or other civilian
employees of a fire department or fire protection district who
are not routinely expected to perform firefighter duties; and
elected officials.
(c) Qualification for placement on register of eligibles.
The purpose of establishing a register of eligibles is to
identify applicants who possess and demonstrate the mental
aptitude and physical ability to perform the duties required
of members of the fire department in order to provide the
highest quality of service to the public. To this end, all
applicants for original appointment to an affected fire
department shall be subject to examination and testing which
shall be public, competitive, and open to all applicants
unless the municipality shall by ordinance limit applicants to
residents of the municipality, county or counties in which the
municipality is located, State, or nation. Any examination and
testing procedure utilized under subsection (e) of this
Section shall be supported by appropriate validation evidence
and shall comply with all applicable State and federal laws.
Municipalities may establish educational, emergency medical
service licensure, and other prerequisites prerequites for
participation in an examination or for hire as a firefighter.
Any municipality may charge a fee to cover the costs of the

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

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

In the event that any applicant who has been found
eligible for appointment and whose name has been placed upon
the final eligibility register provided for in this Section
has not been appointed to a firefighter position within one
year after the date of his or her physical ability
examination, the commission may cause a second examination to
be made of that applicant's physical ability prior to his or
her appointment. If, after the second examination, the
physical ability of the applicant shall be found to be less
than the minimum standard fixed by the rules of the
commission, the applicant shall not be appointed. The
applicant's name may be retained upon the register of
candidates eligible for appointment and when next reached for
certification and appointment that applicant may be again
examined as provided in this Section, and if the physical
ability of that applicant is found to be less than the minimum
standard fixed by the rules of the commission, the applicant
shall not be appointed, and the name of the applicant shall be
removed from the register.
(d) Notice, examination, and testing components. Notice of
the time, place, general scope, merit criteria for any
subjective component, and fee of every examination shall be
given by the commission, by a publication at least 2 weeks
preceding the examination: (i) in one or more newspapers
published in the municipality, or if no newspaper is published
therein, then in one or more newspapers with a general

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

provided for in Section 18-8.15 of the School Code, until
such time as all redevelopment project costs have been
paid as provided for in this Section.
Whenever a municipality issues bonds for the purpose
of financing redevelopment project costs, such
municipality may provide by ordinance for the appointment
of a trustee, which may be any trust company within the
State, and for the establishment of such funds or accounts
to be maintained by such trustee as the municipality shall
deem necessary to provide for the security and payment of
the bonds. If such municipality provides for the
appointment of a trustee, such trustee shall be considered
the assignee of any payments assigned by the municipality
pursuant to such ordinance and this Section. Any amounts
paid to such trustee as assignee shall be deposited in the
funds or accounts established pursuant to such trust
agreement, and shall be held by such trustee in trust for
the benefit of the holders of the bonds, and such holders
shall have a lien on and a security interest in such funds
or accounts so long as the bonds remain outstanding and
unpaid. Upon retirement of the bonds, the trustee shall
pay over any excess amounts held to the municipality for
deposit in the special tax allocation fund.
When such redevelopment projects costs, including,
without limitation, all municipal obligations financing
redevelopment project costs incurred under this Division,

have been paid, all surplus funds then remaining in the
special tax allocation fund shall be distributed by being
paid by the municipal treasurer to the Department of
Revenue, the municipality and the county collector; first
to the Department of Revenue and the municipality in
direct proportion to the tax incremental revenue received
from the State and the municipality, but not to exceed the
total incremental revenue received from the State or the
municipality less any annual surplus distribution of
incremental revenue previously made; with any remaining
funds to be paid to the County Collector who shall
immediately thereafter pay said funds to the taxing
districts in the redevelopment project area in the same
manner and proportion as the most recent distribution by
the county collector to the affected districts of real
property taxes from real property in the redevelopment
project area.
Upon the payment of all redevelopment project costs,
the retirement of obligations, the distribution of any
excess monies pursuant to this Section, and final closing
of the books and records of the redevelopment project
area, the municipality shall adopt an ordinance dissolving
the special tax allocation fund for the redevelopment
project area and terminating the designation of the
redevelopment project area as a redevelopment project
area. Title to real or personal property and public

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

property in that redevelopment project area by taxing
districts and tax rates determined in the manner provided
in paragraph (c) of Section 11-74.4-9 shall be divided as
follows:
(1) That portion of the taxes levied upon each
taxable lot, block, tract, or parcel of real property
which is attributable to the lower of (i) the current
equalized assessed value or "current equalized
assessed value as adjusted" or (ii) the initial
equalized assessed value of each such taxable lot,
block, tract, or parcel of real property existing at
the time tax increment financing was adopted, minus
the total current homestead exemptions under Article
15 of the Property Tax Code in the redevelopment
project area shall be allocated to and when collected
shall be paid by the county collector to the
respective affected taxing districts in the manner
required by law in the absence of the adoption of tax
increment allocation financing.
(2) That portion, if any, of such taxes which is
attributable to the increase in the current equalized
assessed valuation of each taxable lot, block, tract,
or parcel of real property in the redevelopment
project area, over and above the initial equalized
assessed value of each property existing at the time
tax increment financing was adopted, minus the total

current homestead exemptions pertaining to each piece
of property provided by Article 15 of the Property Tax
Code in the redevelopment project area, shall be
allocated to and when collected shall be paid by the
county collector as follows:
(A) First, that portion which would be payable
to a school district whose boundaries are
coterminous with such municipality in the absence
of the adoption of tax increment allocation
financing, shall be paid to such school district
in the manner required by law in the absence of the
adoption of tax increment allocation financing;
then
(B) 80% of the remaining portion shall be paid
to the municipal Treasurer, who shall deposit said
taxes into a special fund called the special tax
allocation fund of the municipality for the
purpose of paying redevelopment project costs and
obligations incurred in the payment thereof; and
then
(C) 20% of the remaining portion shall be paid
to the respective affected taxing districts, other
than the school district described in clause (a)
above, in the manner required by law in the
absence of the adoption of tax increment
allocation financing.

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

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

allocation fund of the municipality, from the taxes
collected from estimated bills issued for property in the
redevelopment project area, the difference between the
amount actually collected from each taxable lot, block,
tract, or parcel of real property within the redevelopment
project area and an amount determined by multiplying the
rate at which taxes were last extended against the taxable
lot, block, tract track, or parcel of real property in the
manner provided in subsection (b) of Section 11-74.6-40 by
the initial equalized assessed value or the updated
initial equalized assessed value of the property divided
by the number of installments in which real estate taxes
are billed and collected within the county, provided that
the payments on or before December 31, 1999 to a municipal
treasurer shall be made only if each of the following
conditions are met:
(A) The total equalized assessed value of the
redevelopment project area as last determined was not
less than 175% of the total initial equalized assessed
value.
(B) Not more than 50% of the total equalized
assessed value of the redevelopment project area as
last determined is attributable to a piece of property
assigned a single real estate index number.
(C) The municipal clerk has certified to the
county clerk that the municipality has issued its

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

financing for a redevelopment project area by ordinance and
the county clerk thereafter certifies the total initial
equalized assessed value or the total updated initial
equalized assessed value of the taxable real property within
such redevelopment project area in the manner provided in
paragraph (a) or (b) of Section 11-74.6-40, each year after
the date of the certification of the total initial equalized
assessed value or the total updated initial equalized assessed
value until redevelopment project costs and all municipal
obligations financing redevelopment project costs have been
paid, the ad valorem taxes, if any, arising from the levies
upon the taxable real property in the redevelopment project
area by taxing districts and tax rates determined in the
manner provided in paragraph (b) of Section 11-74.6-40 shall
be divided as follows:
(1) That portion of the taxes levied upon each taxable
lot, block, tract or parcel of real property that is
attributable to the lower of the current equalized
assessed value or the initial equalized assessed value, or
the updated initial equalized assessed value of each
parcel if the updated initial equalized assessed value of
that parcel has been certified in accordance with Section
11-74.6-40, whichever has been most recently certified, of
each taxable lot, block, tract, or parcel of real property
existing at the time tax increment allocation financing
was adopted in the redevelopment project area, shall be

allocated to and when collected shall be paid by the
county collector to the respective affected taxing
districts in the manner required by law without regard to
the adoption of tax increment allocation financing.
(2) That portion, if any, of those taxes that is
attributable to the increase in the current equalized
assessed value of each taxable lot, block, tract, or
parcel of real property in the redevelopment project area,
over and above the initial equalized assessed value of
each property existing at the time tax increment
allocation financing was adopted in the redevelopment
project area, or the updated initial equalized assessed
value of each parcel if the updated initial equalized
assessed value of that parcel has been certified in
accordance with Section 11-74.6-40, shall be allocated to
and when collected shall be paid to the municipal
treasurer, who shall deposit those taxes into a special
fund called the special tax allocation fund of the
municipality for the purpose of paying redevelopment
project costs and obligations incurred in the payment
thereof.
(d) The municipality may pledge in the ordinance the funds
in and to be deposited in the special tax allocation fund for
the payment of redevelopment project costs and obligations. No
part of the current equalized assessed value of each property
in the redevelopment project area attributable to any increase

above the total initial equalized assessed value or the total
initial updated equalized assessed value of the property,
shall be used in calculating the general State aid formula,
provided for in Section 18-8 of the School Code, or the
evidence-based funding formula, provided for in Section
18-8.15 of the School Code, until all redevelopment project
costs have been paid as provided for in this Section.
Whenever a municipality issues bonds for the purpose of
financing redevelopment project costs, that municipality may
provide by ordinance for the appointment of a trustee, which
may be any trust company within the State, and for the
establishment of any funds or accounts to be maintained by
that trustee, as the municipality deems necessary to provide
for the security and payment of the bonds. If the municipality
provides for the appointment of a trustee, the trustee shall
be considered the assignee of any payments assigned by the
municipality under that ordinance and this Section. Any
amounts paid to the trustee as assignee shall be deposited
into the funds or accounts established under the trust
agreement, and shall be held by the trustee in trust for the
benefit of the holders of the bonds. The holders of those bonds
shall have a lien on and a security interest in those funds or
accounts while the bonds remain outstanding and unpaid. Upon
retirement of the bonds, the trustee shall pay over any excess
amounts held to the municipality for deposit in the special
tax allocation fund.

When the redevelopment projects costs, including without
limitation all municipal obligations financing redevelopment
project costs incurred under this Law, have been paid, all
surplus funds then remaining in the special tax allocation
fund shall be distributed by being paid by the municipal
treasurer to the municipality and the county collector; first
to the municipality in direct proportion to the tax
incremental revenue received from the municipality, but not to
exceed the total incremental revenue received from the
municipality, minus any annual surplus distribution of
incremental revenue previously made. Any remaining funds shall
be paid to the county collector who shall immediately
distribute that payment to the taxing districts in the
redevelopment project area in the same manner and proportion
as the most recent distribution by the county collector to the
affected districts of real property taxes from real property
situated in the redevelopment project area.
Upon the payment of all redevelopment project costs,
retirement of obligations and the distribution of any excess
moneys under this Section, the municipality shall adopt an
ordinance dissolving the special tax allocation fund for the
redevelopment project area and terminating the designation of
the redevelopment project area as a redevelopment project
area. Thereafter the tax levies of taxing districts shall be
extended, collected and distributed in the same manner
applicable before the adoption of tax increment allocation

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

analysis. In a municipality that has implemented a Residential
Sound Insulation Program to mitigate aircraft noise, if
requested by the homeowner pursuant to a process established
by the municipality, which process shall include, at a
minimum, notification in a newspaper of general circulation
and a mailer sent to every address identified as a recipient of
windows and doors installed under the Residential Sound
Insulation Program, the municipality shall replace all windows
and doors installed under the Residential Sound Insulation
Program in such homes where one or more windows or doors have
been found to have caused offensive odors. Only those
homeowners who request that the municipality perform an odor
inspection as prescribed by the process established by the
municipality within 6 months of notification being published
and mailers being sent shall be eligible for odorous window
and odorous door replacement. Homes that have been identified
by the municipality as having odorous windows or doors are not
required to make said request to the municipality. The right
to make a claim for replacement and have it considered
pursuant to this Section shall not be affected by the fact of
odor-related claims made or odor-related products received
pursuant to the Residential Sound Insulation Program prior to
June 5, 2019 (the effective date of this Section). The
municipality shall also perform in-home air quality testing in
residences in which windows and doors are replaced under this
Section. In order to receive in-home air quality testing, a

homeowner must request such testing from the municipality, and
the total number of homes tested in any given year shall not
exceed 25% of the total number of homes in which windows and
doors were replaced under this Section in the prior calendar
year.
(b) An advisory committee shall be formed, composed of the
following: (i) 2 members of the municipality who reside in
homes that have received windows or doors pursuant to the
Residential Sound Insulation Program and have been identified
by the municipality as having odorous windows or doors,
appointed by the Secretary of Transportation; (ii) one
employee of the Aeronautics Division of the Department of
Transportation; and (iii) 2 employees of the municipality that
implemented the Residential Sound Insulation Program in
question. The advisory committee shall determine by majority
vote which homes contain windows or doors that cause offensive
odors and thus are eligible for replacement, shall promulgate
a list of such homes, and shall develop recommendations as to
the order in which homes are to receive window replacement.
The recommendations shall include reasonable and objective
criteria for determining which windows or doors are odorous,
consideration of the date of odor confirmation for
prioritization, severity of odor, geography and individual
hardship, and shall provide such recommendations to the
municipality. The advisory committee shall comply with the
requirements of the Open Meetings Act. The Chicago Department

of Aviation shall provide administrative support to the
committee commission. The municipality shall consider the
recommendations of the committee but shall retain final
decision-making authority over replacement of windows and
doors installed under the Residential Sound Insulation
Program, and shall comply with all federal, State, and local
laws involving procurement. A municipality administering
claims pursuant to this Section shall provide to every address
identified as having submitted a valid claim under this
Section a quarterly report setting forth the municipality's
activities undertaken pursuant to this Section for that
quarter. However, the municipality shall replace windows and
doors pursuant to this Section only if, and to the extent,
grants are distributed to, and received by, the municipality
from the Sound-Reducing Windows and Doors Replacement Fund for
the costs associated with the replacement of sound-reducing
windows and doors installed under the Residential Sound
Insulation Program pursuant to Section 6z-20.1 of the State
Finance Act. In addition, the municipality shall revise its
specifications for procurement of windows for the Residential
Sound Insulation Program to address potential off-gassing from
such windows in future phases of the program. A municipality
subject to the Section shall not legislate or otherwise
regulate with regard to indoor air quality monitoring,
laboratory analysis or replacement requirements, except as
provided in this Section, but the foregoing restriction shall

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

Redevelopment Zone records of all laborers and other
workers employed by them on the project; the records shall
include:
(A) the worker's name;
(B) the worker's address;
(C) the worker's telephone number, if available;
(D) the worker's social security number;
(E) the worker's classification or
classifications;
(F) the worker's gross and net wages paid in each
pay period;
(G) the worker's number of hours worked each day;
(H) the worker's starting and ending times of work
each day;
(I) the worker's hourly wage rate; and
(J) the worker's hourly overtime wage rate; and
(2) no later than the 15th day of each calendar month,
provide a certified payroll for the immediately preceding
month to the taxpayer in charge of the project; within 5
business days after receiving the certified payroll, the
taxpayer shall file the certified payroll with the
Department of Labor and the Department of Commerce and
Economic Opportunity; a certified payroll must be filed
for only those calendar months during which construction
on a River Edge Construction Jobs Project has occurred;
the certified payroll shall consist of a complete copy of

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

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

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

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

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

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

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

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

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

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

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

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

candidate who passes a second time may be removed from the list
by the appointing authority provided that such action shall
not prejudice a person's opportunities to participate in
future examinations, including an examination held during the
time a candidate is already on the fire district's register of
eligibles.
The sole authority to issue certificates of appointment
shall be vested in the board of fire commissioners, or board of
trustees serving in the capacity of a board of fire
commissioners. All certificates of appointment issued to any
officer or member of an affected department shall be signed by
the chairperson and secretary, respectively, of the commission
upon appointment of such officer or member to the affected
department by action of the commission. After being selected
from the register of eligibles to fill a vacancy in the
affected department, each appointee shall be presented with
his or her certificate of appointment on the day on which he or
she is sworn in as a classified member of the affected
department. Firefighters who were not issued a certificate of
appointment when originally appointed shall be provided with a
certificate within 10 days after making a written request to
the chairperson of the board of fire commissioners, or board
of trustees serving in the capacity of a board of fire
commissioners. Each person who accepts a certificate of
appointment and successfully completes his or her probationary
period shall be enrolled as a firefighter and as a regular

member of the fire department.
For the purposes of this Section, "firefighter" means any
person who has been prior to, on, or after August 4, 2011 (the
effective date of Public Act 97-251) this amendatory Act of
the 97th General Assembly appointed to a fire department or
fire protection district or employed by a State university and
sworn or commissioned to perform firefighter duties or
paramedic duties, or both, except that the following persons
are not included: part-time firefighters; auxiliary, reserve,
or voluntary firefighters, including paid-on-call
firefighters; clerks and dispatchers or other civilian
employees of a fire department or fire protection district who
are not routinely expected to perform firefighter duties; and
elected officials.
(c) Qualification for placement on register of eligibles.
The purpose of establishing a register of eligibles is to
identify applicants who possess and demonstrate the mental
aptitude and physical ability to perform the duties required
of members of the fire department in order to provide the
highest quality of service to the public. To this end, all
applicants for original appointment to an affected fire
department shall be subject to examination and testing which
shall be public, competitive, and open to all applicants
unless the district shall by ordinance limit applicants to
residents of the district, county or counties in which the
district is located, State, or nation. Any examination and

testing procedure utilized under subsection (e) of this
Section shall be supported by appropriate validation evidence
and shall comply with all applicable State and federal laws.
Districts may establish educational, emergency medical service
licensure, and other prerequisites prerequites for
participation in an examination or for hire as a firefighter.
Any fire protection district may charge a fee to cover the
costs of the application process.
Residency requirements in effect at the time an individual
enters the fire service of a district cannot be made more
restrictive for that individual during his or her period of
service for that district, or be made a condition of
promotion, except for the rank or position of fire chief and
for no more than 2 positions that rank immediately below that
of the chief rank which are appointed positions pursuant to
the Fire Department Promotion Act.
No person who is 35 years of age or older shall be eligible
to take an examination for a position as a firefighter unless
the person has had previous employment status as a firefighter
in the regularly constituted fire department of the district,
except as provided in this Section. The age limitation does
not apply to:
(1) any person previously employed as a full-time
firefighter in a regularly constituted fire department of
(i) any municipality or fire protection district located
in Illinois, (ii) a fire protection district whose

obligations were assumed by a municipality under Section
21 of the Fire Protection District Act, or (iii) a
municipality whose obligations were taken over by a fire
protection district;
(2) any person who has served a fire district as a
regularly enrolled volunteer, paid-on-call, or part-time
firefighter for the 5 years immediately preceding the time
that the district begins to use full-time firefighters to
provide all or part of its fire protection service; or
(3) any person who turned 35 while serving as a member
of the active or reserve components of any of the branches
of the Armed Forces of the United States or the National
Guard of any state, whose service was characterized as
honorable or under honorable, if separated from the
military, and is currently under the age of 40.
No person who is under 21 years of age shall be eligible
for employment as a firefighter.
No applicant shall be examined concerning his or her
political or religious opinions or affiliations. The
examinations shall be conducted by the commissioners of the
district or their designees and agents.
No district shall require that any firefighter appointed
to the lowest rank serve a probationary employment period of
longer than one year of actual active employment, which may
exclude periods of training, or injury or illness leaves,
including duty related leave, in excess of 30 calendar days.

Notwithstanding anything to the contrary in this Section, the
probationary employment period limitation may be extended for
a firefighter who is required, as a condition of employment,
to be a licensed paramedic, during which time the sole reason
that a firefighter may be discharged without a hearing is for
failing to meet the requirements for paramedic licensure.
In the event that any applicant who has been found
eligible for appointment and whose name has been placed upon
the final eligibility register provided for in this Section
has not been appointed to a firefighter position within one
year after the date of his or her physical ability
examination, the commission may cause a second examination to
be made of that applicant's physical ability prior to his or
her appointment. If, after the second examination, the
physical ability of the applicant shall be found to be less
than the minimum standard fixed by the rules of the
commission, the applicant shall not be appointed. The
applicant's name may be retained upon the register of
candidates eligible for appointment and when next reached for
certification and appointment that applicant may be again
examined as provided in this Section, and if the physical
ability of that applicant is found to be less than the minimum
standard fixed by the rules of the commission, the applicant
shall not be appointed, and the name of the applicant shall be
removed from the register.
(d) Notice, examination, and testing components. Notice of

the time, place, general scope, merit criteria for any
subjective component, and fee of every examination shall be
given by the commission, by a publication at least 2 weeks
preceding the examination: (i) in one or more newspapers
published in the district, or if no newspaper is published
therein, then in one or more newspapers with a general
circulation within the district, or (ii) on the fire
protection district's Internet website. Additional notice of
the examination may be given as the commission shall
prescribe.
The examination and qualifying standards for employment of
firefighters shall be based on: mental aptitude, physical
ability, preferences, moral character, and health. The mental
aptitude, physical ability, and preference components shall
determine an applicant's qualification for and placement on
the final register of eligibles. The examination may also
include a subjective component based on merit criteria as
determined by the commission. Scores from the examination must
be made available to the public.
(e) Mental aptitude. No person who does not possess at
least a high school diploma or an equivalent high school
education shall be placed on a register of eligibles.
Examination of an applicant's mental aptitude shall be based
upon a written examination. The examination shall be practical
in character and relate to those matters that fairly test the
capacity of the persons examined to discharge the duties

performed by members of a fire department. Written
examinations shall be administered in a manner that ensures
the security and accuracy of the scores achieved.
(f) Physical ability. All candidates shall be required to
undergo an examination of their physical ability to perform
the essential functions included in the duties they may be
called upon to perform as a member of a fire department. For
the purposes of this Section, essential functions of the job
are functions associated with duties that a firefighter may be
called upon to perform in response to emergency calls. The
frequency of the occurrence of those duties as part of the fire
department's regular routine shall not be a controlling factor
in the design of examination criteria or evolutions selected
for testing. These physical examinations shall be open,
competitive, and based on industry standards designed to test
each applicant's physical abilities in the following
dimensions:
(1) Muscular strength to perform tasks and evolutions
that may be required in the performance of duties
including grip strength, leg strength, and arm strength.
Tests shall be conducted under anaerobic as well as
aerobic conditions to test both the candidate's speed and
endurance in performing tasks and evolutions. Tasks tested
may be based on standards developed, or approved, by the
local appointing authority.
(2) The ability to climb ladders, operate from

heights, walk or crawl in the dark along narrow and uneven
surfaces, and operate in proximity to hazardous
environments.
(3) The ability to carry out critical, time-sensitive,
and complex problem solving during physical exertion in
stressful and hazardous environments. The testing
environment may be hot and dark with tightly enclosed
spaces, flashing lights, sirens, and other distractions.
The tests utilized to measure each applicant's
capabilities in each of these dimensions may be tests based on
industry standards currently in use or equivalent tests
approved by the Joint Labor-Management Committee of the Office
of the State Fire Marshal.
Physical ability examinations administered under this
Section shall be conducted with a reasonable number of
proctors and monitors, open to the public, and subject to
reasonable regulations of the commission.
(g) Scoring of examination components. Appointing
authorities may create a preliminary eligibility register. A
person shall be placed on the list based upon his or her
passage of the written examination or the passage of the
written examination and the physical ability component.
Passage of the written examination means attaining the minimum
score set by the commission. Minimum scores should be set by
the appointing authorities so as to demonstrate a candidate's
ability to perform the essential functions of the job. The

minimum score set by the commission shall be supported by
appropriate validation evidence and shall comply with all
applicable State and federal laws. The appointing authority
may conduct the physical ability component and any subjective
components subsequent to the posting of the preliminary
eligibility register.
The examination components for an initial eligibility
register shall be graded on a 100-point scale. A person's
position on the list shall be determined by the following: (i)
the person's score on the written examination, (ii) the person
successfully passing the physical ability component, and (iii)
the person's results on any subjective component as described
in subsection (d).
In order to qualify for placement on the final eligibility
register, an applicant's score on the written examination,
before any applicable preference points or subjective points
are applied, shall be at or above the minimum score set by the
commission. The local appointing authority may prescribe the
score to qualify for placement on the final eligibility
register, but the score shall not be less than the minimum
score set by the commission.
The commission shall prepare and keep a register of
persons whose total score is not less than the minimum score
for passage and who have passed the physical ability
examination. These persons shall take rank upon the register
as candidates in the order of their relative excellence based

on the highest to the lowest total points scored on the mental
aptitude, subjective component, and preference components of
the test administered in accordance with this Section. No more
than 60 days after each examination, an initial eligibility
list shall be posted by the commission. The list shall include
the final grades of the candidates without reference to
priority of the time of examination and subject to claim for
preference credit.
Commissions may conduct additional examinations, including
without limitation a polygraph test, after a final eligibility
register is established and before it expires with the
candidates ranked by total score without regard to date of
examination. No more than 60 days after each examination, an
initial eligibility list shall be posted by the commission
showing the final grades of the candidates without reference
to priority of time of examination and subject to claim for
preference credit.
(h) Preferences. The following are preferences:
(1) Veteran preference. Persons who were engaged in
the military service of the United States for a period of
at least one year of active duty and who were honorably
discharged therefrom, or who are now or have been members
on inactive or reserve duty in such military or naval
service, shall be preferred for appointment to and
employment with the fire department of an affected
department.

(2) Fire cadet preference. Persons who have
successfully completed 2 years of study in fire techniques
or cadet training within a cadet program established under
the rules of the Joint Labor and Management Committee
(JLMC), as defined in Section 50 of the Fire Department
Promotion Act, may be preferred for appointment to and
employment with the fire department.
(3) Educational preference. Persons who have
successfully obtained an associate's degree in the field
of fire service or emergency medical services, or a
bachelor's degree from an accredited college or university
may be preferred for appointment to and employment with
the fire department.
(4) Paramedic preference. Persons who have obtained a
license as a paramedic may be preferred for appointment to
and employment with the fire department of an affected
department providing emergency medical services.
(5) Experience preference. All persons employed by a
district who have been paid-on-call or part-time certified
Firefighter II, certified Firefighter III, State of
Illinois or nationally licensed EMT, EMT-I, A-EMT, or
paramedic, or any combination of those capacities may be
awarded up to a maximum of 5 points. However, the
applicant may not be awarded more than 0.5 points for each
complete year of paid-on-call or part-time service.
Applicants from outside the district who were employed as

full-time firefighters or firefighter-paramedics by a fire
protection district or municipality for at least 2 years
may be awarded up to 5 experience preference points.
However, the applicant may not be awarded more than one
point for each complete year of full-time service.
Upon request by the commission, the governing body of
the district or in the case of applicants from outside the
district the governing body of any other fire protection
district or any municipality shall certify to the
commission, within 10 days after the request, the number
of years of successful paid-on-call, part-time, or
full-time service of any person. A candidate may not
receive the full amount of preference points under this
subsection if the amount of points awarded would place the
candidate before a veteran on the eligibility list. If
more than one candidate receiving experience preference
points is prevented from receiving all of their points due
to not being allowed to pass a veteran, the candidates
shall be placed on the list below the veteran in rank order
based on the totals received if all points under this
subsection were to be awarded. Any remaining ties on the
list shall be determined by lot.
(6) Residency preference. Applicants whose principal
residence is located within the fire department's
jurisdiction may be preferred for appointment to and
employment with the fire department.

(7) Additional preferences. Up to 5 additional
preference points may be awarded for unique categories
based on an applicant's experience or background as
identified by the commission.
(7.5) Apprentice preferences. A person who has
performed fire suppression service for a department as a
firefighter apprentice and otherwise meet the
qualifications for original appointment as a firefighter
specified in this Section are eligible to be awarded up to
20 preference points. To qualify for preference points, an
applicant shall have completed a minimum of 600 hours of
fire suppression work on a regular shift for the affected
fire department over a 12-month period. The fire
suppression work must be in accordance with Section 16.06
of this Act and the terms established by a Joint
Apprenticeship Committee included in a collective
bargaining agreement agreed between the employer and its
certified bargaining agent. An eligible applicant must
apply to the Joint Apprenticeship Committee for preference
points under this item. The Joint Apprenticeship Committee
shall evaluate the merit of the applicant's performance,
determine the preference points to be awarded, and certify
the amount of points awarded to the commissioners. The
commissioners may add the certified preference points to
the final grades achieved by the applicant on the other
components of the examination.

(8) Scoring of preferences. The commission shall give
preference for original appointment to persons designated
in item (1) by adding to the final grade that they receive
5 points for the recognized preference achieved. The
commission may give preference for original appointment to
persons designated in item (7.5) by adding to the final
grade the amount of points designated by the Joint
Apprenticeship Committee as defined in item (7.5). The
commission shall determine the number of preference points
for each category, except (1) and (7.5). The number of
preference points for each category shall range from 0 to
5, except item (7.5). In determining the number of
preference points, the commission shall prescribe that if
a candidate earns the maximum number of preference points
in all categories except item (7.5), that number may not
be less than 10 nor more than 30. The commission shall give
preference for original appointment to persons designated
in items (2) through (7) by adding the requisite number of
points to the final grade for each recognized preference
achieved. The numerical result thus attained shall be
applied by the commission in determining the final
eligibility list and appointment from the eligibility
list. The local appointing authority may prescribe the
total number of preference points awarded under this
Section, but the total number of preference points, except
item (7.5), shall not be less than 10 points or more than

30 points. Apprentice preference points may be added in
addition to other preference points awarded by the
commission.
No person entitled to any preference shall be required to
claim the credit before any examination held under the
provisions of this Section, but the preference shall be given
after the posting or publication of the initial eligibility
list or register at the request of a person entitled to a
credit before any certification or appointments are made from
the eligibility register, upon the furnishing of verifiable
evidence and proof of qualifying preference credit. Candidates
who are eligible for preference credit shall make a claim in
writing within 10 days after the posting of the initial
eligibility list, or the claim shall be deemed waived. Final
eligibility registers shall be established after the awarding
of verified preference points. However, apprentice preference
credit earned subsequent to the establishment of the final
eligibility register may be applied to the applicant's score
upon certification by the Joint Apprenticeship Committee to
the commission and the rank order of candidates on the final
eligibility register shall be adjusted accordingly. All
employment shall be subject to the commission's initial hire
background review including, but not limited to, criminal
history, employment history, moral character, oral
examination, and medical and psychological examinations, all
on a pass-fail basis. The medical and psychological

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

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

this Section, commits a violation of this Section and may be
subject to charges for official misconduct.
A person who is the knowing recipient of test information
in advance of the examination shall be disqualified from the
examination or discharged from the position to which he or she
was appointed, as applicable, and otherwise subjected to
disciplinary actions.
(Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19;
revised 11-26-19.)
Section 330. The Park District Code is amended by changing
Sections 2-25 and 10-7 as follows:
(70 ILCS 1205/2-25) (from Ch. 105, par. 2-25)
Sec. 2-25. Vacancies. Whenever any member of the governing
board of any park district (i) dies, (ii) resigns, (iii)
becomes under legal disability, (iv) ceases to be a legal
voter in the district, (v) is convicted in any court located in
the United States of any infamous crime, bribery, perjury, or
other felony, (vi) refuses or neglects to take his or her oath
of office, (vii) neglects to perform the duties of his or her
office or attend meetings of the board for the length of time
as the board fixes by ordinance, or (viii) for any other reason
specified by law, that office may be declared vacant.
Vacancies shall be filled by appointment by a majority of the
remaining members of the board. Any person so appointed shall

hold his or her office until the next regular election for this
office, at which a member shall be elected to fill the vacancy
for the unexpired term, subject to the following conditions:
(1) If the vacancy occurs with less than 28 months
remaining in the term, the person appointed to fill the
vacancy shall hold his or her office until the expiration
of the term for which he or she has been appointed, and no
election to fill the vacancy shall be held.
(2) If the vacancy occurs with more than 28 months
left in the term, but less than 123 days before the next
regularly scheduled election for this office, the person
appointed to fill the vacancy shall hold his or her office
until the second regularly scheduled election for the
office following the appointment, at which a member shall
be elected to fill the vacancy for the unexpired term.
(Source: P.A. 101-257, eff. 8-9-19; revised 9-24-19.)
(70 ILCS 1205/10-7) (from Ch. 105, par. 10-7)
Sec. 10-7. Sale, lease, or exchange of realty.
(a) Any park district owning and holding any real estate
is authorized (1) to sell or lease that property to the State
of Illinois, with the State's consent, or another unit of
Illinois State or local government for public use, (2) to give
the property to the State of Illinois if the property is
contiguous to a State park, or (3) to lease that property upon
the terms and at the price that the board determines for a

period not to exceed 99 years to any corporation organized
under the laws of this State, for public use. The grantee or
lessee must covenant to hold and maintain the property for
public park or recreational purposes unless the park district
obtains other real property of substantially the same size or
larger and of substantially the same or greater suitability
for park purposes without additional cost to the district. In
the case of property given or sold under this subsection after
January 1, 2002 (the effective date of Public Act 92-401) this
amendatory Act of the 92nd General Assembly for which this
covenant is required, the conveyance must provide that
ownership of the property automatically reverts to the grantor
if the grantee knowingly violates the required covenant by
allowing all or any part of the property to be used for
purposes other than park or recreational purposes. Real estate
given, sold, or leased to the State of Illinois under this
subsection (1) must be 50 acres or more in size, (2) may not be
located within the territorial limits of a municipality, and
(3) may not be the site of a known environmental liability or
hazard.
(b) Any park district owning or holding any real estate is
authorized to convey such property to a nongovernmental entity
in exchange for other real property of substantially equal or
greater value as determined by 2 appraisals of the property
and of substantially the same or greater suitability for park
purposes without additional cost to such district.

Prior to such exchange with a nongovernmental entity, the
park board shall hold a public meeting in order to consider the
proposed conveyance. Notice of such meeting shall be published
not less than 3 three times (the first and last publication
being not less than 10 days apart) in a newspaper of general
circulation within the park district. If there is no such
newspaper, then such notice shall be posted in not less than 3
public places in said park district and such notice shall not
become effective until 10 days after said publication or
posting.
(c) Notwithstanding any other provision of this Act, this
subsection (c) shall apply only to park districts that serve
territory within a municipality having more than 40,000
inhabitants and within a county having more than 260,000
inhabitants and bordering the Mississippi River. Any park
district owning or holding real estate is authorized to sell
that property to any not-for-profit corporation organized
under the laws of this State upon the condition that the
corporation uses the property for public park or recreational
programs for youth. The park district shall have the right of
re-entry for breach of condition subsequent. If the
corporation stops using the property for these purposes, the
property shall revert back to ownership of the park district.
Any temporary suspension of use caused by the construction of
improvements on the property for public park or recreational
programs for youth is not a breach of condition subsequent.

Prior to the sale of the property to a not-for-profit
corporation, the park board shall hold a public meeting to
consider the proposed sale. Notice of the meeting shall be
published not less than 3 times (the first and last
publication being not less than 10 days apart) in a newspaper
of general circulation within the park district. If there is
no such newspaper, then the notice shall be posted in not less
than 3 public places in the park district. The notice shall be
published or posted at least 10 days before the meeting. A
resolution to approve the sale of the property to a
not-for-profit corporation requires adoption by a majority of
the park board.
(d) Real estate, not subject to such covenant or which has
not been conveyed and replaced as provided in this Section,
may be conveyed in the manner provided by Sections 10-7a to
10-7d hereof, inclusive.
(d-5) Notwithstanding any provision of law to the contrary
and in addition to the means provided by Sections 10-7a,
10-7b, 10-7c, and 10-7d, real estate, not subject to a
covenant required under subsection (a) or not conveyed and
replaced as provided under subsection (a), may be conveyed to
another unit of local government or school district if the
park district board approves the sale to the unit of local
government or school district by a four-fifths vote and: (i)
the park district is situated wholly within the corporate
limits of that unit of local government or school district; or

(ii) the real estate is conveyed for a price not less than the
appraised value of the real estate as determined by the
average of 3 written MAI certified appraisals or by the
average of 3 written certified appraisals of State certified
or licensed real estate appraisers.
(e) In addition to any other power provided in this
Section, any park district owning or holding real estate that
the board deems is not required for park or recreational
purposes may lease such real estate to any individual or
entity and may collect rents therefrom. Such lease shall not
exceed 4 and one-half times the term of years provided for in
Section 8-15 governing installment purchase contracts.
(f) Notwithstanding any other provision of law, if (i) the
real estate that a park district with a population of 3,000 or
less transfers by lease, license, development agreement, or
other means to any private entity is greater than 70% of the
district's total property and (ii) the current use of the real
estate will be substantially altered by that private entity,
the real estate may be conveyed only in the manner provided for
in Sections 10-7a, 10-7b, and 10-7c.
(Source: P.A. 101-243, eff. 8-9-19; 101-322, eff. 8-9-19;
revised 9-10-19.)
Section 335. The North Shore Water Reclamation District
Act is amended by changing Section 28 as follows:

(70 ILCS 2305/28) (from Ch. 42, par. 296.8)
Sec. 28. Annexation of territory. The board of trustees of
any sanitary district may annex any territory which is not
within the corporate limits of the sanitary district,
provided:
(a) The territory is contiguous to the annexing
sanitary district or the territory is non-contiguous and
the owner or owners of record have entered into an
agreement requesting the annexation of the non-contiguous
territory; and
(b) The territory is served by the sanitary district
or by a municipality with sanitary sewers that are
connected and served by the sanitary district.
The annexation shall be accomplished only by ordinance and
the ordinance shall include a description of the annexed
territory. The ordinance annexing non-contiguous territory
shall designate the ward to which the land shall be assigned. A
copy of the ordinance and a map of the annexed territory
certified as true and accurate by the clerk of the annexing
sanitary district shall be filed with the county clerk of the
county in which the annexed territory is located. The new
boundary shall extend to the far side of any adjacent highway
and shall include all of every highway within the area
annexed. These highways shall be considered to be annexed even
though not included in the legal description set forth in the
annexation ordinance.

The territory to be annexed to the sanitary district shall
be considered to be contiguous to the sanitary district
notwithstanding that the territory to be annexed is divided
by, or that the territory to be annexed is separated from the
sanitary district by, one or more railroad rights-of-way
rights-of-ways, public easements, or properties owned by a
public utility, a forest preserve district, a public agency,
or a not-for-profit corporation.
(Source: P.A. 100-31, eff. 8-4-17; revised 8-9-19.)
Section 340. The Street Light District Act is amended by
changing Section 0.01 as follows:
(70 ILCS 3305/0.01) (from Ch. 121, par. 354.9)
Sec. 0.01. Short title. This Act may be cited as the Street
Lighting Light District Act.
(Source: P.A. 86-1324; revised 8-9-19.)
Section 345. The Regional Transportation Authority Act is
amended by changing Section 4.04 as follows:
(70 ILCS 3615/4.04) (from Ch. 111 2/3, par. 704.04)
Sec. 4.04. Issuance and Pledge of Bonds and Notes.
(a) The Authority shall have the continuing power to
borrow money and to issue its negotiable bonds or notes as
provided in this Section. Unless otherwise indicated in this

Section, the term "notes" also includes bond anticipation
notes, which are notes which by their terms provide for their
payment from the proceeds of bonds thereafter to be issued.
Bonds or notes of the Authority may be issued for any or all of
the following purposes: to pay costs to the Authority or a
Service Board of constructing or acquiring any public
transportation facilities (including funds and rights relating
thereto, as provided in Section 2.05 of this Act); to repay
advances to the Authority or a Service Board made for such
purposes; to pay other expenses of the Authority or a Service
Board incident to or incurred in connection with such
construction or acquisition; to provide funds for any
transportation agency to pay principal of or interest or
redemption premium on any bonds or notes, whether as such
amounts become due or by earlier redemption, issued prior to
the date of this amendatory Act by such transportation agency
to construct or acquire public transportation facilities or to
provide funds to purchase such bonds or notes; and to provide
funds for any transportation agency to construct or acquire
any public transportation facilities, to repay advances made
for such purposes, and to pay other expenses incident to or
incurred in connection with such construction or acquisition;
and to provide funds for payment of obligations, including the
funding of reserves, under any self-insurance plan or joint
self-insurance pool or entity.
In addition to any other borrowing as may be authorized by

this Section, the Authority may issue its notes, from time to
time, in anticipation of tax receipts of the Authority or of
other revenues or receipts of the Authority, in order to
provide money for the Authority or the Service Boards to cover
any cash flow deficit which the Authority or a Service Board
anticipates incurring. Any such notes are referred to in this
Section as "Working Cash Notes". No Working Cash Notes shall
be issued for a term of longer than 24 months. Proceeds of
Working Cash Notes may be used to pay day to day operating
expenses of the Authority or the Service Boards, consisting of
wages, salaries, and fringe benefits, professional and
technical services (including legal, audit, engineering, and
other consulting services), office rental, furniture, fixtures
and equipment, insurance premiums, claims for self-insured
amounts under insurance policies, public utility obligations
for telephone, light, heat and similar items, travel expenses,
office supplies, postage, dues, subscriptions, public hearings
and information expenses, fuel purchases, and payments of
grants and payments under purchase of service agreements for
operations of transportation agencies, prior to the receipt by
the Authority or a Service Board from time to time of funds for
paying such expenses. In addition to any Working Cash Notes
that the Board of the Authority may determine to issue, the
Suburban Bus Board, the Commuter Rail Board or the Board of the
Chicago Transit Authority may demand and direct that the
Authority issue its Working Cash Notes in such amounts and

having such maturities as the Service Board may determine.
Notwithstanding any other provision of this Act, any
amounts necessary to pay principal of and interest on any
Working Cash Notes issued at the demand and direction of a
Service Board or any Working Cash Notes the proceeds of which
were used for the direct benefit of a Service Board or any
other Bonds or Notes of the Authority the proceeds of which
were used for the direct benefit of a Service Board shall
constitute a reduction of the amount of any other funds
provided by the Authority to that Service Board. The Authority
shall, after deducting any costs of issuance, tender the net
proceeds of any Working Cash Notes issued at the demand and
direction of a Service Board to such Service Board as soon as
may be practicable after the proceeds are received. The
Authority may also issue notes or bonds to pay, refund or
redeem any of its notes and bonds, including to pay redemption
premiums or accrued interest on such bonds or notes being
renewed, paid or refunded, and other costs in connection
therewith. The Authority may also utilize the proceeds of any
such bonds or notes to pay the legal, financial,
administrative and other expenses of such authorization,
issuance, sale or delivery of bonds or notes or to provide or
increase a debt service reserve fund with respect to any or all
of its bonds or notes. The Authority may also issue and deliver
its bonds or notes in exchange for any public transportation
facilities, (including funds and rights relating thereto, as

provided in Section 2.05 of this Act) or in exchange for
outstanding bonds or notes of the Authority, including any
accrued interest or redemption premium thereon, without
advertising or submitting such notes or bonds for public
bidding.
(b) The ordinance providing for the issuance of any such
bonds or notes shall fix the date or dates of maturity, the
dates on which interest is payable, any sinking fund account
or reserve fund account provisions and all other details of
such bonds or notes and may provide for such covenants or
agreements necessary or desirable with regard to the issue,
sale and security of such bonds or notes. The rate or rates of
interest on its bonds or notes may be fixed or variable and the
Authority shall determine or provide for the determination of
the rate or rates of interest of its bonds or notes issued
under this Act in an ordinance adopted by the Authority prior
to the issuance thereof, none of which rates of interest shall
exceed that permitted in the Bond Authorization Act. Interest
may be payable at such times as are provided for by the Board.
Bonds and notes issued under this Section may be issued as
serial or term obligations, shall be of such denomination or
denominations and form, including interest coupons to be
attached thereto, be executed in such manner, shall be payable
at such place or places and bear such date as the Authority
shall fix by the ordinance authorizing such bond or note and
shall mature at such time or times, within a period not to

exceed forty years from the date of issue, and may be
redeemable prior to maturity with or without premium, at the
option of the Authority, upon such terms and conditions as the
Authority shall fix by the ordinance authorizing the issuance
of such bonds or notes. No bond anticipation note or any
renewal thereof shall mature at any time or times exceeding 5
years from the date of the first issuance of such note. The
Authority may provide for the registration of bonds or notes
in the name of the owner as to the principal alone or as to
both principal and interest, upon such terms and conditions as
the Authority may determine. The ordinance authorizing bonds
or notes may provide for the exchange of such bonds or notes
which are fully registered, as to both principal and interest,
with bonds or notes which are registerable as to principal
only. All bonds or notes issued under this Section by the
Authority other than those issued in exchange for property or
for bonds or notes of the Authority shall be sold at a price
which may be at a premium or discount but such that the
interest cost (excluding any redemption premium) to the
Authority of the proceeds of an issue of such bonds or notes,
computed to stated maturity according to standard tables of
bond values, shall not exceed that permitted in the Bond
Authorization Act. The Authority shall notify the Governor's
Office of Management and Budget and the State Comptroller at
least 30 days before any bond sale and shall file with the
Governor's Office of Management and Budget and the State

Comptroller a certified copy of any ordinance authorizing the
issuance of bonds at or before the issuance of the bonds. After
December 31, 1994, any such bonds or notes shall be sold to the
highest and best bidder on sealed bids as the Authority shall
deem. As such bonds or notes are to be sold the Authority shall
advertise for proposals to purchase the bonds or notes which
advertisement shall be published at least once in a daily
newspaper of general circulation published in the metropolitan
region at least 10 days before the time set for the submission
of bids. The Authority shall have the right to reject any or
all bids. Notwithstanding any other provisions of this
Section, Working Cash Notes or bonds or notes to provide funds
for self-insurance or a joint self-insurance pool or entity
may be sold either upon competitive bidding or by negotiated
sale (without any requirement of publication of intention to
negotiate the sale of such Notes), as the Board shall
determine by ordinance adopted with the affirmative votes of
at least 9 Directors. In case any officer whose signature
appears on any bonds, notes or coupons authorized pursuant to
this Section shall cease to be such officer before delivery of
such bonds or notes, such signature shall nevertheless be
valid and sufficient for all purposes, the same as if such
officer had remained in office until such delivery. Neither
the Directors of the Authority nor any person executing any
bonds or notes thereof shall be liable personally on any such
bonds or notes or coupons by reason of the issuance thereof.

(c) All bonds or notes of the Authority issued pursuant to
this Section shall be general obligations of the Authority to
which shall be pledged the full faith and credit of the
Authority, as provided in this Section. Such bonds or notes
shall be secured as provided in the authorizing ordinance,
which may, notwithstanding any other provision of this Act,
include in addition to any other security, a specific pledge
or assignment of and lien on or security interest in any or all
tax receipts of the Authority and on any or all other revenues
or moneys of the Authority from whatever source, which may by
law be utilized for debt service purposes and a specific
pledge or assignment of and lien on or security interest in any
funds or accounts established or provided for by the ordinance
of the Authority authorizing the issuance of such bonds or
notes. Any such pledge, assignment, lien, or security interest
for the benefit of holders of bonds or notes of the Authority
shall be valid and binding from the time the bonds or notes are
issued without any physical delivery or further act and shall
be valid and binding as against and prior to the claims of all
other parties having claims of any kind against the Authority
or any other person irrespective of whether such other parties
have notice of such pledge, assignment, lien, or security
interest. The obligations of the Authority incurred pursuant
to this Section shall be superior to and have priority over any
other obligations of the Authority.
The Authority may provide in the ordinance authorizing the

issuance of any bonds or notes issued pursuant to this Section
for the creation of, deposits in, and regulation and
disposition of sinking fund or reserve accounts relating to
such bonds or notes. The ordinance authorizing the issuance of
any bonds or notes pursuant to this Section may contain
provisions as part of the contract with the holders of the
bonds or notes, for the creation of a separate fund to provide
for the payment of principal and interest on such bonds or
notes and for the deposit in such fund from any or all the tax
receipts of the Authority and from any or all such other moneys
or revenues of the Authority from whatever source which may by
law be utilized for debt service purposes, all as provided in
such ordinance, of amounts to meet the debt service
requirements on such bonds or notes, including principal and
interest, and any sinking fund or reserve fund account
requirements as may be provided by such ordinance, and all
expenses incident to or in connection with such fund and
accounts or the payment of such bonds or notes. Such ordinance
may also provide limitations on the issuance of additional
bonds or notes of the Authority. No such bonds or notes of the
Authority shall constitute a debt of the State of Illinois.
Nothing in this Act shall be construed to enable the Authority
to impose any ad valorem tax on property.
(d) The ordinance of the Authority authorizing the
issuance of any bonds or notes may provide additional security
for such bonds or notes by providing for appointment of a

corporate trustee (which may be any trust company or bank
having the powers of a trust company within the state) with
respect to such bonds or notes. The ordinance shall prescribe
the rights, duties, and powers of the trustee to be exercised
for the benefit of the Authority and the protection of the
holders of such bonds or notes. The ordinance may provide for
the trustee to hold in trust, invest, and use amounts in funds
and accounts created as provided by the ordinance with respect
to the bonds or notes. The ordinance may provide for the
assignment and direct payment to the trustee of any or all
amounts produced from the sources provided in Section 4.03 and
Section 4.09 of this Act and provided in Section 6z-17 of the
State Finance Act "An Act in relation to State finance",
approved June 10, 1919, as amended. Upon receipt of notice of
any such assignment, the Department of Revenue and the
Comptroller of the State of Illinois shall thereafter,
notwithstanding the provisions of Section 4.03 and Section
4.09 of this Act and Section 6z-17 of the State Finance Act "An
Act in relation to State finance", approved June 10, 1919, as
amended, provide for such assigned amounts to be paid directly
to the trustee instead of the Authority, all in accordance
with the terms of the ordinance making the assignment. The
ordinance shall provide that amounts so paid to the trustee
which are not required to be deposited, held or invested in
funds and accounts created by the ordinance with respect to
bonds or notes or used for paying bonds or notes to be paid by

the trustee to the Authority.
(e) Any bonds or notes of the Authority issued pursuant to
this Section shall constitute a contract between the Authority
and the holders from time to time of such bonds or notes. In
issuing any bond or note, the Authority may include in the
ordinance authorizing such issue a covenant as part of the
contract with the holders of the bonds or notes, that as long
as such obligations are outstanding, it shall make such
deposits, as provided in paragraph (c) of this Section. It may
also so covenant that it shall impose and continue to impose
taxes, as provided in Section 4.03 of this Act and in addition
thereto as subsequently authorized by law, sufficient to make
such deposits and pay the principal and interest and to meet
other debt service requirements of such bonds or notes as they
become due. A certified copy of the ordinance authorizing the
issuance of any such obligations shall be filed at or prior to
the issuance of such obligations with the Comptroller of the
State of Illinois and the Illinois Department of Revenue.
(f) The State of Illinois pledges to and agrees with the
holders of the bonds and notes of the Authority issued
pursuant to this Section that the State will not limit or alter
the rights and powers vested in the Authority by this Act so as
to impair the terms of any contract made by the Authority with
such holders or in any way impair the rights and remedies of
such holders until such bonds and notes, together with
interest thereon, with interest on any unpaid installments of

interest, and all costs and expenses in connection with any
action or proceedings by or on behalf of such holders, are
fully met and discharged. In addition, the State pledges to
and agrees with the holders of the bonds and notes of the
Authority issued pursuant to this Section that the State will
not limit or alter the basis on which State funds are to be
paid to the Authority as provided in this Act, or the use of
such funds, so as to impair the terms of any such contract. The
Authority is authorized to include these pledges and
agreements of the State in any contract with the holders of
bonds or notes issued pursuant to this Section.
(g)(1) Except as provided in subdivisions (g)(2) and
(g)(3) of Section 4.04 of this Act, the Authority shall not at
any time issue, sell or deliver any bonds or notes (other than
Working Cash Notes and lines of credit) pursuant to this
Section 4.04 which will cause it to have issued and
outstanding at any time in excess of $800,000,000 of such
bonds and notes (other than Working Cash Notes and lines of
credit). The Authority shall not issue, sell, or deliver any
Working Cash Notes or establish a line of credit pursuant to
this Section that will cause it to have issued and outstanding
at any time in excess of $100,000,000. However, the Authority
may issue, sell, and deliver additional Working Cash Notes or
establish a line of credit before July 1, 2022 that are over
and above and in addition to the $100,000,000 authorization
such that the outstanding amount of these additional Working

Cash Notes and lines of credit does do not exceed at any time
$300,000,000. Bonds or notes which are being paid or retired
by such issuance, sale or delivery of bonds or notes, and bonds
or notes for which sufficient funds have been deposited with
the paying agency of such bonds or notes to provide for payment
of principal and interest thereon or to provide for the
redemption thereof, all pursuant to the ordinance authorizing
the issuance of such bonds or notes, shall not be considered to
be outstanding for the purposes of this subsection.
(2) In addition to the authority provided by paragraphs
(1) and (3), the Authority is authorized to issue, sell, and
deliver bonds or notes for Strategic Capital Improvement
Projects approved pursuant to Section 4.13 as follows:
$100,000,000 is authorized to be issued on or after
January 1, 1990;
an additional $100,000,000 is authorized to be issued
on or after January 1, 1991;
an additional $100,000,000 is authorized to be issued
on or after January 1, 1992;
an additional $100,000,000 is authorized to be issued
on or after January 1, 1993;
an additional $100,000,000 is authorized to be issued
on or after January 1, 1994; and
the aggregate total authorization of bonds and notes
for Strategic Capital Improvement Projects as of January
1, 1994, shall be $500,000,000.

The Authority is also authorized to issue, sell, and
deliver bonds or notes in such amounts as are necessary to
provide for the refunding or advance refunding of bonds or
notes issued for Strategic Capital Improvement Projects under
this subdivision (g)(2), provided that no such refunding bond
or note shall mature later than the final maturity date of the
series of bonds or notes being refunded, and provided further
that the debt service requirements for such refunding bonds or
notes in the current or any future fiscal year shall not exceed
the debt service requirements for that year on the refunded
bonds or notes.
(3) In addition to the authority provided by paragraphs
(1) and (2), the Authority is authorized to issue, sell, and
deliver bonds or notes for Strategic Capital Improvement
Projects approved pursuant to Section 4.13 as follows:
$260,000,000 is authorized to be issued on or after
January 1, 2000;
an additional $260,000,000 is authorized to be issued
on or after January 1, 2001;
an additional $260,000,000 is authorized to be issued
on or after January 1, 2002;
an additional $260,000,000 is authorized to be issued
on or after January 1, 2003;
an additional $260,000,000 is authorized to be issued
on or after January 1, 2004; and
the aggregate total authorization of bonds and notes

for Strategic Capital Improvement Projects pursuant to
this paragraph (3) as of January 1, 2004 shall be
$1,300,000,000.
The Authority is also authorized to issue, sell, and
deliver bonds or notes in such amounts as are necessary to
provide for the refunding or advance refunding of bonds or
notes issued for Strategic Capital Improvement projects under
this subdivision (g)(3), provided that no such refunding bond
or note shall mature later than the final maturity date of the
series of bonds or notes being refunded, and provided further
that the debt service requirements for such refunding bonds or
notes in the current or any future fiscal year shall not exceed
the debt service requirements for that year on the refunded
bonds or notes.
(h) The Authority, subject to the terms of any agreements
with noteholders or bond holders as may then exist, shall have
power, out of any funds available therefor, to purchase notes
or bonds of the Authority, which shall thereupon be cancelled.
(i) In addition to any other authority granted by law, the
State Treasurer may, with the approval of the Governor, invest
or reinvest, at a price not to exceed par, any State money in
the State Treasury which is not needed for current
expenditures due or about to become due in Working Cash Notes.
In the event of a default on a Working Cash Note issued by the
Regional Transportation Authority in which State money in the
State treasury was invested, the Treasurer may, after giving

notice to the Authority, certify to the Comptroller the
amounts of the defaulted Working Cash Note, in accordance with
any applicable rules of the Comptroller, and the Comptroller
must deduct and remit to the State treasury the certified
amounts or a portion of those amounts from the following
proportions of payments of State funds to the Authority:
(1) in the first year after default, one-third of the
total amount of any payments of State funds to the
Authority;
(2) in the second year after default, two-thirds of
the total amount of any payments of State funds to the
Authority; and
(3) in the third year after default and for each year
thereafter until the total invested amount is repaid, the
total amount of any payments of State funds to the
Authority.
(j) The Authority may establish a line of credit with a
bank or other financial institution as may be evidenced by the
issuance of notes or other obligations, secured by and payable
from all tax receipts of the Authority and any or all other
revenues or moneys of the Authority, in an amount not to exceed
the limitations set forth in paragraph (1) of subsection (g).
Money borrowed under this subsection (j) shall be used to
provide money for the Authority or the Service Boards to cover
any cash flow deficit that the Authority or a Service Board
anticipates incurring and shall be repaid within 24 months.

Before establishing a line of credit under this subsection
(j), the Authority shall authorize the line of credit by
ordinance. The ordinance shall set forth facts demonstrating
the need for the line of credit, state the amount to be
borrowed, establish a maximum interest rate limit not to
exceed the maximum rate authorized by the Bond Authorization
Act, and provide a date by which the borrowed funds shall be
repaid. The ordinance shall authorize and direct the relevant
officials to make arrangements to set apart and hold, as
applicable, the moneys that will be used to repay the
borrowing. In addition, the ordinance may authorize the
relevant officials to make partial repayments on the line of
credit as the moneys become available and may contain any
other terms, restrictions, or limitations desirable or
necessary to give effect to this subsection (j).
The Authority shall notify the Governor's Office of
Management and Budget and the State Comptroller at least 30
days before establishing a line of credit and shall file with
the Governor's Office of Management and Budget and the State
Comptroller a certified copy of any ordinance authorizing the
establishment of a line of credit upon or before establishing
the line of credit.
Moneys borrowed under a line of credit pursuant to this
subsection (j) are general obligations of the Authority that
are secured by the full faith and credit of the Authority.
(Source: P.A. 101-485, eff. 8-23-19; revised 8-24-20.)

Section 350. The School Code is amended by changing
Sections 2-3.80, 2-3.155, 2-3.159, 10-17a, 10-20.5b, 14-8.02,
18-8.15, 22-33, 24A-7, 27-24.1, 27-24.2, 27A-5, 34-18, and
34-18.11, by setting forth and renumbering multiple versions
of Sections 2-3.176, 10-20.69, 22-85, and 27-23.13, and by
setting forth, renumbering, and changing multiple versions of
Section 34-18.61 as follows:
(105 ILCS 5/2-3.80) (from Ch. 122, par. 2-3.80)
Sec. 2-3.80. (a) The General Assembly recognizes that
agriculture is the most basic and singularly important
industry in the State, that agriculture is of central
importance to the welfare and economic stability of the State,
and that the maintenance of this vital industry requires a
continued source of trained and qualified individuals for
employment in agriculture and agribusiness. The General
Assembly hereby declares that it is in the best interests of
the people of the State of Illinois that a comprehensive
education program in agriculture be created and maintained by
the State's public school system in order to ensure an
adequate supply of trained and skilled individuals and to
ensure appropriate representation of racial and ethnic groups
in all phases of the industry. It is the intent of the General
Assembly that a State program for agricultural education shall
be a part of the curriculum of the public school system K

through adult, and made readily available to all school
districts which may, at their option, include programs in
education in agriculture as a part of the curriculum of that
district.
(b) The State Board of Education shall adopt such rules
and regulations as are necessary to implement the provisions
of this Section. The rules and regulations shall not create
any new State mandates on school districts as a condition of
receiving federal, State, and local funds by those entities.
It is in the intent of the General Assembly that, although this
Section does not create any new mandates, school districts are
strongly advised to follow the guidelines set forth in this
Section.
(c) The State Superintendent of Education shall assume
responsibility for the administration of the State program
adopted under this Section throughout the public school system
as well as the articulation of the State program to the
requirements and mandates of federally assisted education.
There is currently within the State Board of Education an
agricultural education unit to assist school districts in the
establishment and maintenance of educational programs pursuant
to the provisions of this Section. The staffing of the unit
shall at all times be comprised of an appropriate number of
full-time employees who shall serve as program consultants in
agricultural education and shall be available to provide
assistance to school districts. At least one consultant shall

be responsible for the coordination of the State program, as
Head Consultant. At least one consultant shall be responsible
for the coordination of the activities of student and
agricultural organizations and associations.
(d) A committee of 13 agriculturalists representative of
the various and diverse areas of the agricultural industry in
Illinois shall be established to at least develop a curriculum
and overview the implementation of the Build Illinois through
Quality Agricultural Education plans of the Illinois
Leadership Council for Agricultural Education and to advise
the State Board of Education on vocational agricultural
education. The Committee shall be composed of the following: 6
(6) agriculturalists representing the Illinois Leadership
Council for Agricultural Education; 2 (2) Secondary
Agriculture Teachers; one (1) "Ag In The Classroom" Teacher;
one (1) Community College Agriculture Teacher; one (1) Adult
Agriculture Education Teacher; one (1) University Agriculture
Teacher Educator; and one (1) FFA Representative. All members
of the Committee shall be appointed by the Governor by and with
the advice and consent of the Senate. The terms of all members
so appointed shall be for 3 years, except that of the members
initially appointed, 5 shall be appointed to serve for terms
of one 1 year, 4 shall be appointed to serve for terms of 2
years, and 4 shall be appointed to serve for terms of 3 years.
All members of the Committee shall serve until their
successors are appointed and qualified. Vacancies in terms

shall be filled by appointment of the Governor with the advice
and consent of the Senate for the extent of the unexpired term.
The State Board of Education shall implement a Build Illinois
through Quality Agricultural Education plan following receipt
of these recommendations which shall be made available on or
before March 31, 1987. Recommendations shall include, but not
be limited to, the development of a curriculum and a strategy
for the purpose of establishing a source of trained and
qualified individuals in agriculture, a strategy for
articulating the State program in agricultural education
throughout the public school system, and a consumer education
outreach strategy regarding the importance of agriculture in
Illinois. The committee of agriculturalists shall serve
without compensation.
(e) A school district that offers a secondary agricultural
education program that is approved for State and federal
funding must ensure that, at a minimum, all of the following
are available to its secondary agricultural education
students:
(1) An instructional sequence of courses approved by
the State Board of Education.
(2) A State and nationally affiliated FFA (Future
Farmers of America) chapter that is integral to
instruction and is not treated solely as an
extracurricular activity.
(3) A mechanism for ensuring the involvement of all

secondary agricultural education students in formal,
supervised, agricultural-experience activities and
programs.
(f) Nothing in this Section may prevent those secondary
agricultural education programs that are in operation before
January 1, 2007 (the effective date of Public Act 94-855) this
amendatory Act of the 94th General Assembly and that do not
have an active State and nationally affiliated FFA chapter
from continuing to operate or from continuing to receive
funding from the State Board of Education.
(Source: P.A. 94-855, eff. 1-1-07; revised 8-24-20.)
(105 ILCS 5/2-3.155)
Sec. 2-3.155. Textbook block grant program.
(a) The provisions of this Section are in the public
interest, for the public benefit, and serve secular public
purposes.
(b) As used in this Section, "textbook" means any book or
book substitute that a pupil uses as a text or text substitute,
including electronic textbooks. "Textbook" includes books,
reusable workbooks, manuals, whether bound or in loose-leaf
form, instructional computer software, and electronic
textbooks and the technological equipment necessary to gain
access to and use electronic textbooks intended as a principal
source of study material for a given class or group of
students. "Textbook" also includes science curriculum

materials in a kit format that includes pre-packaged
consumable materials if (i) it is shown that the materials
serve as a textbook substitute, (ii) the materials are for use
by the pupils as a principal learning source, (iii) each
component of the materials is integrally necessary to teach
the requirements of the intended course, (iv) the kit includes
teacher guidance materials, and (v) the purchase of individual
consumable materials is not allowed.
(c) Subject to annual appropriation by the General
Assembly, the State Board of Education is authorized to
provide annual funding to public school districts and
State-recognized, non-public schools serving students in
grades kindergarten through 12 for the purchase of selected
textbooks. The textbooks authorized to be purchased under this
Section are limited without exception to textbooks for use in
any public school and that are secular, non-religious,
non-sectarian, and non-discriminatory as to any of the
characteristics under the Illinois Human Rights Act. Textbooks
authorized to be purchased under this Section must include the
roles and contributions of all people protected under the
Illinois Human Rights Act. Each public school district and
State-recognized, non-public school shall, subject to
appropriations for that purpose, receive a per pupil grant for
the purchase of secular and non-discriminatory textbooks. The
per pupil grant amount must be calculated by the State Board of
Education utilizing the total appropriation made for these

purposes divided by the most current student enrollment data
available.
(d) The State Board of Education may adopt rules as
necessary for the implementation of this Section and to ensure
the religious neutrality of the textbook block grant program,
as well as provide for the monitoring of all textbooks
authorized in this Section to be purchased directly by
State-recognized, nonpublic schools serving students in grades
kindergarten through 12.
(Source: P.A. 101-17, eff. 6-14-19; 101-227, eff. 7-1-20;
revised 8-4-20.)
(105 ILCS 5/2-3.159)
Sec. 2-3.159. State Seal of Biliteracy.
(a) In this Section, "foreign language" means any language
other than English, including all modern languages, Latin,
American Sign Language, Native American languages, and native
languages.
(b) The State Seal of Biliteracy program is established to
recognize public and non-public high school graduates who have
attained a high level of proficiency in one or more languages
in addition to English. School district and non-public school
participation in this program is voluntary.
(c) The purposes of the State Seal of Biliteracy are as
follows:
(1) To encourage pupils to study languages.

(2) To certify attainment of biliteracy.
(3) To provide employers with a method of identifying
people with language and biliteracy skills.
(4) To provide universities with an additional method
to recognize applicants seeking admission.
(5) To prepare pupils with 21st century skills.
(6) To recognize the value of foreign language and
native language instruction in public and non-public
schools.
(7) To strengthen intergroup relationships, affirm the
value of diversity, and honor the multiple cultures and
languages of a community.
(d) The State Seal of Biliteracy certifies attainment of a
high level of proficiency, sufficient for meaningful use in
college and a career, by a graduating public or non-public
high school pupil in one or more languages in addition to
English.
(e) The State Board of Education shall adopt such rules as
may be necessary to establish the criteria that pupils must
achieve to earn a State Seal of Biliteracy, which may include
without limitation attainment of units of credit in English
language arts and languages other than English and passage of
such assessments of foreign language proficiency as may be
approved by the State Board of Education for this purpose.
These rules shall ensure that the criteria that pupils must
achieve to earn a State Seal of Biliteracy meet the course

credit criteria established under subsection (i) of this
Section.
(e-5) To demonstrate sufficient English language
proficiency for eligibility to receive a State Seal of
Biliteracy under this Section, the State Board of Education
shall allow a pupil to provide his or her school district with
evidence of completion of any of the following, in accordance
with guidelines for proficiency adopted by the State Board:
(1) An AP (Advanced Placement) English Language and
Composition Exam.
(2) An English language arts dual credit course.
(3) Transitional coursework in English language arts
articulated in partnership with a public community college
as an ESSA (Every Student Succeeds Act) College and Career
Readiness Indicator.
(f) The State Board of Education shall do both of the
following:
(1) Prepare and deliver to participating school
districts and non-public schools an appropriate mechanism
for designating the State Seal of Biliteracy on the
diploma and transcript of the pupil indicating that the
pupil has been awarded a State Seal of Biliteracy by the
State Board of Education.
(2) Provide other information the State Board of
Education deems necessary for school districts and
non-public schools to successfully participate in the

program.
(g) A school district or non-public school that
participates in the program under this Section shall do both
of the following:
(1) Maintain appropriate records in order to identify
pupils who have earned a State Seal of Biliteracy.
(2) Make the appropriate designation on the diploma
and transcript of each pupil who earns a State Seal of
Biliteracy.
(h) No fee shall be charged to a pupil to receive the
designation pursuant to this Section. Notwithstanding this
prohibition, costs may be incurred by the pupil in
demonstrating proficiency, including without limitation any
assessments required under subsection (e) of this Section.
(i) For admissions purposes, each public university in
this State shall accept the State Seal of Biliteracy as
equivalent to 2 years of foreign language coursework taken
during high school if a student's high school transcript
indicates that he or she will be receiving or has received the
State Seal of Biliteracy.
(j) Each public community college and public university in
this State shall establish criteria to translate a State Seal
of Biliteracy into course credit based on foreign language
course equivalencies identified by the community college's or
university's faculty and staff and, upon request from an
enrolled student, the community college or university shall

award foreign language course credit to a student who has
received a State Seal of Biliteracy. Students enrolled in a
public community college or public university who have
received a State Seal of Biliteracy must request course credit
for their seal within 3 academic years after graduating from
high school.
(Source: P.A. 101-222, eff. 1-1-20; 101-503, eff. 8-23-19;
revised 9-9-19.)
(105 ILCS 5/2-3.176)
Sec. 2-3.176. Transfers to Governor's Grant Fund. In
addition to any other transfers that may be provided for by
law, the State Comptroller shall direct and the State
Treasurer shall transfer from the SBE Federal Agency Services
Fund and the SBE Federal Department of Education Fund into the
Governor's Grant Fund such amounts as may be directed in
writing by the State Board of Education.
(Source: P.A. 101-10, eff. 6-5-19.)
(105 ILCS 5/2-3.179)
Sec. 2-3.179 2-3.176. Work-based learning database.
(a) In this Section, "work-based learning" means an
educational strategy that provides students with real-life
work experiences in which they can apply academic and
technical skills and develop their employability.
(b) The State Board must develop a work-based learning

database to help facilitate relationships between school
districts and businesses and expand work-based learning in
this State.
(Source: P.A. 101-389, eff. 8-16-19; revised 10-21-19.)
(105 ILCS 5/2-3.180)
Sec. 2-3.180 2-3.176. School safety and security grants.
Subject to appropriation or private donations, the State Board
of Education shall award grants to school districts to support
school safety and security. Grant funds may be used for school
security improvements, including professional development,
safety-related upgrades to school buildings, equipment,
including metal detectors and x-ray machines, and facilities,
including school-based health centers. The State Board must
prioritize the distribution of grants under this Section to
school districts designated as Tier 1 or Tier 2 under Section
18-8.15.
(Source: P.A. 101-413, eff. 1-1-20; revised 10-21-19.)
(105 ILCS 5/2-3.181)
Sec. 2-3.181 2-3.176. Safe Schools and Healthy Learning
Environments Grant Program.
(a) The State Board of Education, subject to
appropriation, is authorized to award competitive grants on an
annual basis under a Safe Schools and Healthy Learning
Environments Grant Program. The goal of this grant program is

to promote school safety and healthy learning environments by
providing schools with additional resources to implement
restorative interventions and resolution strategies as
alternatives to exclusionary discipline, and to address the
full range of students' intellectual, social, emotional,
physical, psychological, and moral developmental needs.
(b) To receive a grant under this program, a school
district must submit with its grant application a plan for
implementing evidence-based and promising practices that are
aligned with the goal of this program. The application may
include proposals to (i) hire additional school support
personnel, including, but not limited to, restorative justice
practitioners, school psychologists, school social workers,
and other mental and behavioral health specialists; (ii) use
existing school-based resources, community-based resources, or
other experts and practitioners to expand alternatives to
exclusionary discipline, mental and behavioral health
supports, wraparound services, or drug and alcohol treatment;
and (iii) provide training for school staff on trauma-informed
approaches to meeting students' developmental needs,
addressing the effects of toxic stress, restorative justice
approaches, conflict resolution techniques, and the effective
utilization of school support personnel and community-based
services. For purposes of this subsection, "promising
practices" means practices that present, based on preliminary
information, potential for becoming evidence-based practices.

Grant funds may not be used to increase the use of
school-based law enforcement or security personnel. Nothing in
this Section shall prohibit school districts from involving
law enforcement personnel when necessary and allowed by law.
(c) The State Board of Education, subject to appropriation
for the grant program, shall annually disseminate a request
for applications to this program, and funds shall be
distributed annually. The criteria to be considered by the
State Board of Education in awarding the funds shall be (i) the
average ratio of school support personnel to students in the
target schools over the preceding 3 school years, with
priority given to applications with a demonstrated shortage of
school support personnel to meet student needs; and (ii) the
degree to which the proposal articulates a comprehensive
approach for reducing exclusionary discipline while building
safe and healthy learning environments. Priority shall be
given to school districts that meet the metrics under
subsection (b) of Section 2-3.162.
(d) The State Board of Education, subject to appropriation
for the grant program, shall produce an annual report on the
program in cooperation with the school districts participating
in the program. The report shall include available
quantitative information on the progress being made in
reducing exclusionary discipline and the effects of the
program on school safety and school climate. This report shall
be posted on the State Board of Education's website by October

31 of each year, beginning in 2020.
(e) The State Board of Education may adopt any rules
necessary for the implementation of this program.
(Source: P.A. 101-438, eff. 8-20-19; revised 10-21-19.)
(105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
Sec. 10-17a. State, school district, and school report
cards.
(1) By October 31, 2013 and October 31 of each subsequent
school year, the State Board of Education, through the State
Superintendent of Education, shall prepare a State report
card, school district report cards, and school report cards,
and shall by the most economic means provide to each school
district in this State, including special charter districts
and districts subject to the provisions of Article 34, the
report cards for the school district and each of its schools.
(2) In addition to any information required by federal
law, the State Superintendent shall determine the indicators
and presentation of the school report card, which must
include, at a minimum, the most current data collected and
maintained by the State Board of Education related to the
following:
(A) school characteristics and student demographics,
including average class size, average teaching experience,
student racial/ethnic breakdown, and the percentage of
students classified as low-income; the percentage of

students classified as English learners; the percentage of
students who have individualized education plans or 504
plans that provide for special education services; the
number and percentage of all students who have been
assessed for placement in a gifted education or advanced
academic program and, of those students: (i) the racial
and ethnic breakdown, (ii) the percentage who are
classified as low-income, and (iii) the number and
percentage of students who received direct instruction
from a teacher who holds a gifted education endorsement
and, of those students, the percentage who are classified
as low-income; the percentage of students scoring at the
"exceeds expectations" level on the assessments required
under Section 2-3.64a-5 of this Code; the percentage of
students who annually transferred in or out of the school
district; average daily attendance; the per-pupil
operating expenditure of the school district; and the
per-pupil State average operating expenditure for the
district type (elementary, high school, or unit);
(B) curriculum information, including, where
applicable, Advanced Placement, International
Baccalaureate or equivalent courses, dual enrollment
courses, foreign language classes, school personnel
resources (including Career Technical Education teachers),
before and after school programs, extracurricular
activities, subjects in which elective classes are

offered, health and wellness initiatives (including the
average number of days of Physical Education per week per
student), approved programs of study, awards received,
community partnerships, and special programs such as
programming for the gifted and talented, students with
disabilities, and work-study students;
(C) student outcomes, including, where applicable, the
percentage of students deemed proficient on assessments of
State standards, the percentage of students in the eighth
grade who pass Algebra, the percentage of students who
participated in workplace learning experiences, the
percentage of students enrolled in post-secondary
institutions (including colleges, universities, community
colleges, trade/vocational schools, and training programs
leading to career certification within 2 semesters of high
school graduation), the percentage of students graduating
from high school who are college and career ready, and the
percentage of graduates enrolled in community colleges,
colleges, and universities who are in one or more courses
that the community college, college, or university
identifies as a developmental course;
(D) student progress, including, where applicable, the
percentage of students in the ninth grade who have earned
5 credits or more without failing more than one core
class, a measure of students entering kindergarten ready
to learn, a measure of growth, and the percentage of

students who enter high school on track for college and
career readiness;
(E) the school environment, including, where
applicable, the percentage of students with less than 10
absences in a school year, the percentage of teachers with
less than 10 absences in a school year for reasons other
than professional development, leaves taken pursuant to
the federal Family Medical Leave Act of 1993, long-term
disability, or parental leaves, the 3-year average of the
percentage of teachers returning to the school from the
previous year, the number of different principals at the
school in the last 6 years, the number of teachers who hold
a gifted education endorsement, the process and criteria
used by the district to determine whether a student is
eligible for participation in a gifted education program
or advanced academic program and the manner in which
parents and guardians are made aware of the process and
criteria, 2 or more indicators from any school climate
survey selected or approved by the State and administered
pursuant to Section 2-3.153 of this Code, with the same or
similar indicators included on school report cards for all
surveys selected or approved by the State pursuant to
Section 2-3.153 of this Code, and the combined percentage
of teachers rated as proficient or excellent in their most
recent evaluation;
(F) a school district's and its individual schools'

balanced accountability measure, in accordance with
Section 2-3.25a of this Code;
(G) the total and per pupil normal cost amount the
State contributed to the Teachers' Retirement System of
the State of Illinois in the prior fiscal year for the
school's employees, which shall be reported to the State
Board of Education by the Teachers' Retirement System of
the State of Illinois;
(H) for a school district organized under Article 34
of this Code only, State contributions to the Public
School Teachers' Pension and Retirement Fund of Chicago
and State contributions for health care for employees of
that school district;
(I) a school district's Final Percent of Adequacy, as
defined in paragraph (4) of subsection (f) of Section
18-8.15 of this Code;
(J) a school district's Local Capacity Target, as
defined in paragraph (2) of subsection (c) of Section
18-8.15 of this Code, displayed as a percentage amount;
(K) a school district's Real Receipts, as defined in
paragraph (1) of subsection (d) of Section 18-8.15 of this
Code, divided by a school district's Adequacy Target, as
defined in paragraph (1) of subsection (b) of Section
18-8.15 of this Code, displayed as a percentage amount;
(L) a school district's administrative costs; and
(M) whether or not the school has participated in the

Illinois Youth Survey. In this paragraph (M), "Illinois
Youth Survey" means a self-report survey, administered in
school settings every 2 years, designed to gather
information about health and social indicators, including
substance abuse patterns and the attitudes of students in
grades 8, 10, and 12; and
(N) whether the school offered its students career and
technical education opportunities.
The school report card shall also provide information that
allows for comparing the current outcome, progress, and
environment data to the State average, to the school data from
the past 5 years, and to the outcomes, progress, and
environment of similar schools based on the type of school and
enrollment of low-income students, special education students,
and English learners.
As used in this subsection (2):
"Administrative costs" means costs associated with
executive, administrative, or managerial functions within the
school district that involve planning, organizing, managing,
or directing the school district.
"Advanced academic program" means a course of study to
which students are assigned based on advanced cognitive
ability or advanced academic achievement compared to local age
peers and in which the curriculum is substantially
differentiated from the general curriculum to provide
appropriate challenge and pace.

"Gifted education" means educational services, including
differentiated curricula and instructional methods, designed
to meet the needs of gifted children as defined in Article 14A
of this Code.
For the purposes of paragraph (A) of this subsection (2),
"average daily attendance" means the average of the actual
number of attendance days during the previous school year for
any enrolled student who is subject to compulsory attendance
by Section 26-1 of this Code at each school and charter school.
(3) At the discretion of the State Superintendent, the
school district report card shall include a subset of the
information identified in paragraphs (A) through (E) of
subsection (2) of this Section, as well as information
relating to the operating expense per pupil and other finances
of the school district, and the State report card shall
include a subset of the information identified in paragraphs
(A) through (E) and paragraph (N) of subsection (2) of this
Section. The school district report card shall include the
average daily attendance, as that term is defined in
subsection (2) of this Section, of students who have
individualized education programs and students who have 504
plans that provide for special education services within the
school district.
(4) Notwithstanding anything to the contrary in this
Section, in consultation with key education stakeholders, the
State Superintendent shall at any time have the discretion to

amend or update any and all metrics on the school, district, or
State report card.
(5) Annually, no more than 30 calendar days after receipt
of the school district and school report cards from the State
Superintendent of Education, each school district, including
special charter districts and districts subject to the
provisions of Article 34, shall present such report cards at a
regular school board meeting subject to applicable notice
requirements, post the report cards on the school district's
Internet web site, if the district maintains an Internet web
site, make the report cards available to a newspaper of
general circulation serving the district, and, upon request,
send the report cards home to a parent (unless the district
does not maintain an Internet web site, in which case the
report card shall be sent home to parents without request). If
the district posts the report card on its Internet web site,
the district shall send a written notice home to parents
stating (i) that the report card is available on the web site,
(ii) the address of the web site, (iii) that a printed copy of
the report card will be sent to parents upon request, and (iv)
the telephone number that parents may call to request a
printed copy of the report card.
(6) Nothing contained in Public Act 98-648 repeals,
supersedes, invalidates, or nullifies final decisions in
lawsuits pending on July 1, 2014 (the effective date of Public
Act 98-648) in Illinois courts involving the interpretation of

Public Act 97-8.
(Source: P.A. 100-227, eff. 8-18-17; 100-364, eff. 1-1-18;
100-448, eff. 7-1-19; 100-465, eff. 8-31-17; 100-807, eff.
8-10-18; 100-863, eff. 8-14-18; 100-1121, eff. 1-1-19; 101-68,
eff. 1-1-20; 101-81, eff. 7-12-19; revised 9-9-19.)
(105 ILCS 5/10-20.5b) (from Ch. 122, par. 10-20.5b)
Sec. 10-20.5b. Tobacco prohibition. Each school board
shall prohibit the use of tobacco on school property by any
school personnel, student, or other person when such property
is being used for any school purposes. The school board may not
authorize or permit any exception to or exemption from the
prohibition at any place or at any time, including, without
limitation, outside of school buildings or before or after the
regular school day or on days when school is not in session.
"School purposes" includes, but is include but are not limited
to, all events or activities or other use of school property
that the school board or school officials authorize or permit
on school property, including, without limitation, all
interscholastic or extracurricular athletic, academic, or
other events sponsored by the school board or in which pupils
of the district participate. For purposes of this Section
"tobacco" shall mean a cigarette, a cigar, or tobacco in any
other form, including smokeless tobacco which is any loose,
cut, shredded, ground, powdered, compressed, or leaf tobacco
that is intended to be placed in the mouth without being

smoked.
(Source: P.A. 89-181, eff. 7-19-95; revised 12-21-20.)
(105 ILCS 5/10-20.69)
Sec. 10-20.69. Policy on sexual harassment. Each school
district must create, maintain, and implement an
age-appropriate policy on sexual harassment that must be
posted on the school district's website and, if applicable,
any other area where policies, rules, and standards of conduct
are currently posted in each school and must also be included
in the school district's student code of conduct handbook.
(Source: P.A. 101-418, eff. 1-1-20.)
(105 ILCS 5/10-20.70)
Sec. 10-20.70 10-20.69. Class size reporting. No later
than November 16, 2020, and annually thereafter, each school
district must report to the State Board of Education
information on the school district described under subsection
(b) of Section 2-3.136a and must make that information
available on its website.
(Source: P.A. 101-451, eff. 1-1-20; revised 10-21-19.)
(105 ILCS 5/10-20.71)
Sec. 10-20.71 10-20.69. Sexual abuse investigations at
schools. Every 2 years, each school district must review all
existing policies and procedures concerning sexual abuse

investigations at schools to ensure consistency with Section
22-85.
(Source: P.A. 101-531, eff. 8-23-19; revised 10-21-19.)
(105 ILCS 5/10-20.72)
Sec. 10-20.72 10-20.69. Door security locking means.
(a) In this Section, "door security locking means" means a
door locking means intended for use by a trained school
district employee in a school building for the purpose of
preventing ingress through a door of the building.
(b) A school district may install a door security locking
means on a door of a school building to prevent unwanted entry
through the door if all of the following requirements are met:
(1) The door security locking means can be engaged
without opening the door.
(2) The unlocking and unlatching of the door security
locking means from the occupied side of the door can be
accomplished without the use of a key or tool.
(3) The door security locking means complies with all
applicable State and federal accessibility requirements.
(4) Locks, if remotely engaged, can be unlocked from
the occupied side.
(5) The door security locking means is capable of
being disengaged from the outside by school district
employees, and school district employees may use a key or
other credentials to unlock the door from the outside.

(6) The door security locking means does not modify
the door-closing hardware, panic hardware, or fire exit
hardware.
(7) Any bolts, stops, brackets, or pins employed by
the door security locking means do not affect the fire
rating of a fire door assembly.
(8) School district employees are trained in the
engagement and release of the door security locking means,
from within and outside the room, as part of the emergency
response plan.
(9) For doors installed before July 1, 2019 only, the
unlocking and unlatching of a door security locking means
requires no more than 2 releasing operations. For doors
installed on or after July 1, 2019, the unlocking and
unlatching of a door security locking means requires no
more than one releasing operation. If doors installed
before July 1, 2019 are replaced on or after July 1, 2019,
the unlocking and unlatching of a door security locking
means on the replacement door requires no more than one
releasing operation.
(10) The door security locking means is no more than
48 inches above the finished floor.
(11) The door security locking means otherwise
complies with the school building code prepared by the
State Board of Education under Section 2-3.12.
A school district may install a door security locking

means that does not comply with paragraph (3) or (10) of this
subsection if (i) the school district meets all other
requirements under this subsection and (ii) prior to its
installation, local law enforcement officials, the local fire
department, and the school board agree, in writing, to the
installation and use of the door security locking means. The
school district must keep the agreement on file and must, upon
request, provide the agreement to its regional office of
education. The agreement must be included in the school
district's filed school safety plan under the School Safety
Drill Act.
(c) A school district must include the location of any
door security locking means and must address the use of the
locking and unlocking means from within and outside the room
in its filed school safety plan under the School Safety Drill
Act. Local law enforcement officials and the local fire
department must be notified of the location of any door
security locking means and how to disengage it. Any specific
tool needed to disengage the door security locking means from
the outside of the room must, upon request, be made available
to local law enforcement officials and the local fire
department.
(d) A door security locking means may be used only (i) by a
school district employee trained under subsection (e), (ii)
during an emergency that threatens the health and safety of
students and employees or during an active shooter drill, and

(iii) when local law enforcement officials and the local fire
department have been notified of its installation prior to its
use. The door security locking means must be engaged for a
finite period of time in accordance with the school district's
school safety plan adopted under the School Safety Drill Act.
(e) A school district that has installed a door security
locking means shall conduct an in-service training program for
school district employees on the proper use of the door
security locking means. The school district shall keep a file
verifying the employees who have completed the program and
must, upon request, provide the file to its regional office of
education and the local fire department and local law
enforcement agency.
(f) A door security locking means that requires 2
releasing operations must be discontinued from use when the
door is replaced or is a part of new construction. Replacement
and new construction door hardware must include mortise locks,
compliant with the applicable building code, and must be
lockable from the occupied side without opening the door.
However, mortise locks are not required if panic hardware or
fire exit hardware is required.
(Source: P.A. 101-548, eff. 8-23-19; revised 10-21-19.)
(105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
Sec. 14-8.02. Identification, evaluation, and placement of
children.

(a) The State Board of Education shall make rules under
which local school boards shall determine the eligibility of
children to receive special education. Such rules shall ensure
that a free appropriate public education be available to all
children with disabilities as defined in Section 14-1.02. The
State Board of Education shall require local school districts
to administer non-discriminatory procedures or tests to
English learners coming from homes in which a language other
than English is used to determine their eligibility to receive
special education. The placement of low English proficiency
students in special education programs and facilities shall be
made in accordance with the test results reflecting the
student's linguistic, cultural and special education needs.
For purposes of determining the eligibility of children the
State Board of Education shall include in the rules
definitions of "case study", "staff conference",
"individualized educational program", and "qualified
specialist" appropriate to each category of children with
disabilities as defined in this Article. For purposes of
determining the eligibility of children from homes in which a
language other than English is used, the State Board of
Education shall include in the rules definitions for
"qualified bilingual specialists" and "linguistically and
culturally appropriate individualized educational programs".
For purposes of this Section, as well as Sections 14-8.02a,
14-8.02b, and 14-8.02c of this Code, "parent" means a parent

as defined in the federal Individuals with Disabilities
Education Act (20 U.S.C. 1401(23)).
(b) No child shall be eligible for special education
facilities except with a carefully completed case study fully
reviewed by professional personnel in a multidisciplinary
staff conference and only upon the recommendation of qualified
specialists or a qualified bilingual specialist, if available.
At the conclusion of the multidisciplinary staff conference,
the parent of the child shall be given a copy of the
multidisciplinary conference summary report and
recommendations, which includes options considered, and be
informed of his or her their right to obtain an independent
educational evaluation if he or she disagrees they disagree
with the evaluation findings conducted or obtained by the
school district. If the school district's evaluation is shown
to be inappropriate, the school district shall reimburse the
parent for the cost of the independent evaluation. The State
Board of Education shall, with advice from the State Advisory
Council on Education of Children with Disabilities on the
inclusion of specific independent educational evaluators,
prepare a list of suggested independent educational
evaluators. The State Board of Education shall include on the
list clinical psychologists licensed pursuant to the Clinical
Psychologist Licensing Act. Such psychologists shall not be
paid fees in excess of the amount that would be received by a
school psychologist for performing the same services. The

State Board of Education shall supply school districts with
such list and make the list available to parents at their
request. School districts shall make the list available to
parents at the time they are informed of their right to obtain
an independent educational evaluation. However, the school
district may initiate an impartial due process hearing under
this Section within 5 days of any written parent request for an
independent educational evaluation to show that its evaluation
is appropriate. If the final decision is that the evaluation
is appropriate, the parent still has a right to an independent
educational evaluation, but not at public expense. An
independent educational evaluation at public expense must be
completed within 30 days of a parent written request unless
the school district initiates an impartial due process hearing
or the parent or school district offers reasonable grounds to
show that such 30-day 30 day time period should be extended. If
the due process hearing decision indicates that the parent is
entitled to an independent educational evaluation, it must be
completed within 30 days of the decision unless the parent or
the school district offers reasonable grounds to show that
such 30-day 30 day period should be extended. If a parent
disagrees with the summary report or recommendations of the
multidisciplinary conference or the findings of any
educational evaluation which results therefrom, the school
district shall not proceed with a placement based upon such
evaluation and the child shall remain in his or her regular

classroom setting. No child shall be eligible for admission to
a special class for children with a mental disability who are
educable or for children with a mental disability who are
trainable except with a psychological evaluation and
recommendation by a school psychologist. Consent shall be
obtained from the parent of a child before any evaluation is
conducted. If consent is not given by the parent or if the
parent disagrees with the findings of the evaluation, then the
school district may initiate an impartial due process hearing
under this Section. The school district may evaluate the child
if that is the decision resulting from the impartial due
process hearing and the decision is not appealed or if the
decision is affirmed on appeal. The determination of
eligibility shall be made and the IEP meeting shall be
completed within 60 school days from the date of written
parental consent. In those instances when written parental
consent is obtained with fewer than 60 pupil attendance days
left in the school year, the eligibility determination shall
be made and the IEP meeting shall be completed prior to the
first day of the following school year. Special education and
related services must be provided in accordance with the
student's IEP no later than 10 school attendance days after
notice is provided to the parents pursuant to Section 300.503
of Title 34 of the Code of Federal Regulations and
implementing rules adopted by the State Board of Education.
The appropriate program pursuant to the individualized

educational program of students whose native tongue is a
language other than English shall reflect the special
education, cultural and linguistic needs. No later than
September 1, 1993, the State Board of Education shall
establish standards for the development, implementation and
monitoring of appropriate bilingual special individualized
educational programs. The State Board of Education shall
further incorporate appropriate monitoring procedures to
verify implementation of these standards. The district shall
indicate to the parent and the State Board of Education the
nature of the services the child will receive for the regular
school term while waiting placement in the appropriate special
education class. At the child's initial IEP meeting and at
each annual review meeting, the child's IEP team shall provide
the child's parent or guardian with a written notification
that informs the parent or guardian that the IEP team is
required to consider whether the child requires assistive
technology in order to receive free, appropriate public
education. The notification must also include a toll-free
telephone number and internet address for the State's
assistive technology program.
If the child is deaf, hard of hearing, blind, or visually
impaired and he or she might be eligible to receive services
from the Illinois School for the Deaf or the Illinois School
for the Visually Impaired, the school district shall notify
the parents, in writing, of the existence of these schools and

the services they provide and shall make a reasonable effort
to inform the parents of the existence of other, local schools
that provide similar services and the services that these
other schools provide. This notification shall include without
limitation information on school services, school admissions
criteria, and school contact information.
In the development of the individualized education program
for a student who has a disability on the autism spectrum
(which includes autistic disorder, Asperger's disorder,
pervasive developmental disorder not otherwise specified,
childhood disintegrative disorder, and Rett Syndrome, as
defined in the Diagnostic and Statistical Manual of Mental
Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
consider all of the following factors:
(1) The verbal and nonverbal communication needs of
the child.
(2) The need to develop social interaction skills and
proficiencies.
(3) The needs resulting from the child's unusual
responses to sensory experiences.
(4) The needs resulting from resistance to
environmental change or change in daily routines.
(5) The needs resulting from engagement in repetitive
activities and stereotyped movements.
(6) The need for any positive behavioral
interventions, strategies, and supports to address any

behavioral difficulties resulting from autism spectrum
disorder.
(7) Other needs resulting from the child's disability
that impact progress in the general curriculum, including
social and emotional development.
Public Act 95-257 does not create any new entitlement to a
service, program, or benefit, but must not affect any
entitlement to a service, program, or benefit created by any
other law.
If the student may be eligible to participate in the
Home-Based Support Services Program for Adults with Mental
Disabilities authorized under the Developmental Disability and
Mental Disability Services Act upon becoming an adult, the
student's individualized education program shall include plans
for (i) determining the student's eligibility for those
home-based services, (ii) enrolling the student in the program
of home-based services, and (iii) developing a plan for the
student's most effective use of the home-based services after
the student becomes an adult and no longer receives special
educational services under this Article. The plans developed
under this paragraph shall include specific actions to be
taken by specified individuals, agencies, or officials.
(c) In the development of the individualized education
program for a student who is functionally blind, it shall be
presumed that proficiency in Braille reading and writing is
essential for the student's satisfactory educational progress.

For purposes of this subsection, the State Board of Education
shall determine the criteria for a student to be classified as
functionally blind. Students who are not currently identified
as functionally blind who are also entitled to Braille
instruction include: (i) those whose vision loss is so severe
that they are unable to read and write at a level comparable to
their peers solely through the use of vision, and (ii) those
who show evidence of progressive vision loss that may result
in functional blindness. Each student who is functionally
blind shall be entitled to Braille reading and writing
instruction that is sufficient to enable the student to
communicate with the same level of proficiency as other
students of comparable ability. Instruction should be provided
to the extent that the student is physically and cognitively
able to use Braille. Braille instruction may be used in
combination with other special education services appropriate
to the student's educational needs. The assessment of each
student who is functionally blind for the purpose of
developing the student's individualized education program
shall include documentation of the student's strengths and
weaknesses in Braille skills. Each person assisting in the
development of the individualized education program for a
student who is functionally blind shall receive information
describing the benefits of Braille instruction. The
individualized education program for each student who is
functionally blind shall specify the appropriate learning

medium or media based on the assessment report.
(d) To the maximum extent appropriate, the placement shall
provide the child with the opportunity to be educated with
children who do not have a disability; provided that children
with disabilities who are recommended to be placed into
regular education classrooms are provided with supplementary
services to assist the children with disabilities to benefit
from the regular classroom instruction and are included on the
teacher's regular education class register. Subject to the
limitation of the preceding sentence, placement in special
classes, separate schools or other removal of the child with a
disability from the regular educational environment shall
occur only when the nature of the severity of the disability is
such that education in the regular classes with the use of
supplementary aids and services cannot be achieved
satisfactorily. The placement of English learners with
disabilities shall be in non-restrictive environments which
provide for integration with peers who do not have
disabilities in bilingual classrooms. Annually, each January,
school districts shall report data on students from
non-English speaking backgrounds receiving special education
and related services in public and private facilities as
prescribed in Section 2-3.30. If there is a disagreement
between parties involved regarding the special education
placement of any child, either in-state or out-of-state, the
placement is subject to impartial due process procedures

described in Article 10 of the Rules and Regulations to Govern
the Administration and Operation of Special Education.
(e) No child who comes from a home in which a language
other than English is the principal language used may be
assigned to any class or program under this Article until he
has been given, in the principal language used by the child and
used in his home, tests reasonably related to his cultural
environment. All testing and evaluation materials and
procedures utilized for evaluation and placement shall not be
linguistically, racially or culturally discriminatory.
(f) Nothing in this Article shall be construed to require
any child to undergo any physical examination or medical
treatment whose parents object thereto on the grounds that
such examination or treatment conflicts with his religious
beliefs.
(g) School boards or their designee shall provide to the
parents of a child prior written notice of any decision (a)
proposing to initiate or change, or (b) refusing to initiate
or change, the identification, evaluation, or educational
placement of the child or the provision of a free appropriate
public education to their child, and the reasons therefor.
Such written notification shall also inform the parent of the
opportunity to present complaints with respect to any matter
relating to the educational placement of the student, or the
provision of a free appropriate public education and to have
an impartial due process hearing on the complaint. The notice

shall inform the parents in the parents' native language,
unless it is clearly not feasible to do so, of their rights and
all procedures available pursuant to this Act and the federal
Individuals with Disabilities Education Improvement Act of
2004 (Public Law 108-446); it shall be the responsibility of
the State Superintendent to develop uniform notices setting
forth the procedures available under this Act and the federal
Individuals with Disabilities Education Improvement Act of
2004 (Public Law 108-446) to be used by all school boards. The
notice shall also inform the parents of the availability upon
request of a list of free or low-cost legal and other relevant
services available locally to assist parents in initiating an
impartial due process hearing. The State Superintendent shall
revise the uniform notices required by this subsection (g) to
reflect current law and procedures at least once every 2
years. Any parent who is deaf, or does not normally
communicate using spoken English, who participates in a
meeting with a representative of a local educational agency
for the purposes of developing an individualized educational
program shall be entitled to the services of an interpreter.
The State Board of Education must adopt rules to establish the
criteria, standards, and competencies for a bilingual language
interpreter who attends an individualized education program
meeting under this subsection to assist a parent who has
limited English proficiency.
(g-5) For purposes of this subsection (g-5), "qualified

professional" means an individual who holds credentials to
evaluate the child in the domain or domains for which an
evaluation is sought or an intern working under the direct
supervision of a qualified professional, including a master's
or doctoral degree candidate.
To ensure that a parent can participate fully and
effectively with school personnel in the development of
appropriate educational and related services for his or her
child, the parent, an independent educational evaluator, or a
qualified professional retained by or on behalf of a parent or
child must be afforded reasonable access to educational
facilities, personnel, classrooms, and buildings and to the
child as provided in this subsection (g-5). The requirements
of this subsection (g-5) apply to any public school facility,
building, or program and to any facility, building, or program
supported in whole or in part by public funds. Prior to
visiting a school, school building, or school facility, the
parent, independent educational evaluator, or qualified
professional may be required by the school district to inform
the building principal or supervisor in writing of the
proposed visit, the purpose of the visit, and the approximate
duration of the visit. The visitor and the school district
shall arrange the visit or visits at times that are mutually
agreeable. Visitors shall comply with school safety, security,
and visitation policies at all times. School district
visitation policies must not conflict with this subsection

(g-5). Visitors shall be required to comply with the
requirements of applicable privacy laws, including those laws
protecting the confidentiality of education records such as
the federal Family Educational Rights and Privacy Act and the
Illinois School Student Records Act. The visitor shall not
disrupt the educational process.
(1) A parent must be afforded reasonable access of
sufficient duration and scope for the purpose of observing
his or her child in the child's current educational
placement, services, or program or for the purpose of
visiting an educational placement or program proposed for
the child.
(2) An independent educational evaluator or a
qualified professional retained by or on behalf of a
parent or child must be afforded reasonable access of
sufficient duration and scope for the purpose of
conducting an evaluation of the child, the child's
performance, the child's current educational program,
placement, services, or environment, or any educational
program, placement, services, or environment proposed for
the child, including interviews of educational personnel,
child observations, assessments, tests or assessments of
the child's educational program, services, or placement or
of any proposed educational program, services, or
placement. If one or more interviews of school personnel
are part of the evaluation, the interviews must be

conducted at a mutually agreed upon time, date, and place
that do not interfere with the school employee's school
duties. The school district may limit interviews to
personnel having information relevant to the child's
current educational services, program, or placement or to
a proposed educational service, program, or placement.
(h) (Blank).
(i) (Blank).
(j) (Blank).
(k) (Blank).
(l) (Blank).
(m) (Blank).
(n) (Blank).
(o) (Blank).
(Source: P.A. 100-122, eff. 8-18-17; 100-863, eff. 8-14-18;
100-993, eff. 8-20-18; 101-124, eff. 1-1-20; revised 9-26-19.)
(105 ILCS 5/18-8.15)
Sec. 18-8.15. Evidence-Based Funding for student success
for the 2017-2018 and subsequent school years.
(a) General provisions.
(1) The purpose of this Section is to ensure that, by
June 30, 2027 and beyond, this State has a kindergarten
through grade 12 public education system with the capacity
to ensure the educational development of all persons to
the limits of their capacities in accordance with Section

1 of Article X of the Constitution of the State of
Illinois. To accomplish that objective, this Section
creates a method of funding public education that is
evidence-based; is sufficient to ensure every student
receives a meaningful opportunity to learn irrespective of
race, ethnicity, sexual orientation, gender, or
community-income level; and is sustainable and
predictable. When fully funded under this Section, every
school shall have the resources, based on what the
evidence indicates is needed, to:
(A) provide all students with a high quality
education that offers the academic, enrichment, social
and emotional support, technical, and career-focused
programs that will allow them to become competitive
workers, responsible parents, productive citizens of
this State, and active members of our national
democracy;
(B) ensure all students receive the education they
need to graduate from high school with the skills
required to pursue post-secondary education and
training for a rewarding career;
(C) reduce, with a goal of eliminating, the
achievement gap between at-risk and non-at-risk
students by raising the performance of at-risk
students and not by reducing standards; and
(D) ensure this State satisfies its obligation to

assume the primary responsibility to fund public
education and simultaneously relieve the
disproportionate burden placed on local property taxes
to fund schools.
(2) The Evidence-Based Funding formula under this
Section shall be applied to all Organizational Units in
this State. The Evidence-Based Funding formula outlined in
this Act is based on the formula outlined in Senate Bill 1
of the 100th General Assembly, as passed by both
legislative chambers. As further defined and described in
this Section, there are 4 major components of the
Evidence-Based Funding model:
(A) First, the model calculates a unique Adequacy
Target for each Organizational Unit in this State that
considers the costs to implement research-based
activities, the unit's student demographics, and
regional wage differences.
(B) Second, the model calculates each
Organizational Unit's Local Capacity, or the amount
each Organizational Unit is assumed to contribute
toward its Adequacy Target from local resources.
(C) Third, the model calculates how much funding
the State currently contributes to the Organizational
Unit and adds that to the unit's Local Capacity to
determine the unit's overall current adequacy of
funding.

(D) Finally, the model's distribution method
allocates new State funding to those Organizational
Units that are least well-funded, considering both
Local Capacity and State funding, in relation to their
Adequacy Target.
(3) An Organizational Unit receiving any funding under
this Section may apply those funds to any fund so received
for which that Organizational Unit is authorized to make
expenditures by law.
(4) As used in this Section, the following terms shall
have the meanings ascribed in this paragraph (4):
"Adequacy Target" is defined in paragraph (1) of
subsection (b) of this Section.
"Adjusted EAV" is defined in paragraph (4) of
subsection (d) of this Section.
"Adjusted Local Capacity Target" is defined in
paragraph (3) of subsection (c) of this Section.
"Adjusted Operating Tax Rate" means a tax rate for all
Organizational Units, for which the State Superintendent
shall calculate and subtract for the Operating Tax Rate a
transportation rate based on total expenses for
transportation services under this Code, as reported on
the most recent Annual Financial Report in Pupil
Transportation Services, function 2550 in both the
Education and Transportation funds and functions 4110 and
4120 in the Transportation fund, less any corresponding

fiscal year State of Illinois scheduled payments excluding
net adjustments for prior years for regular, vocational,
or special education transportation reimbursement pursuant
to Section 29-5 or subsection (b) of Section 14-13.01 of
this Code divided by the Adjusted EAV. If an
Organizational Unit's corresponding fiscal year State of
Illinois scheduled payments excluding net adjustments for
prior years for regular, vocational, or special education
transportation reimbursement pursuant to Section 29-5 or
subsection (b) of Section 14-13.01 of this Code exceed the
total transportation expenses, as defined in this
paragraph, no transportation rate shall be subtracted from
the Operating Tax Rate.
"Allocation Rate" is defined in paragraph (3) of
subsection (g) of this Section.
"Alternative School" means a public school that is
created and operated by a regional superintendent of
schools and approved by the State Board.
"Applicable Tax Rate" is defined in paragraph (1) of
subsection (d) of this Section.
"Assessment" means any of those benchmark, progress
monitoring, formative, diagnostic, and other assessments,
in addition to the State accountability assessment, that
assist teachers' needs in understanding the skills and
meeting the needs of the students they serve.
"Assistant principal" means a school administrator

duly endorsed to be employed as an assistant principal in
this State.
"At-risk student" means a student who is at risk of
not meeting the Illinois Learning Standards or not
graduating from elementary or high school and who
demonstrates a need for vocational support or social
services beyond that provided by the regular school
program. All students included in an Organizational Unit's
Low-Income Count, as well as all English learner and
disabled students attending the Organizational Unit, shall
be considered at-risk students under this Section.
"Average Student Enrollment" or "ASE" for fiscal year
2018 means, for an Organizational Unit, the greater of the
average number of students (grades K through 12) reported
to the State Board as enrolled in the Organizational Unit
on October 1 in the immediately preceding school year,
plus the pre-kindergarten students who receive special
education services of 2 or more hours a day as reported to
the State Board on December 1 in the immediately preceding
school year, or the average number of students (grades K
through 12) reported to the State Board as enrolled in the
Organizational Unit on October 1, plus the
pre-kindergarten students who receive special education
services of 2 or more hours a day as reported to the State
Board on December 1, for each of the immediately preceding
3 school years. For fiscal year 2019 and each subsequent

fiscal year, "Average Student Enrollment" or "ASE" means,
for an Organizational Unit, the greater of the average
number of students (grades K through 12) reported to the
State Board as enrolled in the Organizational Unit on
October 1 and March 1 in the immediately preceding school
year, plus the pre-kindergarten students who receive
special education services as reported to the State Board
on October 1 and March 1 in the immediately preceding
school year, or the average number of students (grades K
through 12) reported to the State Board as enrolled in the
Organizational Unit on October 1 and March 1, plus the
pre-kindergarten students who receive special education
services as reported to the State Board on October 1 and
March 1, for each of the immediately preceding 3 school
years. For the purposes of this definition, "enrolled in
the Organizational Unit" means the number of students
reported to the State Board who are enrolled in schools
within the Organizational Unit that the student attends or
would attend if not placed or transferred to another
school or program to receive needed services. For the
purposes of calculating "ASE", all students, grades K
through 12, excluding those attending kindergarten for a
half day and students attending an alternative education
program operated by a regional office of education or
intermediate service center, shall be counted as 1.0. All
students attending kindergarten for a half day shall be

counted as 0.5, unless in 2017 by June 15 or by March 1 in
subsequent years, the school district reports to the State
Board of Education the intent to implement full-day
kindergarten district-wide for all students, then all
students attending kindergarten shall be counted as 1.0.
Special education pre-kindergarten students shall be
counted as 0.5 each. If the State Board does not collect or
has not collected both an October 1 and March 1 enrollment
count by grade or a December 1 collection of special
education pre-kindergarten students as of August 31, 2017
(the effective date of Public Act 100-465), it shall
establish such collection for all future years. For any
year in which a count by grade level was collected only
once, that count shall be used as the single count
available for computing a 3-year average ASE. Funding for
programs operated by a regional office of education or an
intermediate service center must be calculated using the
Evidence-Based Funding formula under this Section for the
2019-2020 school year and each subsequent school year
until separate adequacy formulas are developed and adopted
for each type of program. ASE for a program operated by a
regional office of education or an intermediate service
center must be determined by the March 1 enrollment for
the program. For the 2019-2020 school year, the ASE used
in the calculation must be the first-year ASE and, in that
year only, the assignment of students served by a regional

office of education or intermediate service center shall
not result in a reduction of the March enrollment for any
school district. For the 2020-2021 school year, the ASE
must be the greater of the current-year ASE or the 2-year
average ASE. Beginning with the 2021-2022 school year, the
ASE must be the greater of the current-year ASE or the
3-year average ASE. School districts shall submit the data
for the ASE calculation to the State Board within 45 days
of the dates required in this Section for submission of
enrollment data in order for it to be included in the ASE
calculation. For fiscal year 2018 only, the ASE
calculation shall include only enrollment taken on October
1.
"Base Funding Guarantee" is defined in paragraph (10)
of subsection (g) of this Section.
"Base Funding Minimum" is defined in subsection (e) of
this Section.
"Base Tax Year" means the property tax levy year used
to calculate the Budget Year allocation of primary State
aid.
"Base Tax Year's Extension" means the product of the
equalized assessed valuation utilized by the county clerk
in the Base Tax Year multiplied by the limiting rate as
calculated by the county clerk and defined in PTELL.
"Bilingual Education Allocation" means the amount of
an Organizational Unit's final Adequacy Target

attributable to bilingual education divided by the
Organizational Unit's final Adequacy Target, the product
of which shall be multiplied by the amount of new funding
received pursuant to this Section. An Organizational
Unit's final Adequacy Target attributable to bilingual
education shall include all additional investments in
English learner students' adequacy elements.
"Budget Year" means the school year for which primary
State aid is calculated and awarded under this Section.
"Central office" means individual administrators and
support service personnel charged with managing the
instructional programs, business and operations, and
security of the Organizational Unit.
"Comparable Wage Index" or "CWI" means a regional cost
differentiation metric that measures systemic, regional
variations in the salaries of college graduates who are
not educators. The CWI utilized for this Section shall,
for the first 3 years of Evidence-Based Funding
implementation, be the CWI initially developed by the
National Center for Education Statistics, as most recently
updated by Texas A & M University. In the fourth and
subsequent years of Evidence-Based Funding implementation,
the State Superintendent shall re-determine the CWI using
a similar methodology to that identified in the Texas A & M
University study, with adjustments made no less frequently
than once every 5 years.

"Computer technology and equipment" means computers
servers, notebooks, network equipment, copiers, printers,
instructional software, security software, curriculum
management courseware, and other similar materials and
equipment.
"Computer technology and equipment investment
allocation" means the final Adequacy Target amount of an
Organizational Unit assigned to Tier 1 or Tier 2 in the
prior school year attributable to the additional $285.50
per student computer technology and equipment investment
grant divided by the Organizational Unit's final Adequacy
Target, the result of which shall be multiplied by the
amount of new funding received pursuant to this Section.
An Organizational Unit assigned to a Tier 1 or Tier 2 final
Adequacy Target attributable to the received computer
technology and equipment investment grant shall include
all additional investments in computer technology and
equipment adequacy elements.
"Core subject" means mathematics; science; reading,
English, writing, and language arts; history and social
studies; world languages; and subjects taught as Advanced
Placement in high schools.
"Core teacher" means a regular classroom teacher in
elementary schools and teachers of a core subject in
middle and high schools.
"Core Intervention teacher (tutor)" means a licensed

teacher providing one-on-one or small group tutoring to
students struggling to meet proficiency in core subjects.
"CPPRT" means corporate personal property replacement
tax funds paid to an Organizational Unit during the
calendar year one year before the calendar year in which a
school year begins, pursuant to "An Act in relation to the
abolition of ad valorem personal property tax and the
replacement of revenues lost thereby, and amending and
repealing certain Acts and parts of Acts in connection
therewith", certified August 14, 1979, as amended (Public
Act 81-1st S.S.-1).
"EAV" means equalized assessed valuation as defined in
paragraph (2) of subsection (d) of this Section and
calculated in accordance with paragraph (3) of subsection
(d) of this Section.
"ECI" means the Bureau of Labor Statistics' national
employment cost index for civilian workers in educational
services in elementary and secondary schools on a
cumulative basis for the 12-month calendar year preceding
the fiscal year of the Evidence-Based Funding calculation.
"EIS Data" means the employment information system
data maintained by the State Board on educators within
Organizational Units.
"Employee benefits" means health, dental, and vision
insurance offered to employees of an Organizational Unit,
the costs associated with the statutorily required payment

of the normal cost of the Organizational Unit's teacher
pensions, Social Security employer contributions, and
Illinois Municipal Retirement Fund employer contributions.
"English learner" or "EL" means a child included in
the definition of "English learners" under Section 14C-2
of this Code participating in a program of transitional
bilingual education or a transitional program of
instruction meeting the requirements and program
application procedures of Article 14C of this Code. For
the purposes of collecting the number of EL students
enrolled, the same collection and calculation methodology
as defined above for "ASE" shall apply to English
learners, with the exception that EL student enrollment
shall include students in grades pre-kindergarten through
12.
"Essential Elements" means those elements, resources,
and educational programs that have been identified through
academic research as necessary to improve student success,
improve academic performance, close achievement gaps, and
provide for other per student costs related to the
delivery and leadership of the Organizational Unit, as
well as the maintenance and operations of the unit, and
which are specified in paragraph (2) of subsection (b) of
this Section.
"Evidence-Based Funding" means State funding provided
to an Organizational Unit pursuant to this Section.

"Extended day" means academic and enrichment programs
provided to students outside the regular school day before
and after school or during non-instructional times during
the school day.
"Extension Limitation Ratio" means a numerical ratio
in which the numerator is the Base Tax Year's Extension
and the denominator is the Preceding Tax Year's Extension.
"Final Percent of Adequacy" is defined in paragraph
(4) of subsection (f) of this Section.
"Final Resources" is defined in paragraph (3) of
subsection (f) of this Section.
"Full-time equivalent" or "FTE" means the full-time
equivalency compensation for staffing the relevant
position at an Organizational Unit.
"Funding Gap" is defined in paragraph (1) of
subsection (g).
"Guidance counselor" means a licensed guidance
counselor who provides guidance and counseling support for
students within an Organizational Unit.
"Hybrid District" means a partial elementary unit
district created pursuant to Article 11E of this Code.
"Instructional assistant" means a core or special
education, non-licensed employee who assists a teacher in
the classroom and provides academic support to students.
"Instructional facilitator" means a qualified teacher
or licensed teacher leader who facilitates and coaches

continuous improvement in classroom instruction; provides
instructional support to teachers in the elements of
research-based instruction or demonstrates the alignment
of instruction with curriculum standards and assessment
tools; develops or coordinates instructional programs or
strategies; develops and implements training; chooses
standards-based instructional materials; provides
teachers with an understanding of current research; serves
as a mentor, site coach, curriculum specialist, or lead
teacher; or otherwise works with fellow teachers, in
collaboration, to use data to improve instructional
practice or develop model lessons.
"Instructional materials" means relevant
instructional materials for student instruction,
including, but not limited to, textbooks, consumable
workbooks, laboratory equipment, library books, and other
similar materials.
"Laboratory School" means a public school that is
created and operated by a public university and approved
by the State Board.
"Librarian" means a teacher with an endorsement as a
library information specialist or another individual whose
primary responsibility is overseeing library resources
within an Organizational Unit.
"Limiting rate for Hybrid Districts" means the
combined elementary school and high school limiting rates.

"Local Capacity" is defined in paragraph (1) of
subsection (c) of this Section.
"Local Capacity Percentage" is defined in subparagraph
(A) of paragraph (2) of subsection (c) of this Section.
"Local Capacity Ratio" is defined in subparagraph (B)
of paragraph (2) of subsection (c) of this Section.
"Local Capacity Target" is defined in paragraph (2) of
subsection (c) of this Section.
"Low-Income Count" means, for an Organizational Unit
in a fiscal year, the higher of the average number of
students for the prior school year or the immediately
preceding 3 school years who, as of July 1 of the
immediately preceding fiscal year (as determined by the
Department of Human Services), are eligible for at least
one of the following low-income programs: Medicaid, the
Children's Health Insurance Program, Temporary Assistance
for Needy Families (TANF), or the Supplemental Nutrition
Assistance Program, excluding pupils who are eligible for
services provided by the Department of Children and Family
Services. Until such time that grade level low-income
populations become available, grade level low-income
populations shall be determined by applying the low-income
percentage to total student enrollments by grade level.
The low-income percentage is determined by dividing the
Low-Income Count by the Average Student Enrollment. The
low-income percentage for programs operated by a regional

office of education or an intermediate service center must
be set to the weighted average of the low-income
percentages of all of the school districts in the service
region. The weighted low-income percentage is the result
of multiplying the low-income percentage of each school
district served by the regional office of education or
intermediate service center by each school district's
Average Student Enrollment, summarizing those products and
dividing the total by the total Average Student Enrollment
for the service region.
"Maintenance and operations" means custodial services,
facility and ground maintenance, facility operations,
facility security, routine facility repairs, and other
similar services and functions.
"Minimum Funding Level" is defined in paragraph (9) of
subsection (g) of this Section.
"New Property Tax Relief Pool Funds" means, for any
given fiscal year, all State funds appropriated under
Section 2-3.170 of this the School Code.
"New State Funds" means, for a given school year, all
State funds appropriated for Evidence-Based Funding in
excess of the amount needed to fund the Base Funding
Minimum for all Organizational Units in that school year.
"Net State Contribution Target" means, for a given
school year, the amount of State funds that would be
necessary to fully meet the Adequacy Target of an

Operational Unit minus the Preliminary Resources available
to each unit.
"Nurse" means an individual licensed as a certified
school nurse, in accordance with the rules established for
nursing services by the State Board, who is an employee of
and is available to provide health care-related services
for students of an Organizational Unit.
"Operating Tax Rate" means the rate utilized in the
previous year to extend property taxes for all purposes,
except Bond and Interest, Summer School, Rent, Capital
Improvement, and Vocational Education Building purposes.
For Hybrid Districts, the Operating Tax Rate shall be the
combined elementary and high school rates utilized in the
previous year to extend property taxes for all purposes,
except Bond and Interest, Summer School, Rent, Capital
Improvement, and Vocational Education Building purposes.
"Organizational Unit" means a Laboratory School or any
public school district that is recognized as such by the
State Board and that contains elementary schools typically
serving kindergarten through 5th grades, middle schools
typically serving 6th through 8th grades, high schools
typically serving 9th through 12th grades, a program
established under Section 2-3.66 or 2-3.41, or a program
operated by a regional office of education or an
intermediate service center under Article 13A or 13B. The
General Assembly acknowledges that the actual grade levels

served by a particular Organizational Unit may vary
slightly from what is typical.
"Organizational Unit CWI" is determined by calculating
the CWI in the region and original county in which an
Organizational Unit's primary administrative office is
located as set forth in this paragraph, provided that if
the Organizational Unit CWI as calculated in accordance
with this paragraph is less than 0.9, the Organizational
Unit CWI shall be increased to 0.9. Each county's current
CWI value shall be adjusted based on the CWI value of that
county's neighboring Illinois counties, to create a
"weighted adjusted index value". This shall be calculated
by summing the CWI values of all of a county's adjacent
Illinois counties and dividing by the number of adjacent
Illinois counties, then taking the weighted value of the
original county's CWI value and the adjacent Illinois
county average. To calculate this weighted value, if the
number of adjacent Illinois counties is greater than 2,
the original county's CWI value will be weighted at 0.25
and the adjacent Illinois county average will be weighted
at 0.75. If the number of adjacent Illinois counties is 2,
the original county's CWI value will be weighted at 0.33
and the adjacent Illinois county average will be weighted
at 0.66. The greater of the county's current CWI value and
its weighted adjusted index value shall be used as the
Organizational Unit CWI.

"Preceding Tax Year" means the property tax levy year
immediately preceding the Base Tax Year.
"Preceding Tax Year's Extension" means the product of
the equalized assessed valuation utilized by the county
clerk in the Preceding Tax Year multiplied by the
Operating Tax Rate.
"Preliminary Percent of Adequacy" is defined in
paragraph (2) of subsection (f) of this Section.
"Preliminary Resources" is defined in paragraph (2) of
subsection (f) of this Section.
"Principal" means a school administrator duly endorsed
to be employed as a principal in this State.
"Professional development" means training programs for
licensed staff in schools, including, but not limited to,
programs that assist in implementing new curriculum
programs, provide data focused or academic assessment data
training to help staff identify a student's weaknesses and
strengths, target interventions, improve instruction,
encompass instructional strategies for English learner,
gifted, or at-risk students, address inclusivity, cultural
sensitivity, or implicit bias, or otherwise provide
professional support for licensed staff.
"Prototypical" means 450 special education
pre-kindergarten and kindergarten through grade 5 students
for an elementary school, 450 grade 6 through 8 students
for a middle school, and 600 grade 9 through 12 students

for a high school.
"PTELL" means the Property Tax Extension Limitation
Law.
"PTELL EAV" is defined in paragraph (4) of subsection
(d) of this Section.
"Pupil support staff" means a nurse, psychologist,
social worker, family liaison personnel, or other staff
member who provides support to at-risk or struggling
students.
"Real Receipts" is defined in paragraph (1) of
subsection (d) of this Section.
"Regionalization Factor" means, for a particular
Organizational Unit, the figure derived by dividing the
Organizational Unit CWI by the Statewide Weighted CWI.
"School site staff" means the primary school secretary
and any additional clerical personnel assigned to a
school.
"Special education" means special educational
facilities and services, as defined in Section 14-1.08 of
this Code.
"Special Education Allocation" means the amount of an
Organizational Unit's final Adequacy Target attributable
to special education divided by the Organizational Unit's
final Adequacy Target, the product of which shall be
multiplied by the amount of new funding received pursuant
to this Section. An Organizational Unit's final Adequacy

Target attributable to special education shall include all
special education investment adequacy elements.
"Specialist teacher" means a teacher who provides
instruction in subject areas not included in core
subjects, including, but not limited to, art, music,
physical education, health, driver education,
career-technical education, and such other subject areas
as may be mandated by State law or provided by an
Organizational Unit.
"Specially Funded Unit" means an Alternative School,
safe school, Department of Juvenile Justice school,
special education cooperative or entity recognized by the
State Board as a special education cooperative,
State-approved charter school, or alternative learning
opportunities program that received direct funding from
the State Board during the 2016-2017 school year through
any of the funding sources included within the calculation
of the Base Funding Minimum or Glenwood Academy.
"Supplemental Grant Funding" means supplemental
general State aid funding received by an Organizational
Unit during the 2016-2017 school year pursuant to
subsection (H) of Section 18-8.05 of this Code (now
repealed).
"State Adequacy Level" is the sum of the Adequacy
Targets of all Organizational Units.
"State Board" means the State Board of Education.

"State Superintendent" means the State Superintendent
of Education.
"Statewide Weighted CWI" means a figure determined by
multiplying each Organizational Unit CWI times the ASE for
that Organizational Unit creating a weighted value,
summing all Organizational Units' weighted values, and
dividing by the total ASE of all Organizational Units,
thereby creating an average weighted index.
"Student activities" means non-credit producing
after-school programs, including, but not limited to,
clubs, bands, sports, and other activities authorized by
the school board of the Organizational Unit.
"Substitute teacher" means an individual teacher or
teaching assistant who is employed by an Organizational
Unit and is temporarily serving the Organizational Unit on
a per diem or per period-assignment basis to replace
another staff member.
"Summer school" means academic and enrichment programs
provided to students during the summer months outside of
the regular school year.
"Supervisory aide" means a non-licensed staff member
who helps in supervising students of an Organizational
Unit, but does so outside of the classroom, in situations
such as, but not limited to, monitoring hallways and
playgrounds, supervising lunchrooms, or supervising
students when being transported in buses serving the

Organizational Unit.
"Target Ratio" is defined in paragraph (4) of
subsection (g).
"Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
in paragraph (3) of subsection (g).
"Tier 1 Aggregate Funding", "Tier 2 Aggregate
Funding", "Tier 3 Aggregate Funding", and "Tier 4
Aggregate Funding" are defined in paragraph (1) of
subsection (g).
(b) Adequacy Target calculation.
(1) Each Organizational Unit's Adequacy Target is the
sum of the Organizational Unit's cost of providing
Essential Elements, as calculated in accordance with this
subsection (b), with the salary amounts in the Essential
Elements multiplied by a Regionalization Factor calculated
pursuant to paragraph (3) of this subsection (b).
(2) The Essential Elements are attributable on a pro
rata basis related to defined subgroups of the ASE of each
Organizational Unit as specified in this paragraph (2),
with investments and FTE positions pro rata funded based
on ASE counts in excess of or less than the thresholds set
forth in this paragraph (2). The method for calculating
attributable pro rata costs and the defined subgroups
thereto are as follows:
(A) Core class size investments. Each
Organizational Unit shall receive the funding required

to support that number of FTE core teacher positions
as is needed to keep the respective class sizes of the
Organizational Unit to the following maximum numbers:
(i) For grades kindergarten through 3, the
Organizational Unit shall receive funding required
to support one FTE core teacher position for every
15 Low-Income Count students in those grades and
one FTE core teacher position for every 20
non-Low-Income Count students in those grades.
(ii) For grades 4 through 12, the
Organizational Unit shall receive funding required
to support one FTE core teacher position for every
20 Low-Income Count students in those grades and
one FTE core teacher position for every 25
non-Low-Income Count students in those grades.
The number of non-Low-Income Count students in a
grade shall be determined by subtracting the
Low-Income students in that grade from the ASE of the
Organizational Unit for that grade.
(B) Specialist teacher investments. Each
Organizational Unit shall receive the funding needed
to cover that number of FTE specialist teacher
positions that correspond to the following
percentages:
(i) if the Organizational Unit operates an
elementary or middle school, then 20.00% of the

number of the Organizational Unit's core teachers,
as determined under subparagraph (A) of this
paragraph (2); and
(ii) if such Organizational Unit operates a
high school, then 33.33% of the number of the
Organizational Unit's core teachers.
(C) Instructional facilitator investments. Each
Organizational Unit shall receive the funding needed
to cover one FTE instructional facilitator position
for every 200 combined ASE of pre-kindergarten
children with disabilities and all kindergarten
through grade 12 students of the Organizational Unit.
(D) Core intervention teacher (tutor) investments.
Each Organizational Unit shall receive the funding
needed to cover one FTE teacher position for each
prototypical elementary, middle, and high school.
(E) Substitute teacher investments. Each
Organizational Unit shall receive the funding needed
to cover substitute teacher costs that is equal to
5.70% of the minimum pupil attendance days required
under Section 10-19 of this Code for all full-time
equivalent core, specialist, and intervention
teachers, school nurses, special education teachers
and instructional assistants, instructional
facilitators, and summer school and extended day
teacher positions, as determined under this paragraph

(2), at a salary rate of 33.33% of the average salary
for grade K through 12 teachers and 33.33% of the
average salary of each instructional assistant
position.
(F) Core guidance counselor investments. Each
Organizational Unit shall receive the funding needed
to cover one FTE guidance counselor for each 450
combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 5
students, plus one FTE guidance counselor for each 250
grades 6 through 8 ASE middle school students, plus
one FTE guidance counselor for each 250 grades 9
through 12 ASE high school students.
(G) Nurse investments. Each Organizational Unit
shall receive the funding needed to cover one FTE
nurse for each 750 combined ASE of pre-kindergarten
children with disabilities and all kindergarten
through grade 12 students across all grade levels it
serves.
(H) Supervisory aide investments. Each
Organizational Unit shall receive the funding needed
to cover one FTE for each 225 combined ASE of
pre-kindergarten children with disabilities and all
kindergarten through grade 5 students, plus one FTE
for each 225 ASE middle school students, plus one FTE
for each 200 ASE high school students.

(I) Librarian investments. Each Organizational
Unit shall receive the funding needed to cover one FTE
librarian for each prototypical elementary school,
middle school, and high school and one FTE aide or
media technician for every 300 combined ASE of
pre-kindergarten children with disabilities and all
kindergarten through grade 12 students.
(J) Principal investments. Each Organizational
Unit shall receive the funding needed to cover one FTE
principal position for each prototypical elementary
school, plus one FTE principal position for each
prototypical middle school, plus one FTE principal
position for each prototypical high school.
(K) Assistant principal investments. Each
Organizational Unit shall receive the funding needed
to cover one FTE assistant principal position for each
prototypical elementary school, plus one FTE assistant
principal position for each prototypical middle
school, plus one FTE assistant principal position for
each prototypical high school.
(L) School site staff investments. Each
Organizational Unit shall receive the funding needed
for one FTE position for each 225 ASE of
pre-kindergarten children with disabilities and all
kindergarten through grade 5 students, plus one FTE
position for each 225 ASE middle school students, plus

one FTE position for each 200 ASE high school
students.
(M) Gifted investments. Each Organizational Unit
shall receive $40 per kindergarten through grade 12
ASE.
(N) Professional development investments. Each
Organizational Unit shall receive $125 per student of
the combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students for trainers and other professional
development-related expenses for supplies and
materials.
(O) Instructional material investments. Each
Organizational Unit shall receive $190 per student of
the combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students to cover instructional material costs.
(P) Assessment investments. Each Organizational
Unit shall receive $25 per student of the combined ASE
of pre-kindergarten children with disabilities and all
kindergarten through grade 12 students to cover
assessment costs.
(Q) Computer technology and equipment investments.
Each Organizational Unit shall receive $285.50 per
student of the combined ASE of pre-kindergarten
children with disabilities and all kindergarten

through grade 12 students to cover computer technology
and equipment costs. For the 2018-2019 school year and
subsequent school years, Organizational Units assigned
to Tier 1 and Tier 2 in the prior school year shall
receive an additional $285.50 per student of the
combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students to cover computer technology and equipment
costs in the Organizational Unit's Adequacy Target.
The State Board may establish additional requirements
for Organizational Unit expenditures of funds received
pursuant to this subparagraph (Q), including a
requirement that funds received pursuant to this
subparagraph (Q) may be used only for serving the
technology needs of the district. It is the intent of
Public Act 100-465 that all Tier 1 and Tier 2 districts
receive the addition to their Adequacy Target in the
following year, subject to compliance with the
requirements of the State Board.
(R) Student activities investments. Each
Organizational Unit shall receive the following
funding amounts to cover student activities: $100 per
kindergarten through grade 5 ASE student in elementary
school, plus $200 per ASE student in middle school,
plus $675 per ASE student in high school.
(S) Maintenance and operations investments. Each

Organizational Unit shall receive $1,038 per student
of the combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students for day-to-day maintenance and operations
expenditures, including salary, supplies, and
materials, as well as purchased services, but
excluding employee benefits. The proportion of salary
for the application of a Regionalization Factor and
the calculation of benefits is equal to $352.92.
(T) Central office investments. Each
Organizational Unit shall receive $742 per student of
the combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students to cover central office operations, including
administrators and classified personnel charged with
managing the instructional programs, business and
operations of the school district, and security
personnel. The proportion of salary for the
application of a Regionalization Factor and the
calculation of benefits is equal to $368.48.
(U) Employee benefit investments. Each
Organizational Unit shall receive 30% of the total of
all salary-calculated elements of the Adequacy Target,
excluding substitute teachers and student activities
investments, to cover benefit costs. For central
office and maintenance and operations investments, the

benefit calculation shall be based upon the salary
proportion of each investment. If at any time the
responsibility for funding the employer normal cost of
teacher pensions is assigned to school districts, then
that amount certified by the Teachers' Retirement
System of the State of Illinois to be paid by the
Organizational Unit for the preceding school year
shall be added to the benefit investment. For any
fiscal year in which a school district organized under
Article 34 of this Code is responsible for paying the
employer normal cost of teacher pensions, then that
amount of its employer normal cost plus the amount for
retiree health insurance as certified by the Public
School Teachers' Pension and Retirement Fund of
Chicago to be paid by the school district for the
preceding school year that is statutorily required to
cover employer normal costs and the amount for retiree
health insurance shall be added to the 30% specified
in this subparagraph (U). The Teachers' Retirement
System of the State of Illinois and the Public School
Teachers' Pension and Retirement Fund of Chicago shall
submit such information as the State Superintendent
may require for the calculations set forth in this
subparagraph (U).
(V) Additional investments in low-income students.
In addition to and not in lieu of all other funding

under this paragraph (2), each Organizational Unit
shall receive funding based on the average teacher
salary for grades K through 12 to cover the costs of:
(i) one FTE intervention teacher (tutor)
position for every 125 Low-Income Count students;
(ii) one FTE pupil support staff position for
every 125 Low-Income Count students;
(iii) one FTE extended day teacher position
for every 120 Low-Income Count students; and
(iv) one FTE summer school teacher position
for every 120 Low-Income Count students.
(W) Additional investments in English learner
students. In addition to and not in lieu of all other
funding under this paragraph (2), each Organizational
Unit shall receive funding based on the average
teacher salary for grades K through 12 to cover the
costs of:
(i) one FTE intervention teacher (tutor)
position for every 125 English learner students;
(ii) one FTE pupil support staff position for
every 125 English learner students;
(iii) one FTE extended day teacher position
for every 120 English learner students;
(iv) one FTE summer school teacher position
for every 120 English learner students; and
(v) one FTE core teacher position for every

100 English learner students.
(X) Special education investments. Each
Organizational Unit shall receive funding based on the
average teacher salary for grades K through 12 to
cover special education as follows:
(i) one FTE teacher position for every 141
combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students;
(ii) one FTE instructional assistant for every
141 combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students; and
(iii) one FTE psychologist position for every
1,000 combined ASE of pre-kindergarten children
with disabilities and all kindergarten through
grade 12 students.
(3) For calculating the salaries included within the
Essential Elements, the State Superintendent shall
annually calculate average salaries to the nearest dollar
using the employment information system data maintained by
the State Board, limited to public schools only and
excluding special education and vocational cooperatives,
schools operated by the Department of Juvenile Justice,
and charter schools, for the following positions:
(A) Teacher for grades K through 8.

(B) Teacher for grades 9 through 12.
(C) Teacher for grades K through 12.
(D) Guidance counselor for grades K through 8.
(E) Guidance counselor for grades 9 through 12.
(F) Guidance counselor for grades K through 12.
(G) Social worker.
(H) Psychologist.
(I) Librarian.
(J) Nurse.
(K) Principal.
(L) Assistant principal.
For the purposes of this paragraph (3), "teacher"
includes core teachers, specialist and elective teachers,
instructional facilitators, tutors, special education
teachers, pupil support staff teachers, English learner
teachers, extended day teachers, and summer school
teachers. Where specific grade data is not required for
the Essential Elements, the average salary for
corresponding positions shall apply. For substitute
teachers, the average teacher salary for grades K through
12 shall apply.
For calculating the salaries included within the
Essential Elements for positions not included within EIS
Data, the following salaries shall be used in the first
year of implementation of Evidence-Based Funding:
(i) school site staff, $30,000; and

(ii) non-instructional assistant, instructional
assistant, library aide, library media tech, or
supervisory aide: $25,000.
In the second and subsequent years of implementation
of Evidence-Based Funding, the amounts in items (i) and
(ii) of this paragraph (3) shall annually increase by the
ECI.
The salary amounts for the Essential Elements
determined pursuant to subparagraphs (A) through (L), (S)
and (T), and (V) through (X) of paragraph (2) of
subsection (b) of this Section shall be multiplied by a
Regionalization Factor.
(c) Local Capacity calculation.
(1) Each Organizational Unit's Local Capacity
represents an amount of funding it is assumed to
contribute toward its Adequacy Target for purposes of the
Evidence-Based Funding formula calculation. "Local
Capacity" means either (i) the Organizational Unit's Local
Capacity Target as calculated in accordance with paragraph
(2) of this subsection (c) if its Real Receipts are equal
to or less than its Local Capacity Target or (ii) the
Organizational Unit's Adjusted Local Capacity, as
calculated in accordance with paragraph (3) of this
subsection (c) if Real Receipts are more than its Local
Capacity Target.
(2) "Local Capacity Target" means, for an

Organizational Unit, that dollar amount that is obtained
by multiplying its Adequacy Target by its Local Capacity
Ratio.
(A) An Organizational Unit's Local Capacity
Percentage is the conversion of the Organizational
Unit's Local Capacity Ratio, as such ratio is
determined in accordance with subparagraph (B) of this
paragraph (2), into a cumulative distribution
resulting in a percentile ranking to determine each
Organizational Unit's relative position to all other
Organizational Units in this State. The calculation of
Local Capacity Percentage is described in subparagraph
(C) of this paragraph (2).
(B) An Organizational Unit's Local Capacity Ratio
in a given year is the percentage obtained by dividing
its Adjusted EAV or PTELL EAV, whichever is less, by
its Adequacy Target, with the resulting ratio further
adjusted as follows:
(i) for Organizational Units serving grades
kindergarten through 12 and Hybrid Districts, no
further adjustments shall be made;
(ii) for Organizational Units serving grades
kindergarten through 8, the ratio shall be
multiplied by 9/13;
(iii) for Organizational Units serving grades
9 through 12, the Local Capacity Ratio shall be

multiplied by 4/13; and
(iv) for an Organizational Unit with a
different grade configuration than those specified
in items (i) through (iii) of this subparagraph
(B), the State Superintendent shall determine a
comparable adjustment based on the grades served.
(C) The Local Capacity Percentage is equal to the
percentile ranking of the district. Local Capacity
Percentage converts each Organizational Unit's Local
Capacity Ratio to a cumulative distribution resulting
in a percentile ranking to determine each
Organizational Unit's relative position to all other
Organizational Units in this State. The Local Capacity
Percentage cumulative distribution resulting in a
percentile ranking for each Organizational Unit shall
be calculated using the standard normal distribution
of the score in relation to the weighted mean and
weighted standard deviation and Local Capacity Ratios
of all Organizational Units. If the value assigned to
any Organizational Unit is in excess of 90%, the value
shall be adjusted to 90%. For Laboratory Schools, the
Local Capacity Percentage shall be set at 10% in
recognition of the absence of EAV and resources from
the public university that are allocated to the
Laboratory School. For programs operated by a regional
office of education or an intermediate service center,

the Local Capacity Percentage must be set at 10% in
recognition of the absence of EAV and resources from
school districts that are allocated to the regional
office of education or intermediate service center.
The weighted mean for the Local Capacity Percentage
shall be determined by multiplying each Organizational
Unit's Local Capacity Ratio times the ASE for the unit
creating a weighted value, summing the weighted values
of all Organizational Units, and dividing by the total
ASE of all Organizational Units. The weighted standard
deviation shall be determined by taking the square
root of the weighted variance of all Organizational
Units' Local Capacity Ratio, where the variance is
calculated by squaring the difference between each
unit's Local Capacity Ratio and the weighted mean,
then multiplying the variance for each unit times the
ASE for the unit to create a weighted variance for each
unit, then summing all units' weighted variance and
dividing by the total ASE of all units.
(D) For any Organizational Unit, the
Organizational Unit's Adjusted Local Capacity Target
shall be reduced by either (i) the school board's
remaining contribution pursuant to paragraph (ii) of
subsection (b-4) of Section 16-158 of the Illinois
Pension Code in a given year or (ii) the board of
education's remaining contribution pursuant to

paragraph (iv) of subsection (b) of Section 17-129 of
the Illinois Pension Code absent the employer normal
cost portion of the required contribution and amount
allowed pursuant to subdivision (3) of Section
17-142.1 of the Illinois Pension Code in a given year.
In the preceding sentence, item (i) shall be certified
to the State Board of Education by the Teachers'
Retirement System of the State of Illinois and item
(ii) shall be certified to the State Board of
Education by the Public School Teachers' Pension and
Retirement Fund of the City of Chicago.
(3) If an Organizational Unit's Real Receipts are more
than its Local Capacity Target, then its Local Capacity
shall equal an Adjusted Local Capacity Target as
calculated in accordance with this paragraph (3). The
Adjusted Local Capacity Target is calculated as the sum of
the Organizational Unit's Local Capacity Target and its
Real Receipts Adjustment. The Real Receipts Adjustment
equals the Organizational Unit's Real Receipts less its
Local Capacity Target, with the resulting figure
multiplied by the Local Capacity Percentage.
As used in this paragraph (3), "Real Percent of
Adequacy" means the sum of an Organizational Unit's Real
Receipts, CPPRT, and Base Funding Minimum, with the
resulting figure divided by the Organizational Unit's
Adequacy Target.

(d) Calculation of Real Receipts, EAV, and Adjusted EAV
for purposes of the Local Capacity calculation.
(1) An Organizational Unit's Real Receipts are the
product of its Applicable Tax Rate and its Adjusted EAV.
An Organizational Unit's Applicable Tax Rate is its
Adjusted Operating Tax Rate for property within the
Organizational Unit.
(2) The State Superintendent shall calculate the
equalized assessed valuation, or EAV, of all taxable
property of each Organizational Unit as of September 30 of
the previous year in accordance with paragraph (3) of this
subsection (d). The State Superintendent shall then
determine the Adjusted EAV of each Organizational Unit in
accordance with paragraph (4) of this subsection (d),
which Adjusted EAV figure shall be used for the purposes
of calculating Local Capacity.
(3) To calculate Real Receipts and EAV, the Department
of Revenue shall supply to the State Superintendent the
value as equalized or assessed by the Department of
Revenue of all taxable property of every Organizational
Unit, together with (i) the applicable tax rate used in
extending taxes for the funds of the Organizational Unit
as of September 30 of the previous year and (ii) the
limiting rate for all Organizational Units subject to
property tax extension limitations as imposed under PTELL.
(A) The Department of Revenue shall add to the

equalized assessed value of all taxable property of
each Organizational Unit situated entirely or
partially within a county that is or was subject to the
provisions of Section 15-176 or 15-177 of the Property
Tax Code (i) an amount equal to the total amount by
which the homestead exemption allowed under Section
15-176 or 15-177 of the Property Tax Code for real
property situated in that Organizational Unit exceeds
the total amount that would have been allowed in that
Organizational Unit if the maximum reduction under
Section 15-176 was (I) $4,500 in Cook County or $3,500
in all other counties in tax year 2003 or (II) $5,000
in all counties in tax year 2004 and thereafter and
(ii) an amount equal to the aggregate amount for the
taxable year of all additional exemptions under
Section 15-175 of the Property Tax Code for owners
with a household income of $30,000 or less. The county
clerk of any county that is or was subject to the
provisions of Section 15-176 or 15-177 of the Property
Tax Code shall annually calculate and certify to the
Department of Revenue for each Organizational Unit all
homestead exemption amounts under Section 15-176 or
15-177 of the Property Tax Code and all amounts of
additional exemptions under Section 15-175 of the
Property Tax Code for owners with a household income
of $30,000 or less. It is the intent of this

subparagraph (A) that if the general homestead
exemption for a parcel of property is determined under
Section 15-176 or 15-177 of the Property Tax Code
rather than Section 15-175, then the calculation of
EAV shall not be affected by the difference, if any,
between the amount of the general homestead exemption
allowed for that parcel of property under Section
15-176 or 15-177 of the Property Tax Code and the
amount that would have been allowed had the general
homestead exemption for that parcel of property been
determined under Section 15-175 of the Property Tax
Code. It is further the intent of this subparagraph
(A) that if additional exemptions are allowed under
Section 15-175 of the Property Tax Code for owners
with a household income of less than $30,000, then the
calculation of EAV shall not be affected by the
difference, if any, because of those additional
exemptions.
(B) With respect to any part of an Organizational
Unit within a redevelopment project area in respect to
which a municipality has adopted tax increment
allocation financing pursuant to the Tax Increment
Allocation Redevelopment Act, Division 74.4 of Article
11 of the Illinois Municipal Code, or the Industrial
Jobs Recovery Law, Division 74.6 of Article 11 of the
Illinois Municipal Code, no part of the current EAV of

real property located in any such project area that is
attributable to an increase above the total initial
EAV of such property shall be used as part of the EAV
of the Organizational Unit, until such time as all
redevelopment project costs have been paid, as
provided in Section 11-74.4-8 of the Tax Increment
Allocation Redevelopment Act or in Section 11-74.6-35
of the Industrial Jobs Recovery Law. For the purpose
of the EAV of the Organizational Unit, the total
initial EAV or the current EAV, whichever is lower,
shall be used until such time as all redevelopment
project costs have been paid.
(B-5) The real property equalized assessed
valuation for a school district shall be adjusted by
subtracting from the real property value, as equalized
or assessed by the Department of Revenue, for the
district an amount computed by dividing the amount of
any abatement of taxes under Section 18-170 of the
Property Tax Code by 3.00% for a district maintaining
grades kindergarten through 12, by 2.30% for a
district maintaining grades kindergarten through 8, or
by 1.05% for a district maintaining grades 9 through
12 and adjusted by an amount computed by dividing the
amount of any abatement of taxes under subsection (a)
of Section 18-165 of the Property Tax Code by the same
percentage rates for district type as specified in

this subparagraph (B-5).
(C) For Organizational Units that are Hybrid
Districts, the State Superintendent shall use the
lesser of the adjusted equalized assessed valuation
for property within the partial elementary unit
district for elementary purposes, as defined in
Article 11E of this Code, or the adjusted equalized
assessed valuation for property within the partial
elementary unit district for high school purposes, as
defined in Article 11E of this Code.
(4) An Organizational Unit's Adjusted EAV shall be the
average of its EAV over the immediately preceding 3 years
or its EAV in the immediately preceding year if the EAV in
the immediately preceding year has declined by 10% or more
compared to the 3-year average. In the event of
Organizational Unit reorganization, consolidation, or
annexation, the Organizational Unit's Adjusted EAV for the
first 3 years after such change shall be as follows: the
most current EAV shall be used in the first year, the
average of a 2-year EAV or its EAV in the immediately
preceding year if the EAV declines by 10% or more compared
to the 2-year average for the second year, and a 3-year
average EAV or its EAV in the immediately preceding year
if the Adjusted EAV declines by 10% or more compared to the
3-year average for the third year. For any school district
whose EAV in the immediately preceding year is used in

calculations, in the following year, the Adjusted EAV
shall be the average of its EAV over the immediately
preceding 2 years or the immediately preceding year if
that year represents a decline of 10% or more compared to
the 2-year average.
"PTELL EAV" means a figure calculated by the State
Board for Organizational Units subject to PTELL as
described in this paragraph (4) for the purposes of
calculating an Organizational Unit's Local Capacity Ratio.
Except as otherwise provided in this paragraph (4), the
PTELL EAV of an Organizational Unit shall be equal to the
product of the equalized assessed valuation last used in
the calculation of general State aid under Section 18-8.05
of this Code (now repealed) or Evidence-Based Funding
under this Section and the Organizational Unit's Extension
Limitation Ratio. If an Organizational Unit has approved
or does approve an increase in its limiting rate, pursuant
to Section 18-190 of the Property Tax Code, affecting the
Base Tax Year, the PTELL EAV shall be equal to the product
of the equalized assessed valuation last used in the
calculation of general State aid under Section 18-8.05 of
this Code (now repealed) or Evidence-Based Funding under
this Section multiplied by an amount equal to one plus the
percentage increase, if any, in the Consumer Price Index
for All Urban Consumers for all items published by the
United States Department of Labor for the 12-month

calendar year preceding the Base Tax Year, plus the
equalized assessed valuation of new property, annexed
property, and recovered tax increment value and minus the
equalized assessed valuation of disconnected property.
As used in this paragraph (4), "new property" and
"recovered tax increment value" shall have the meanings
set forth in the Property Tax Extension Limitation Law.
(e) Base Funding Minimum calculation.
(1) For the 2017-2018 school year, the Base Funding
Minimum of an Organizational Unit or a Specially Funded
Unit shall be the amount of State funds distributed to the
Organizational Unit or Specially Funded Unit during the
2016-2017 school year prior to any adjustments and
specified appropriation amounts described in this
paragraph (1) from the following Sections, as calculated
by the State Superintendent: Section 18-8.05 of this Code
(now repealed); Section 5 of Article 224 of Public Act
99-524 (equity grants); Section 14-7.02b of this Code
(funding for children requiring special education
services); Section 14-13.01 of this Code (special
education facilities and staffing), except for
reimbursement of the cost of transportation pursuant to
Section 14-13.01; Section 14C-12 of this Code (English
learners); and Section 18-4.3 of this Code (summer
school), based on an appropriation level of $13,121,600.
For a school district organized under Article 34 of this

Code, the Base Funding Minimum also includes (i) the funds
allocated to the school district pursuant to Section 1D-1
of this Code attributable to funding programs authorized
by the Sections of this Code listed in the preceding
sentence and (ii) the difference between (I) the funds
allocated to the school district pursuant to Section 1D-1
of this Code attributable to the funding programs
authorized by Section 14-7.02 (non-public special
education reimbursement), subsection (b) of Section
14-13.01 (special education transportation), Section 29-5
(transportation), Section 2-3.80 (agricultural
education), Section 2-3.66 (truants' alternative
education), Section 2-3.62 (educational service centers),
and Section 14-7.03 (special education - orphanage) of
this Code and Section 15 of the Childhood Hunger Relief
Act (free breakfast program) and (II) the school
district's actual expenditures for its non-public special
education, special education transportation,
transportation programs, agricultural education, truants'
alternative education, services that would otherwise be
performed by a regional office of education, special
education orphanage expenditures, and free breakfast, as
most recently calculated and reported pursuant to
subsection (f) of Section 1D-1 of this Code. The Base
Funding Minimum for Glenwood Academy shall be $625,500.
For programs operated by a regional office of education or

an intermediate service center, the Base Funding Minimum
must be the total amount of State funds allocated to those
programs in the 2018-2019 school year and amounts provided
pursuant to Article 34 of Public Act 100-586 and Section
3-16 of this Code. All programs established after June 5,
2019 (the effective date of Public Act 101-10) and
administered by a regional office of education or an
intermediate service center must have an initial Base
Funding Minimum set to an amount equal to the first-year
ASE multiplied by the amount of per pupil funding received
in the previous school year by the lowest funded similar
existing program type. If the enrollment for a program
operated by a regional office of education or an
intermediate service center is zero, then it may not
receive Base Funding Minimum funds for that program in the
next fiscal year, and those funds must be distributed to
Organizational Units under subsection (g).
(2) For the 2018-2019 and subsequent school years, the
Base Funding Minimum of Organizational Units and Specially
Funded Units shall be the sum of (i) the amount of
Evidence-Based Funding for the prior school year, (ii) the
Base Funding Minimum for the prior school year, and (iii)
any amount received by a school district pursuant to
Section 7 of Article 97 of Public Act 100-21.
(3) Subject to approval by the General Assembly as
provided in this paragraph (3), an Organizational Unit

that meets all of the following criteria, as determined by
the State Board, shall have District Intervention Money
added to its Base Funding Minimum at the time the Base
Funding Minimum is calculated by the State Board:
(A) The Organizational Unit is operating under an
Independent Authority under Section 2-3.25f-5 of this
Code for a minimum of 4 school years or is subject to
the control of the State Board pursuant to a court
order for a minimum of 4 school years.
(B) The Organizational Unit was designated as a
Tier 1 or Tier 2 Organizational Unit in the previous
school year under paragraph (3) of subsection (g) of
this Section.
(C) The Organizational Unit demonstrates
sustainability through a 5-year financial and
strategic plan.
(D) The Organizational Unit has made sufficient
progress and achieved sufficient stability in the
areas of governance, academic growth, and finances.
As part of its determination under this paragraph (3),
the State Board may consider the Organizational Unit's
summative designation, any accreditations of the
Organizational Unit, or the Organizational Unit's
financial profile, as calculated by the State Board.
If the State Board determines that an Organizational
Unit has met the criteria set forth in this paragraph (3),

it must submit a report to the General Assembly, no later
than January 2 of the fiscal year in which the State Board
makes it determination, on the amount of District
Intervention Money to add to the Organizational Unit's
Base Funding Minimum. The General Assembly must review the
State Board's report and may approve or disapprove, by
joint resolution, the addition of District Intervention
Money. If the General Assembly fails to act on the report
within 40 calendar days from the receipt of the report,
the addition of District Intervention Money is deemed
approved. If the General Assembly approves the amount of
District Intervention Money to be added to the
Organizational Unit's Base Funding Minimum, the District
Intervention Money must be added to the Base Funding
Minimum annually thereafter.
For the first 4 years following the initial year that
the State Board determines that an Organizational Unit has
met the criteria set forth in this paragraph (3) and has
received funding under this Section, the Organizational
Unit must annually submit to the State Board, on or before
November 30, a progress report regarding its financial and
strategic plan under subparagraph (C) of this paragraph
(3). The plan shall include the financial data from the
past 4 annual financial reports or financial audits that
must be presented to the State Board by November 15 of each
year and the approved budget financial data for the

current year. The plan shall be developed according to the
guidelines presented to the Organizational Unit by the
State Board. The plan shall further include financial
projections for the next 3 fiscal years and include a
discussion and financial summary of the Organizational
Unit's facility needs. If the Organizational Unit does not
demonstrate sufficient progress toward its 5-year plan or
if it has failed to file an annual financial report, an
annual budget, a financial plan, a deficit reduction plan,
or other financial information as required by law, the
State Board may establish a Financial Oversight Panel
under Article 1H of this Code. However, if the
Organizational Unit already has a Financial Oversight
Panel, the State Board may extend the duration of the
Panel.
(f) Percent of Adequacy and Final Resources calculation.
(1) The Evidence-Based Funding formula establishes a
Percent of Adequacy for each Organizational Unit in order
to place such units into tiers for the purposes of the
funding distribution system described in subsection (g) of
this Section. Initially, an Organizational Unit's
Preliminary Resources and Preliminary Percent of Adequacy
are calculated pursuant to paragraph (2) of this
subsection (f). Then, an Organizational Unit's Final
Resources and Final Percent of Adequacy are calculated to
account for the Organizational Unit's poverty

concentration levels pursuant to paragraphs (3) and (4) of
this subsection (f).
(2) An Organizational Unit's Preliminary Resources are
equal to the sum of its Local Capacity Target, CPPRT, and
Base Funding Minimum. An Organizational Unit's Preliminary
Percent of Adequacy is the lesser of (i) its Preliminary
Resources divided by its Adequacy Target or (ii) 100%.
(3) Except for Specially Funded Units, an
Organizational Unit's Final Resources are equal to the sum
of its Local Capacity, CPPRT, and Adjusted Base Funding
Minimum. The Base Funding Minimum of each Specially Funded
Unit shall serve as its Final Resources, except that the
Base Funding Minimum for State-approved charter schools
shall not include any portion of general State aid
allocated in the prior year based on the per capita
tuition charge times the charter school enrollment.
(4) An Organizational Unit's Final Percent of Adequacy
is its Final Resources divided by its Adequacy Target. An
Organizational Unit's Adjusted Base Funding Minimum is
equal to its Base Funding Minimum less its Supplemental
Grant Funding, with the resulting figure added to the
product of its Supplemental Grant Funding and Preliminary
Percent of Adequacy.
(g) Evidence-Based Funding formula distribution system.
(1) In each school year under the Evidence-Based
Funding formula, each Organizational Unit receives funding

equal to the sum of its Base Funding Minimum and the unit's
allocation of New State Funds determined pursuant to this
subsection (g). To allocate New State Funds, the
Evidence-Based Funding formula distribution system first
places all Organizational Units into one of 4 tiers in
accordance with paragraph (3) of this subsection (g),
based on the Organizational Unit's Final Percent of
Adequacy. New State Funds are allocated to each of the 4
tiers as follows: Tier 1 Aggregate Funding equals 50% of
all New State Funds, Tier 2 Aggregate Funding equals 49%
of all New State Funds, Tier 3 Aggregate Funding equals
0.9% of all New State Funds, and Tier 4 Aggregate Funding
equals 0.1% of all New State Funds. Each Organizational
Unit within Tier 1 or Tier 2 receives an allocation of New
State Funds equal to its tier Funding Gap, as defined in
the following sentence, multiplied by the tier's
Allocation Rate determined pursuant to paragraph (4) of
this subsection (g). For Tier 1, an Organizational Unit's
Funding Gap equals the tier's Target Ratio, as specified
in paragraph (5) of this subsection (g), multiplied by the
Organizational Unit's Adequacy Target, with the resulting
amount reduced by the Organizational Unit's Final
Resources. For Tier 2, an Organizational Unit's Funding
Gap equals the tier's Target Ratio, as described in
paragraph (5) of this subsection (g), multiplied by the
Organizational Unit's Adequacy Target, with the resulting

amount reduced by the Organizational Unit's Final
Resources and its Tier 1 funding allocation. To determine
the Organizational Unit's Funding Gap, the resulting
amount is then multiplied by a factor equal to one minus
the Organizational Unit's Local Capacity Target
percentage. Each Organizational Unit within Tier 3 or Tier
4 receives an allocation of New State Funds equal to the
product of its Adequacy Target and the tier's Allocation
Rate, as specified in paragraph (4) of this subsection
(g).
(2) To ensure equitable distribution of dollars for
all Tier 2 Organizational Units, no Tier 2 Organizational
Unit shall receive fewer dollars per ASE than any Tier 3
Organizational Unit. Each Tier 2 and Tier 3 Organizational
Unit shall have its funding allocation divided by its ASE.
Any Tier 2 Organizational Unit with a funding allocation
per ASE below the greatest Tier 3 allocation per ASE shall
get a funding allocation equal to the greatest Tier 3
funding allocation per ASE multiplied by the
Organizational Unit's ASE. Each Tier 2 Organizational
Unit's Tier 2 funding allocation shall be multiplied by
the percentage calculated by dividing the original Tier 2
Aggregate Funding by the sum of all Tier 2 Organizational
Units' Tier 2 funding allocation after adjusting
districts' funding below Tier 3 levels.
(3) Organizational Units are placed into one of 4

tiers as follows:
(A) Tier 1 consists of all Organizational Units,
except for Specially Funded Units, with a Percent of
Adequacy less than the Tier 1 Target Ratio. The Tier 1
Target Ratio is the ratio level that allows for Tier 1
Aggregate Funding to be distributed, with the Tier 1
Allocation Rate determined pursuant to paragraph (4)
of this subsection (g).
(B) Tier 2 consists of all Tier 1 Units and all
other Organizational Units, except for Specially
Funded Units, with a Percent of Adequacy of less than
0.90.
(C) Tier 3 consists of all Organizational Units,
except for Specially Funded Units, with a Percent of
Adequacy of at least 0.90 and less than 1.0.
(D) Tier 4 consists of all Organizational Units
with a Percent of Adequacy of at least 1.0.
(4) The Allocation Rates for Tiers 1 through 4 are
determined as follows:
(A) The Tier 1 Allocation Rate is 30%.
(B) The Tier 2 Allocation Rate is the result of the
following equation: Tier 2 Aggregate Funding, divided
by the sum of the Funding Gaps for all Tier 2
Organizational Units, unless the result of such
equation is higher than 1.0. If the result of such
equation is higher than 1.0, then the Tier 2

Allocation Rate is 1.0.
(C) The Tier 3 Allocation Rate is the result of the
following equation: Tier 3 Aggregate Funding, divided
by the sum of the Adequacy Targets of all Tier 3
Organizational Units.
(D) The Tier 4 Allocation Rate is the result of the
following equation: Tier 4 Aggregate Funding, divided
by the sum of the Adequacy Targets of all Tier 4
Organizational Units.
(5) A tier's Target Ratio is determined as follows:
(A) The Tier 1 Target Ratio is the ratio level that
allows for Tier 1 Aggregate Funding to be distributed
with the Tier 1 Allocation Rate.
(B) The Tier 2 Target Ratio is 0.90.
(C) The Tier 3 Target Ratio is 1.0.
(6) If, at any point, the Tier 1 Target Ratio is
greater than 90%, then than all Tier 1 funding shall be
allocated to Tier 2 and no Tier 1 Organizational Unit's
funding may be identified.
(7) In the event that all Tier 2 Organizational Units
receive funding at the Tier 2 Target Ratio level, any
remaining New State Funds shall be allocated to Tier 3 and
Tier 4 Organizational Units.
(8) If any Specially Funded Units, excluding Glenwood
Academy, recognized by the State Board do not qualify for
direct funding following the implementation of Public Act

100-465 from any of the funding sources included within
the definition of Base Funding Minimum, the unqualified
portion of the Base Funding Minimum shall be transferred
to one or more appropriate Organizational Units as
determined by the State Superintendent based on the prior
year ASE of the Organizational Units.
(8.5) If a school district withdraws from a special
education cooperative, the portion of the Base Funding
Minimum that is attributable to the school district may be
redistributed to the school district upon withdrawal. The
school district and the cooperative must include the
amount of the Base Funding Minimum that is to be
reapportioned in their withdrawal agreement and notify the
State Board of the change with a copy of the agreement upon
withdrawal.
(9) The Minimum Funding Level is intended to establish
a target for State funding that will keep pace with
inflation and continue to advance equity through the
Evidence-Based Funding formula. The target for State
funding of New Property Tax Relief Pool Funds is
$50,000,000 for State fiscal year 2019 and subsequent
State fiscal years. The Minimum Funding Level is equal to
$350,000,000. In addition to any New State Funds, no more
than $50,000,000 New Property Tax Relief Pool Funds may be
counted toward the Minimum Funding Level. If the sum of
New State Funds and applicable New Property Tax Relief

Pool Funds are less than the Minimum Funding Level, than
funding for tiers shall be reduced in the following
manner:
(A) First, Tier 4 funding shall be reduced by an
amount equal to the difference between the Minimum
Funding Level and New State Funds until such time as
Tier 4 funding is exhausted.
(B) Next, Tier 3 funding shall be reduced by an
amount equal to the difference between the Minimum
Funding Level and New State Funds and the reduction in
Tier 4 funding until such time as Tier 3 funding is
exhausted.
(C) Next, Tier 2 funding shall be reduced by an
amount equal to the difference between the Minimum
Funding Level and New State Funds and the reduction in
Tier 4 and Tier 3.
(D) Finally, Tier 1 funding shall be reduced by an
amount equal to the difference between the Minimum
Funding level and New State Funds and the reduction in
Tier 2, 3, and 4 funding. In addition, the Allocation
Rate for Tier 1 shall be reduced to a percentage equal
to the Tier 1 Allocation Rate set by paragraph (4) of
this subsection (g), multiplied by the result of New
State Funds divided by the Minimum Funding Level.
(9.5) For State fiscal year 2019 and subsequent State
fiscal years, if New State Funds exceed $300,000,000, then

any amount in excess of $300,000,000 shall be dedicated
for purposes of Section 2-3.170 of this Code up to a
maximum of $50,000,000.
(10) In the event of a decrease in the amount of the
appropriation for this Section in any fiscal year after
implementation of this Section, the Organizational Units
receiving Tier 1 and Tier 2 funding, as determined under
paragraph (3) of this subsection (g), shall be held
harmless by establishing a Base Funding Guarantee equal to
the per pupil kindergarten through grade 12 funding
received in accordance with this Section in the prior
fiscal year. Reductions shall be made to the Base Funding
Minimum of Organizational Units in Tier 3 and Tier 4 on a
per pupil basis equivalent to the total number of the ASE
in Tier 3-funded and Tier 4-funded Organizational Units
divided by the total reduction in State funding. The Base
Funding Minimum as reduced shall continue to be applied to
Tier 3 and Tier 4 Organizational Units and adjusted by the
relative formula when increases in appropriations for this
Section resume. In no event may State funding reductions
to Organizational Units in Tier 3 or Tier 4 exceed an
amount that would be less than the Base Funding Minimum
established in the first year of implementation of this
Section. If additional reductions are required, all school
districts shall receive a reduction by a per pupil amount
equal to the aggregate additional appropriation reduction

divided by the total ASE of all Organizational Units.
(11) The State Superintendent shall make minor
adjustments to the distribution formula set forth in this
subsection (g) to account for the rounding of percentages
to the nearest tenth of a percentage and dollar amounts to
the nearest whole dollar.
(h) State Superintendent administration of funding and
district submission requirements.
(1) The State Superintendent shall, in accordance with
appropriations made by the General Assembly, meet the
funding obligations created under this Section.
(2) The State Superintendent shall calculate the
Adequacy Target for each Organizational Unit and Net State
Contribution Target for each Organizational Unit under
this Section. No Evidence-Based Funding shall be
distributed within an Organizational Unit without the
approval of the unit's school board.
(3) Annually, the State Superintendent shall calculate
and report to each Organizational Unit the unit's
aggregate financial adequacy amount, which shall be the
sum of the Adequacy Target for each Organizational Unit.
The State Superintendent shall calculate and report
separately for each Organizational Unit the unit's total
State funds allocated for its students with disabilities.
The State Superintendent shall calculate and report
separately for each Organizational Unit the amount of

funding and applicable FTE calculated for each Essential
Element of the unit's Adequacy Target.
(4) Annually, the State Superintendent shall calculate
and report to each Organizational Unit the amount the unit
must expend on special education and bilingual education
and computer technology and equipment for Organizational
Units assigned to Tier 1 or Tier 2 that received an
additional $285.50 per student computer technology and
equipment investment grant to their Adequacy Target
pursuant to the unit's Base Funding Minimum, Special
Education Allocation, Bilingual Education Allocation, and
computer technology and equipment investment allocation.
(5) Moneys distributed under this Section shall be
calculated on a school year basis, but paid on a fiscal
year basis, with payments beginning in August and
extending through June. Unless otherwise provided, the
moneys appropriated for each fiscal year shall be
distributed in 22 equal payments at least 2 times monthly
to each Organizational Unit. If moneys appropriated for
any fiscal year are distributed other than monthly, the
distribution shall be on the same basis for each
Organizational Unit.
(6) Any school district that fails, for any given
school year, to maintain school as required by law or to
maintain a recognized school is not eligible to receive
Evidence-Based Funding. In case of non-recognition of one

or more attendance centers in a school district otherwise
operating recognized schools, the claim of the district
shall be reduced in the proportion that the enrollment in
the attendance center or centers bears to the enrollment
of the school district. "Recognized school" means any
public school that meets the standards for recognition by
the State Board. A school district or attendance center
not having recognition status at the end of a school term
is entitled to receive State aid payments due upon a legal
claim that was filed while it was recognized.
(7) School district claims filed under this Section
are subject to Sections 18-9 and 18-12 of this Code,
except as otherwise provided in this Section.
(8) Each fiscal year, the State Superintendent shall
calculate for each Organizational Unit an amount of its
Base Funding Minimum and Evidence-Based Funding that shall
be deemed attributable to the provision of special
educational facilities and services, as defined in Section
14-1.08 of this Code, in a manner that ensures compliance
with maintenance of State financial support requirements
under the federal Individuals with Disabilities Education
Act. An Organizational Unit must use such funds only for
the provision of special educational facilities and
services, as defined in Section 14-1.08 of this Code, and
must comply with any expenditure verification procedures
adopted by the State Board.

(9) All Organizational Units in this State must submit
annual spending plans by the end of September of each year
to the State Board as part of the annual budget process,
which shall describe how each Organizational Unit will
utilize the Base Funding Minimum and Evidence-Based
Funding it receives from this State under this Section
with specific identification of the intended utilization
of Low-Income, English learner, and special education
resources. Additionally, the annual spending plans of each
Organizational Unit shall describe how the Organizational
Unit expects to achieve student growth and how the
Organizational Unit will achieve State education goals, as
defined by the State Board. The State Superintendent may,
from time to time, identify additional requisites for
Organizational Units to satisfy when compiling the annual
spending plans required under this subsection (h). The
format and scope of annual spending plans shall be
developed by the State Superintendent and the State Board
of Education. School districts that serve students under
Article 14C of this Code shall continue to submit
information as required under Section 14C-12 of this Code.
(10) No later than January 1, 2018, the State
Superintendent shall develop a 5-year strategic plan for
all Organizational Units to help in planning for adequacy
funding under this Section. The State Superintendent shall
submit the plan to the Governor and the General Assembly,

as provided in Section 3.1 of the General Assembly
Organization Act. The plan shall include recommendations
for:
(A) a framework for collaborative, professional,
innovative, and 21st century learning environments
using the Evidence-Based Funding model;
(B) ways to prepare and support this State's
educators for successful instructional careers;
(C) application and enhancement of the current
financial accountability measures, the approved State
plan to comply with the federal Every Student Succeeds
Act, and the Illinois Balanced Accountability Measures
in relation to student growth and elements of the
Evidence-Based Funding model; and
(D) implementation of an effective school adequacy
funding system based on projected and recommended
funding levels from the General Assembly.
(11) On an annual basis, the State Superintendent must
recalibrate all of the following per pupil elements of the
Adequacy Target and applied to the formulas, based on the
study of average expenses and as reported in the most
recent annual financial report:
(A) Gifted under subparagraph (M) of paragraph (2)
of subsection (b).
(B) Instructional materials under subparagraph (O)
of paragraph (2) of subsection (b).

(C) Assessment under subparagraph (P) of paragraph
(2) of subsection (b).
(D) Student activities under subparagraph (R) of
paragraph (2) of subsection (b).
(E) Maintenance and operations under subparagraph
(S) of paragraph (2) of subsection (b).
(F) Central office under subparagraph (T) of
paragraph (2) of subsection (b).
(i) Professional Review Panel.
(1) A Professional Review Panel is created to study
and review topics related to the implementation and effect
of Evidence-Based Funding, as assigned by a joint
resolution or Public Act of the General Assembly or a
motion passed by the State Board of Education. The Panel
must provide recommendations to and serve the Governor,
the General Assembly, and the State Board. The State
Superintendent or his or her designee must serve as a
voting member and chairperson of the Panel. The State
Superintendent must appoint a vice chairperson from the
membership of the Panel. The Panel must advance
recommendations based on a three-fifths majority vote of
Panel members present and voting. A minority opinion may
also accompany any recommendation of the Panel. The Panel
shall be appointed by the State Superintendent, except as
otherwise provided in paragraph (2) of this subsection (i)
and include the following members:

(A) Two appointees that represent district
superintendents, recommended by a statewide
organization that represents district superintendents.
(B) Two appointees that represent school boards,
recommended by a statewide organization that
represents school boards.
(C) Two appointees from districts that represent
school business officials, recommended by a statewide
organization that represents school business
officials.
(D) Two appointees that represent school
principals, recommended by a statewide organization
that represents school principals.
(E) Two appointees that represent teachers,
recommended by a statewide organization that
represents teachers.
(F) Two appointees that represent teachers,
recommended by another statewide organization that
represents teachers.
(G) Two appointees that represent regional
superintendents of schools, recommended by
organizations that represent regional superintendents.
(H) Two independent experts selected solely by the
State Superintendent.
(I) Two independent experts recommended by public
universities in this State.

(J) One member recommended by a statewide
organization that represents parents.
(K) Two representatives recommended by collective
impact organizations that represent major metropolitan
areas or geographic areas in Illinois.
(L) One member from a statewide organization
focused on research-based education policy to support
a school system that prepares all students for
college, a career, and democratic citizenship.
(M) One representative from a school district
organized under Article 34 of this Code.
The State Superintendent shall ensure that the
membership of the Panel includes representatives from
school districts and communities reflecting the
geographic, socio-economic, racial, and ethnic diversity
of this State. The State Superintendent shall additionally
ensure that the membership of the Panel includes
representatives with expertise in bilingual education and
special education. Staff from the State Board shall staff
the Panel.
(2) In addition to those Panel members appointed by
the State Superintendent, 4 members of the General
Assembly shall be appointed as follows: one member of the
House of Representatives appointed by the Speaker of the
House of Representatives, one member of the Senate
appointed by the President of the Senate, one member of

the House of Representatives appointed by the Minority
Leader of the House of Representatives, and one member of
the Senate appointed by the Minority Leader of the Senate.
There shall be one additional member appointed by the
Governor. All members appointed by legislative leaders or
the Governor shall be non-voting, ex officio members.
(3) The Panel must study topics at the direction of
the General Assembly or State Board of Education, as
provided under paragraph (1). The Panel may also study the
following topics at the direction of the chairperson:
(A) The format and scope of annual spending plans
referenced in paragraph (9) of subsection (h) of this
Section.
(B) The Comparable Wage Index under this Section.
(C) Maintenance and operations, including capital
maintenance and construction costs.
(D) "At-risk student" definition.
(E) Benefits.
(F) Technology.
(G) Local Capacity Target.
(H) Funding for Alternative Schools, Laboratory
Schools, safe schools, and alternative learning
opportunities programs.
(I) Funding for college and career acceleration
strategies.
(J) Special education investments.

(K) Early childhood investments, in collaboration
with the Illinois Early Learning Council.
(4) (Blank).
(5) Within 5 years after the implementation of this
Section, and every 5 years thereafter, the Panel shall
complete an evaluative study of the entire Evidence-Based
Funding model, including an assessment of whether or not
the formula is achieving State goals. The Panel shall
report to the State Board, the General Assembly, and the
Governor on the findings of the study.
(6) (Blank).
(j) References. Beginning July 1, 2017, references in
other laws to general State aid funds or calculations under
Section 18-8.05 of this Code (now repealed) shall be deemed to
be references to evidence-based model formula funds or
calculations under this Section.
(Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18;
100-582, eff. 3-23-18; 101-10, eff. 6-5-19; 101-17, eff.
6-14-19; 101-643, eff. 6-18-20; revised 8-21-20.)
(105 ILCS 5/22-33)
Sec. 22-33. Medical cannabis.
(a) This Section may be referred to as Ashley's Law.
(a-5) In this Section:
"Designated caregiver", "medical cannabis infused
product", "qualifying patient", and "registered" have the

meanings given to those terms under Section 10 of the
Compassionate Use of Medical Cannabis Program Act.
"Self-administration" means a student's discretionary use
of his or her medical cannabis infused product.
(b) Subject to the restrictions under subsections (c)
through (g) of this Section, a school district, public school,
charter school, or nonpublic school shall authorize a parent
or guardian or any other individual registered with the
Department of Public Health as a designated caregiver of a
student who is a registered qualifying patient to administer a
medical cannabis infused product to the student on the
premises of the child's school or on the child's school bus if
both the student (as a registered qualifying patient) and the
parent or guardian or other individual (as a registered
designated caregiver) have been issued registry identification
cards under the Compassionate Use of Medical Cannabis Program
Act. After administering the product, the parent or guardian
or other individual shall remove the product from the school
premises or the school bus.
(b-5) Notwithstanding subsection (b) and subject to the
restrictions under subsections (c) through (g), a school
district, public school, charter school, or nonpublic school
must allow a school nurse or school administrator to
administer a medical cannabis infused product to a student who
is a registered qualifying patient (i) while on school
premises, (ii) while at a school-sponsored activity, or (iii)

before or after normal school activities, including while the
student is in before-school or after-school care on
school-operated property or while the student is being
transported on a school bus. A school district, public school,
charter school, or nonpublic school may authorize the
self-administration of a medical cannabis infused product by a
student who is a registered qualifying patient if the
self-administration takes place under the direct supervision
of a school nurse or school administrator.
Before allowing the administration of a medical cannabis
infused product by a school nurse or school administrator or a
student's self-administration of a medical cannabis infused
product under the supervision of a school nurse or school
administrator under this subsection, the parent or guardian of
a student who is the registered qualifying patient must
provide written authorization for its use, along with a copy
of the registry identification card of the student (as a
registered qualifying patient) and the parent or guardian (as
a registered designated caregiver). The written authorization
must specify the times at which where or the special
circumstances under which the medical cannabis infused product
must be administered. The written authorization and a copy of
the registry identification cards must be kept on file in the
office of the school nurse. The authorization for a student to
self-administer medical cannabis infused products is effective
for the school year in which it is granted and must be renewed

each subsequent school year upon fulfillment of the
requirements of this Section.
(b-10) Medical cannabis infused products that are to be
administered under subsection (b-5) must be stored with the
school nurse at all times in a manner consistent with storage
of other student medication at the school and may be
accessible only by the school nurse or a school administrator.
(c) A parent or guardian or other individual may not
administer a medical cannabis infused product under this
Section in a manner that, in the opinion of the school district
or school, would create a disruption to the school's
educational environment or would cause exposure of the product
to other students.
(d) A school district or school may not discipline a
student who is administered a medical cannabis infused product
by a parent or guardian or other individual under this Section
or who self-administers a medical cannabis infused product
under the supervision of a school nurse or school
administrator under this Section and may not deny the
student's eligibility to attend school solely because the
student requires the administration of the product.
(e) Nothing in this Section requires a member of a
school's staff to administer a medical cannabis infused
product to a student.
(f) A school district, public school, charter school, or
nonpublic school may not authorize the use of a medical

cannabis infused product under this Section if the school
district or school would lose federal funding as a result of
the authorization.
(f-5) The State Board of Education, in consultation with
the Department of Public Health, must develop a training
curriculum for school nurses and school administrators on the
administration of medical cannabis infused products. Prior to
the administration of a medical cannabis infused product under
subsection (b-5), a school nurse or school administrator must
annually complete the training curriculum developed under this
subsection and must submit to the school's administration
proof of its completion. A school district, public school,
charter school, or nonpublic school must maintain records
related to the training curriculum and of the school nurses or
school administrators who have completed the training.
(g) A school district, public school, charter school, or
nonpublic school shall adopt a policy to implement this
Section.
(Source: P.A. 100-660, eff. 8-1-18; 101-363, eff. 8-9-19;
101-370, eff. 1-1-20; revised 10-7-19.)
(105 ILCS 5/22-85)
Sec. 22-85. Sexual abuse at schools.
(a) The General Assembly finds that:
(1) investigation of a child regarding an incident of
sexual abuse can induce significant trauma for the child;

(2) it is desirable to prevent multiple interviews of
a child at a school; and
(3) it is important to recognize the role of
Children's Advocacy Centers in conducting developmentally
appropriate investigations.
(b) In this Section:
"Alleged incident of sexual abuse" is limited to an
incident of sexual abuse of a child that is alleged to have
been perpetrated by school personnel, including a school
vendor or volunteer, that occurred (i) on school grounds or
during a school activity or (ii) outside of school grounds or
not during a school activity.
"Appropriate law enforcement agency" means a law
enforcement agency whose employees have been involved, in some
capacity, with an investigation of a particular alleged
incident of sexual abuse.
(c) If a mandated reporter within a school has knowledge
of an alleged incident of sexual abuse, the reporter must call
the Department of Children and Family Services' hotline
established under Section 7.6 of the Abused and Neglected
Child Reporting Act immediately after obtaining the minimal
information necessary to make a report, including the names of
the affected parties and the allegations. The State Board of
Education must make available materials detailing the
information that is necessary to enable notification to the
Department of Children and Family Services of an alleged

incident of sexual abuse. Each school must ensure that
mandated reporters review the State Board of Education's
materials and materials developed by the Department of
Children and Family Services and distributed in the school
building under Section 7 of the Abused and Neglected Child
Reporting Act at least once annually.
(d) For schools in a county with an accredited Children's
Advocacy Center, every alleged incident of sexual abuse that
is reported to the Department of Children and Family Services'
hotline or a law enforcement agency and is subsequently
accepted for investigation must be referred by the entity that
received the report to the local Children's Advocacy Center
pursuant to that county's multidisciplinary team's protocol
under the Children's Advocacy Center Act for investigating
child sexual abuse allegations.
(e) A county's local Children's Advocacy Center must, at a
minimum, do both of the following regarding a referred case of
an alleged incident of sexual abuse:
(1) Coordinate the investigation of the alleged
incident, as governed by the local Children's Advocacy
Center's existing multidisciplinary team protocol and
according to National Children's Alliance accreditation
standards.
(2) Facilitate communication between the
multidisciplinary team investigating the alleged incident
of sexual abuse and, if applicable, the referring school's

(i) Title IX officer, or his or her designee, (ii) school
resource officer, or (iii) personnel leading the school's
investigation into the alleged incident of sexual abuse.
If a school uses a designated entity to investigate a
sexual abuse allegation, the multidisciplinary team may
correspond only with that entity and any reference in this
Section to "school" refers to that designated entity. This
facilitation of communication must, at a minimum, ensure
that all applicable parties have each other's contact
information and must share the county's local Children's
Advocacy Center's protocol regarding the process of
approving the viewing of a forensic interview, as defined
under Section 2.5 of the Children's Advocacy Center Act,
by school personnel and a contact person for questions
relating to the protocol.
(f) After an alleged incident of sexual abuse is accepted
for investigation by the Department of Children and Family
Services or a law enforcement agency and while the criminal
and child abuse investigations related to that alleged
incident are being conducted by the local multidisciplinary
team, the school relevant to the alleged incident of sexual
abuse must comply with both of the following:
(1) It may not interview the alleged victim regarding
details of the alleged incident of sexual abuse until
after the completion of the forensic interview of that
victim is conducted at a Children's Advocacy Center. This

paragraph does not prohibit a school from requesting
information from the alleged victim or his or her parent
or guardian to ensure the safety and well-being of the
alleged victim at school during an investigation.
(2) If asked by a law enforcement agency or an
investigator of the Department of Children and Family
Services who is conducting the investigation, it must
inform those individuals of any evidence the school has
gathered pertaining to an alleged incident of sexual
abuse, as permissible by federal or State law.
(g) After completion of a forensic interview, the
multidisciplinary team must notify the school relevant to the
alleged incident of sexual abuse of its completion. If, for
any reason, a multidisciplinary team determines it will not
conduct a forensic interview in a specific investigation, the
multidisciplinary team must notify the school as soon as the
determination is made. If a forensic interview has not been
conducted within 15 calendar days after opening an
investigation, the school may notify the multidisciplinary
team that it intends to interview the alleged victim. No later
than 10 calendar days after this notification, the
multidisciplinary team may conduct the forensic interview and,
if the multidisciplinary team does not conduct the interview,
the school may proceed with its interview.
(h) To the greatest extent possible considering student
safety and Title IX compliance, school personnel may view the

electronic recordings of a forensic interview of an alleged
victim of an incident of sexual abuse. As a means to avoid
additional interviews of an alleged victim, school personnel
must be granted viewing access to the electronic recording of
a forensic interview conducted at an accredited Children's
Advocacy Center for an alleged incident of sexual abuse only
if the school receives (i) approval from the multidisciplinary
team investigating the case and (ii) informed consent by a
child over the age of 13 or the child's parent or guardian.
Each county's local Children's Advocacy Center and
multidisciplinary team must establish an internal protocol
regarding the process of approving the viewing of the forensic
interview, and this process and the contact person must be
shared with the school contact at the time of the initial
facilitation. Whenever possible, the school's viewing of the
electronic recording of a forensic interview should be
conducted in lieu of the need for additional interviews.
(i) For an alleged incident of sexual abuse that has been
accepted for investigation by a multidisciplinary team, if,
during the course of its internal investigation and at any
point during or after the multidisciplinary team's
investigation, the school determines that it needs to
interview the alleged victim to successfully complete its
investigation and the victim is under 18 years of age, a child
advocate must be made available to the student and may be
present during the school's interview. A child advocate may be

a school social worker, a school or equally qualified
psychologist, or a person in a position the State Board of
Education has identified as an appropriate advocate for the
student during a school's investigation into an alleged
incident of sexual abuse.
(j) The Department of Children and Family Services must
notify the relevant school when an agency investigation of an
alleged incident of sexual abuse is complete. The notification
must include information on the outcome of that investigation.
(k) The appropriate law enforcement agency must notify the
relevant school when an agency investigation of an alleged
incident of sexual abuse is complete or has been suspended.
The notification must include information on the outcome of
that investigation.
(l) This Section applies to all schools operating under
this Code, including, but not limited to, public schools
located in cities having a population of more than 500,000, a
school operated pursuant to an agreement with a public school
district, alternative schools operated by third parties, an
alternative learning opportunities program, a public school
administered by a local public agency or the Department of
Human Services, charter schools operating under the authority
of Article 27A, and non-public schools recognized by the State
Board of Education.
(Source: P.A. 101-531, eff. 8-23-19.)

(105 ILCS 5/22-87)
Sec. 22-87 22-85. Graduation requirements; Free
Application for Federal Student Aid.
(a) Beginning with the 2020-2021 school year, in addition
to any other requirements under this Code, as a prerequisite
to receiving a high school diploma from a public high school,
the parent or guardian of each student or, if a student is at
least 18 years of age or legally emancipated, the student must
comply with either of the following:
(1) File a Free Application for Federal Student Aid
with the United States Department of Education or, if
applicable, an application for State financial aid.
(2) On a form created by the State Board of Education,
file a waiver with the student's school district
indicating that the parent or guardian or, if applicable,
the student understands what the Free Application for
Federal Student Aid and application for State financial
aid are and has chosen not to file an application under
paragraph (1).
(b) Each school district with a high school must require
each high school student to comply with this Section and must
provide to each high school student and, if applicable, his or
her parent or guardian any support or assistance necessary to
comply with this Section. A school district must award a high
school diploma to a student who is unable to meet the
requirements of subsection (a) due to extenuating

circumstances, as determined by the school district, if (i)
the student has met all other graduation requirements under
this Code and (ii) the principal attests that the school
district has made a good faith effort to assist the student or,
if applicable, his or her parent or guardian in filing an
application or a waiver under subsection (a).
(c) The State Board of Education may adopt rules to
implement this Section.
(Source: P.A. 101-180, eff. 6-1-20; revised 8-4-20.)
(105 ILCS 5/22-88)
Sec. 22-88 22-85. Parental notification of law enforcement
detainment and questioning on school grounds.
(a) In this Section, "school grounds" means the real
property comprising an active and operational elementary or
secondary school during the regular hours in which school is
in session and when students are present.
(b) Before detaining and questioning a student on school
grounds who is under 18 years of age and who is suspected of
committing a criminal act, a law enforcement officer, a school
resource officer, or other school security personnel must do
all of the following:
(1) Ensure that notification or attempted notification
of the student's parent or guardian is made.
(2) Document the time and manner in which the
notification or attempted notification under paragraph (1)

occurred.
(3) Make reasonable efforts to ensure that the
student's parent or guardian is present during the
questioning or, if the parent or guardian is not present,
ensure that school personnel, including, but not limited
to, a school social worker, a school psychologist, a
school nurse, a school guidance counselor, or any other
mental health professional, are present during the
questioning.
(4) If practicable, make reasonable efforts to ensure
that a law enforcement officer trained in promoting safe
interactions and communications with youth is present
during the questioning. An officer who received training
in youth investigations approved or certified by his or
her law enforcement agency or under Section 10.22 of the
Police Training Act or a juvenile police officer, as
defined under Section 1-3 of the Juvenile Court Act of
1987, satisfies the requirement under this paragraph.
(c) This Section does not limit the authority of a law
enforcement officer to make an arrest on school grounds. This
Section does not apply to circumstances that would cause a
reasonable person to believe that urgent and immediate action
is necessary to do any of the following:
(1) Prevent bodily harm or injury to the student or
any other person.
(2) Apprehend an armed or fleeing suspect.

(3) Prevent the destruction of evidence.
(4) Address an emergency or other dangerous situation.
(Source: P.A. 101-478, eff. 8-23-19; revised 8-24-20.)
(105 ILCS 5/24A-7) (from Ch. 122, par. 24A-7)
Sec. 24A-7. Rules. The State Board of Education is
authorized to adopt such rules as are deemed necessary to
implement and accomplish the purposes and provisions of this
Article, including, but not limited to, rules:
(1) (i) relating to the methods for measuring student
growth (including, but not limited to, limitations on the
age of usable useable data; the amount of data needed to
reliably and validly measure growth for the purpose of
teacher and principal evaluations; and whether and at what
time annual State assessments may be used as one of
multiple measures of student growth);
(2) , (ii) defining the term "significant factor" for
purposes of including consideration of student growth in
performance ratings;
(3) , (iii) controlling for such factors as student
characteristics (including, but not limited to, students
receiving special education and English Language Learner
services), student attendance, and student mobility so as
to best measure the impact that a teacher, principal,
school and school district has on students' academic
achievement;

(4) , (iv) establishing minimum requirements for
district teacher and principal evaluation instruments and
procedures; , and
(5) (v) establishing a model evaluation plan for use
by school districts in which student growth shall comprise
50% of the performance rating.
Notwithstanding any other provision in this Section, such
rules shall not preclude a school district having 500,000 or
more inhabitants from using an annual State assessment as the
sole measure of student growth for purposes of teacher or
principal evaluations.
The State Superintendent of Education shall convene a
Performance Evaluation Advisory Council, which shall be
staffed by the State Board of Education. Members of the
Council shall be selected by the State Superintendent and
include, without limitation, representatives of teacher unions
and school district management, persons with expertise in
performance evaluation processes and systems, as well as other
stakeholders. The Council shall meet at least quarterly, and
may also meet at the call of the chairperson of the Council,
following August 18, 2017 (the effective date of Public Act
100-211) this amendatory Act of the 100th General Assembly
until June 30, 2021. The Council shall advise the State Board
of Education on the ongoing implementation of performance
evaluations in this State, which may include gathering public
feedback, sharing best practices, consulting with the State

Board on any proposed rule changes regarding evaluations, and
other subjects as determined by the chairperson of the
Council.
Prior to the applicable implementation date, these rules
shall not apply to teachers assigned to schools identified in
an agreement entered into between the board of a school
district operating under Article 34 of this Code and the
exclusive representative of the district's teachers in
accordance with Section 34-85c of this Code.
(Source: P.A. 100-211, eff. 8-18-17; revised 7-15-19.)
(105 ILCS 5/27-23.13)
Sec. 27-23.13. Hunting safety. A school district may offer
its students a course on hunting safety as part of its
curriculum during the school day or as part of an after-school
program. The State Board of Education may prepare and make
available to school boards resources on hunting safety that
may be used as guidelines for the development of a course under
this Section.
(Source: P.A. 101-152, eff. 7-26-19.)
(105 ILCS 5/27-23.14)
Sec. 27-23.14 27-23.13. Workplace preparation course. A
school district that maintains any of grades 9 through 12 may
include in its high school curriculum a unit of instruction on
workplace preparation that covers legal protections in the

workplace, including protection against sexual harassment and
racial and other forms of discrimination and other protections
for employees. A school board may determine the minimum amount
of instruction time that qualifies as a unit of instruction
under this Section.
(Source: P.A. 101-347, eff. 1-1-20; revised 9-25-19.)
(105 ILCS 5/27-24.1) (from Ch. 122, par. 27-24.1)
Sec. 27-24.1. Definitions. As used in the Driver Education
Act unless the context otherwise requires:
"State Board" means the State Board of Education. ;
"Driver education course" and "course" means a course of
instruction in the use and operation of cars, including
instruction in the safe operation of cars and rules of the road
and the laws of this State relating to motor vehicles, which
meets the minimum requirements of this Act and the rules and
regulations issued thereunder by the State Board and has been
approved by the State Board as meeting such requirements. ;
"Car" means a motor vehicle of the first division as
defined in the Illinois Vehicle Code. ;
"Motorcycle" or "motor driven cycle" means such a vehicle
as defined in the Illinois Vehicle Code. ;
"Driver's license" means any license or permit issued by
the Secretary of State under Chapter 6 of the Illinois Vehicle
Code.
"Distance learning program" means a program of study in

which all participating teachers and students do not
physically meet in the classroom and instead use the Internet,
email, or any other method other than the classroom to provide
instruction.
With reference to persons, the singular number includes
the plural and vice versa, and the masculine gender includes
the feminine.
(Source: P.A. 101-183, eff. 8-2-19; revised 9-26-19.)
(105 ILCS 5/27-24.2) (from Ch. 122, par. 27-24.2)
Sec. 27-24.2. Safety education; driver education course.
Instruction shall be given in safety education in each of
grades one through 8, equivalent to one class period each
week, and any school district which maintains grades 9 through
12 shall offer a driver education course in any such school
which it operates. Its curriculum shall include content
dealing with Chapters 11, 12, 13, 15, and 16 of the Illinois
Vehicle Code, the rules adopted pursuant to those Chapters
insofar as they pertain to the operation of motor vehicles,
and the portions of the Litter Control Act relating to the
operation of motor vehicles. The course of instruction given
in grades 10 through 12 shall include an emphasis on the
development of knowledge, attitudes, habits, and skills
necessary for the safe operation of motor vehicles, including
motorcycles insofar as they can be taught in the classroom,
and instruction on distracted driving as a major traffic

safety issue. In addition, the course shall include
instruction on special hazards existing at and required safety
and driving precautions that must be observed at emergency
situations, highway construction and maintenance zones, and
railroad crossings and the approaches thereto. Beginning with
the 2017-2018 school year, the course shall also include
instruction concerning law enforcement procedures for traffic
stops, including a demonstration of the proper actions to be
taken during a traffic stop and appropriate interactions with
law enforcement. The course of instruction required of each
eligible student at the high school level shall consist of a
minimum of 30 clock hours of classroom instruction and a
minimum of 6 clock hours of individual behind-the-wheel
instruction in a dual control car on public roadways taught by
a driver education instructor endorsed by the State Board of
Education. A school district's decision to allow a student to
take a portion of the driver education course through a
distance learning program must be determined on a case-by-case
basis and must be approved by the school's administration,
including the student's driver education teacher, and the
student's parent or guardian. Under no circumstances may the
student take the entire driver education course through a
distance learning program. Both the classroom instruction part
and the practice driving part of a driver education course
shall be open to a resident or non-resident student attending
a non-public school in the district wherein the course is

offered. Each student attending any public or non-public high
school in the district must receive a passing grade in at least
8 courses during the previous 2 semesters prior to enrolling
in a driver education course, or the student shall not be
permitted to enroll in the course; provided that the local
superintendent of schools (with respect to a student attending
a public high school in the district) or chief school
administrator (with respect to a student attending a
non-public high school in the district) may waive the
requirement if the superintendent or chief school
administrator, as the case may be, deems it to be in the best
interest of the student. A student may be allowed to commence
the classroom instruction part of such driver education course
prior to reaching age 15 if such student then will be eligible
to complete the entire course within 12 months after being
allowed to commence such classroom instruction.
A school district may offer a driver education course in a
school by contracting with a commercial driver training school
to provide both the classroom instruction part and the
practice driving part or either one without having to request
a modification or waiver of administrative rules of the State
Board of Education if the school district approves the action
during a public hearing on whether to enter into a contract
with a commercial driver training school. The public hearing
shall be held at a regular or special school board meeting
prior to entering into such a contract. If a school district

chooses to approve a contract with a commercial driver
training school, then the district must provide evidence to
the State Board of Education that the commercial driver
training school with which it will contract holds a license
issued by the Secretary of State under Article IV of Chapter 6
of the Illinois Vehicle Code and that each instructor employed
by the commercial driver training school to provide
instruction to students served by the school district holds a
valid teaching license issued under the requirements of this
Code and rules of the State Board of Education. Such evidence
must include, but need not be limited to, a list of each
instructor assigned to teach students served by the school
district, which list shall include the instructor's name,
personal identification number as required by the State Board
of Education, birth date, and driver's license number. Once
the contract is entered into, the school district shall notify
the State Board of Education of any changes in the personnel
providing instruction either (i) within 15 calendar days after
an instructor leaves the program or (ii) before a new
instructor is hired. Such notification shall include the
instructor's name, personal identification number as required
by the State Board of Education, birth date, and driver's
license number. If the school district maintains an Internet
website, then the district shall post a copy of the final
contract between the district and the commercial driver
training school on the district's Internet website. If no

Internet website exists, then the school district shall make
available the contract upon request. A record of all materials
in relation to the contract must be maintained by the school
district and made available to parents and guardians upon
request. The instructor's date of birth and driver's license
number and any other personally identifying information as
deemed by the federal Driver's Privacy Protection Act of 1994
must be redacted from any public materials.
Such a course may be commenced immediately after the
completion of a prior course. Teachers of such courses shall
meet the licensure requirements of this Code and regulations
of the State Board as to qualifications. Except for a contract
with a Certified Driver Rehabilitation Specialist, a school
district that contracts with a third party to teach a driver
education course under this Section must ensure the teacher
meets the educator licensure and endorsement requirements
under Article 21B and must follow the same evaluation and
observation requirements that apply to non-tenured teachers
under Article 24A. The teacher evaluation must be conducted by
a school administrator employed by the school district and
must be submitted annually to the district superintendent and
all school board members for oversight purposes.
Subject to rules of the State Board of Education, the
school district may charge a reasonable fee, not to exceed
$50, to students who participate in the course, unless a
student is unable to pay for such a course, in which event the

fee for such a student must be waived. However, the district
may increase this fee to an amount not to exceed $250 by school
board resolution following a public hearing on the increase,
which increased fee must be waived for students who
participate in the course and are unable to pay for the course.
The total amount from driver education fees and reimbursement
from the State for driver education must not exceed the total
cost of the driver education program in any year and must be
deposited into the school district's driver education fund as
a separate line item budget entry. All moneys deposited into
the school district's driver education fund must be used
solely for the funding of a high school driver education
program approved by the State Board of Education that uses
driver education instructors endorsed by the State Board of
Education.
(Source: P.A. 100-465, eff. 8-31-17; 101-183, eff. 8-2-19;
101-450, eff. 8-23-19; revised 9-19-19.)
(105 ILCS 5/27A-5)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article

by creating a new school or by converting an existing public
school or attendance center to charter school status.
Beginning on April 16, 2003 (the effective date of Public Act
93-3), in all new applications to establish a charter school
in a city having a population exceeding 500,000, operation of
the charter school shall be limited to one campus. The changes
made to this Section by Public Act 93-3 do not apply to charter
schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3).
(b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.
From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
(c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter

school shall be subject to the Freedom of Information Act and
the Open Meetings Act. No later than January 1, 2021 (one year
after the effective date of Public Act 101-291) this
amendatory Act of the 101st General Assembly, a charter
school's board of directors or other governing body must
include at least one parent or guardian of a pupil currently
enrolled in the charter school who may be selected through the
charter school or a charter network election, appointment by
the charter school's board of directors or other governing
body, or by the charter school's Parent Teacher Organization
or its equivalent.
(c-5) No later than January 1, 2021 (one year after the
effective date of Public Act 101-291) this amendatory Act of
the 101st General Assembly or within the first year of his or
her first term, every voting member of a charter school's
board of directors or other governing body shall complete a
minimum of 4 hours of professional development leadership
training to ensure that each member has sufficient familiarity
with the board's or governing body's role and
responsibilities, including financial oversight and
accountability of the school, evaluating the principal's and
school's performance, adherence to the Freedom of Information
Act and the Open Meetings Act Acts, and compliance with
education and labor law. In each subsequent year of his or her
term, a voting member of a charter school's board of directors
or other governing body shall complete a minimum of 2 hours of

professional development training in these same areas. The
training under this subsection may be provided or certified by
a statewide charter school membership association or may be
provided or certified by other qualified providers approved by
the State Board of Education.
(d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and
school personnel. "Non-curricular health and safety
requirement" does not include any course of study or
specialized instructional requirement for which the State
Board has established goals and learning standards or which is
designed primarily to impart knowledge and skills for students
to master and apply as an outcome of their education.
A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. On or before September
1, 2015, the State Board shall promulgate and post on its
Internet website a list of non-curricular health and safety
requirements that a charter school must meet. The list shall
be updated annually no later than September 1. Any charter
contract between a charter school and its authorizer must
contain a provision that requires the charter school to follow

the list of all non-curricular health and safety requirements
promulgated by the State Board and any non-curricular health
and safety requirements added by the State Board to such list
during the term of the charter. Nothing in this subsection (d)
precludes an authorizer from including non-curricular health
and safety requirements in a charter school contract that are
not contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
(f) A charter school shall be responsible for the
management and operation of its fiscal affairs including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. To ensure financial accountability for the use of
public funds, on or before December 1 of every year of
operation, each charter school shall submit to its authorizer
and the State Board a copy of its audit and a copy of the Form
990 the charter school filed that year with the federal
Internal Revenue Service. In addition, if deemed necessary for
proper financial oversight of the charter school, an
authorizer may require quarterly financial statements from

each charter school.
(g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act,
all federal and State laws and rules applicable to public
schools that pertain to special education and the instruction
of English learners, and its charter. A charter school is
exempt from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code
regarding criminal history records checks and checks of
the Statewide Sex Offender Database and Statewide Murderer
and Violent Offender Against Youth Database of applicants
for employment;
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
34-84a of this Code regarding discipline of students;
(3) the Local Governmental and Governmental Employees
Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and
subsection (b) of Section 34-18.6 of this Code;
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school

report cards;
(8) the P-20 Longitudinal Education Data System Act;
(9) Section 27-23.7 of this Code regarding bullying
prevention;
(10) Section 2-3.162 of this Code regarding student
discipline reporting;
(11) Sections 22-80 and 27-8.1 of this Code;
(12) Sections 10-20.60 and 34-18.53 of this Code;
(13) Sections 10-20.63 and 34-18.56 of this Code;
(14) Section 26-18 of this Code;
(15) Section 22-30 of this Code; and
(16) Sections 24-12 and 34-85 of this Code; and .
(17) the (16) The Seizure Smart School Act.
The change made by Public Act 96-104 to this subsection
(g) is declaratory of existing law.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required
to perform in order to carry out the terms of its charter.
However, a charter school that is established on or after

April 16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. Except as provided in subsection
(i) of this Section, a school district may charge a charter
school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a
charter school contracts with a school district shall be
provided by the district at cost. Any services for which a
charter school contracts with a local school board or with the
governing body of a State college or university or public
community college shall be provided by the public entity at
cost.
(i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be
subject to negotiation between the charter school and the
local school board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age
or grade level.

(k) If the charter school is approved by the State Board or
Commission, then the charter school is its own local education
agency.
(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised 8-4-20.)
(105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
Sec. 34-18. Powers of the board. The board shall exercise
general supervision and jurisdiction over the public education
and the public school system of the city, and, except as
otherwise provided by this Article, shall have power:
1. To make suitable provision for the establishment
and maintenance throughout the year or for such portion
thereof as it may direct, not less than 9 months and in
compliance with Section 10-19.05, of schools of all grades
and kinds, including normal schools, high schools, night
schools, schools for defectives and delinquents, parental
and truant schools, schools for the blind, the deaf, and
persons with physical disabilities, schools or classes in
manual training, constructural and vocational teaching,
domestic arts, and physical culture, vocation and
extension schools and lecture courses, and all other
educational courses and facilities, including

establishing, equipping, maintaining and operating
playgrounds and recreational programs, when such programs
are conducted in, adjacent to, or connected with any
public school under the general supervision and
jurisdiction of the board; provided that the calendar for
the school term and any changes must be submitted to and
approved by the State Board of Education before the
calendar or changes may take effect, and provided that in
allocating funds from year to year for the operation of
all attendance centers within the district, the board
shall ensure that supplemental general State aid or
supplemental grant funds are allocated and applied in
accordance with Section 18-8, 18-8.05, or 18-8.15. To
admit to such schools without charge foreign exchange
students who are participants in an organized exchange
student program which is authorized by the board. The
board shall permit all students to enroll in
apprenticeship programs in trade schools operated by the
board, whether those programs are union-sponsored or not.
No student shall be refused admission into or be excluded
from any course of instruction offered in the common
schools by reason of that student's sex. No student shall
be denied equal access to physical education and
interscholastic athletic programs supported from school
district funds or denied participation in comparable
physical education and athletic programs solely by reason

of the student's sex. Equal access to programs supported
from school district funds and comparable programs will be
defined in rules promulgated by the State Board of
Education in consultation with the Illinois High School
Association. Notwithstanding any other provision of this
Article, neither the board of education nor any local
school council or other school official shall recommend
that children with disabilities be placed into regular
education classrooms unless those children with
disabilities are provided with supplementary services to
assist them so that they benefit from the regular
classroom instruction and are included on the teacher's
regular education class register;
2. To furnish lunches to pupils, to make a reasonable
charge therefor, and to use school funds for the payment
of such expenses as the board may determine are necessary
in conducting the school lunch program;
3. To co-operate with the circuit court;
4. To make arrangements with the public or
quasi-public libraries and museums for the use of their
facilities by teachers and pupils of the public schools;
5. To employ dentists and prescribe their duties for
the purpose of treating the pupils in the schools, but
accepting such treatment shall be optional with parents or
guardians;
6. To grant the use of assembly halls and classrooms

when not otherwise needed, including light, heat, and
attendants, for free public lectures, concerts, and other
educational and social interests, free of charge, under
such provisions and control as the principal of the
affected attendance center may prescribe;
7. To apportion the pupils to the several schools;
provided that no pupil shall be excluded from or
segregated in any such school on account of his color,
race, sex, or nationality. The board shall take into
consideration the prevention of segregation and the
elimination of separation of children in public schools
because of color, race, sex, or nationality. Except that
children may be committed to or attend parental and social
adjustment schools established and maintained either for
boys or girls only. All records pertaining to the
creation, alteration or revision of attendance areas shall
be open to the public. Nothing herein shall limit the
board's authority to establish multi-area attendance
centers or other student assignment systems for
desegregation purposes or otherwise, and to apportion the
pupils to the several schools. Furthermore, beginning in
school year 1994-95, pursuant to a board plan adopted by
October 1, 1993, the board shall offer, commencing on a
phased-in basis, the opportunity for families within the
school district to apply for enrollment of their children
in any attendance center within the school district which

does not have selective admission requirements approved by
the board. The appropriate geographical area in which such
open enrollment may be exercised shall be determined by
the board of education. Such children may be admitted to
any such attendance center on a space available basis
after all children residing within such attendance
center's area have been accommodated. If the number of
applicants from outside the attendance area exceed the
space available, then successful applicants shall be
selected by lottery. The board of education's open
enrollment plan must include provisions that allow
low-income low income students to have access to
transportation needed to exercise school choice. Open
enrollment shall be in compliance with the provisions of
the Consent Decree and Desegregation Plan cited in Section
34-1.01;
8. To approve programs and policies for providing
transportation services to students. Nothing herein shall
be construed to permit or empower the State Board of
Education to order, mandate, or require busing or other
transportation of pupils for the purpose of achieving
racial balance in any school;
9. Subject to the limitations in this Article, to
establish and approve system-wide curriculum objectives
and standards, including graduation standards, which
reflect the multi-cultural diversity in the city and are

consistent with State law, provided that for all purposes
of this Article courses or proficiency in American Sign
Language shall be deemed to constitute courses or
proficiency in a foreign language; and to employ
principals and teachers, appointed as provided in this
Article, and fix their compensation. The board shall
prepare such reports related to minimal competency testing
as may be requested by the State Board of Education, and,
in addition, shall monitor and approve special education
and bilingual education programs and policies within the
district to ensure assure that appropriate services are
provided in accordance with applicable State and federal
laws to children requiring services and education in those
areas;
10. To employ non-teaching personnel or utilize
volunteer personnel for: (i) non-teaching duties not
requiring instructional judgment or evaluation of pupils,
including library duties; and (ii) supervising study
halls, long distance teaching reception areas used
incident to instructional programs transmitted by
electronic media such as computers, video, and audio,
detention and discipline areas, and school-sponsored
extracurricular activities. The board may further utilize
volunteer non-certificated personnel or employ
non-certificated personnel to assist in the instruction of
pupils under the immediate supervision of a teacher

holding a valid certificate, directly engaged in teaching
subject matter or conducting activities; provided that the
teacher shall be continuously aware of the
non-certificated persons' activities and shall be able to
control or modify them. The general superintendent shall
determine qualifications of such personnel and shall
prescribe rules for determining the duties and activities
to be assigned to such personnel;
10.5. To utilize volunteer personnel from a regional
School Crisis Assistance Team (S.C.A.T.), created as part
of the Safe to Learn Program established pursuant to
Section 25 of the Illinois Violence Prevention Act of
1995, to provide assistance to schools in times of
violence or other traumatic incidents within a school
community by providing crisis intervention services to
lessen the effects of emotional trauma on individuals and
the community; the School Crisis Assistance Team Steering
Committee shall determine the qualifications for
volunteers;
11. To provide television studio facilities in not to
exceed one school building and to provide programs for
educational purposes, provided, however, that the board
shall not construct, acquire, operate, or maintain a
television transmitter; to grant the use of its studio
facilities to a licensed television station located in the
school district; and to maintain and operate not to exceed

one school radio transmitting station and provide programs
for educational purposes;
12. To offer, if deemed appropriate, outdoor education
courses, including field trips within the State of
Illinois, or adjacent states, and to use school
educational funds for the expense of the said outdoor
educational programs, whether within the school district
or not;
13. During that period of the calendar year not
embraced within the regular school term, to provide and
conduct courses in subject matters normally embraced in
the program of the schools during the regular school term
and to give regular school credit for satisfactory
completion by the student of such courses as may be
approved for credit by the State Board of Education;
14. To insure against any loss or liability of the
board, the former School Board Nominating Commission,
Local School Councils, the Chicago Schools Academic
Accountability Council, or the former Subdistrict Councils
or of any member, officer, agent, or employee thereof,
resulting from alleged violations of civil rights arising
from incidents occurring on or after September 5, 1967 or
from the wrongful or negligent act or omission of any such
person whether occurring within or without the school
premises, provided the officer, agent, or employee was, at
the time of the alleged violation of civil rights or

wrongful act or omission, acting within the scope of his
or her employment or under direction of the board, the
former School Board Nominating Commission, the Chicago
Schools Academic Accountability Council, Local School
Councils, or the former Subdistrict Councils; and to
provide for or participate in insurance plans for its
officers and employees, including, but not limited to,
retirement annuities, medical, surgical and
hospitalization benefits in such types and amounts as may
be determined by the board; provided, however, that the
board shall contract for such insurance only with an
insurance company authorized to do business in this State.
Such insurance may include provision for employees who
rely on treatment by prayer or spiritual means alone for
healing, in accordance with the tenets and practice of a
recognized religious denomination;
15. To contract with the corporate authorities of any
municipality or the county board of any county, as the
case may be, to provide for the regulation of traffic in
parking areas of property used for school purposes, in
such manner as is provided by Section 11-209 of the The
Illinois Vehicle Code, approved September 29, 1969, as
amended;
16. (a) To provide, on an equal basis, access to a high
school campus and student directory information to the
official recruiting representatives of the armed forces of

Illinois and the United States for the purposes of
informing students of the educational and career
opportunities available in the military if the board has
provided such access to persons or groups whose purpose is
to acquaint students with educational or occupational
opportunities available to them. The board is not required
to give greater notice regarding the right of access to
recruiting representatives than is given to other persons
and groups. In this paragraph 16, "directory information"
means a high school student's name, address, and telephone
number.
(b) If a student or his or her parent or guardian
submits a signed, written request to the high school
before the end of the student's sophomore year (or if the
student is a transfer student, by another time set by the
high school) that indicates that the student or his or her
parent or guardian does not want the student's directory
information to be provided to official recruiting
representatives under subsection (a) of this Section, the
high school may not provide access to the student's
directory information to these recruiting representatives.
The high school shall notify its students and their
parents or guardians of the provisions of this subsection
(b).
(c) A high school may require official recruiting
representatives of the armed forces of Illinois and the

United States to pay a fee for copying and mailing a
student's directory information in an amount that is not
more than the actual costs incurred by the high school.
(d) Information received by an official recruiting
representative under this Section may be used only to
provide information to students concerning educational and
career opportunities available in the military and may not
be released to a person who is not involved in recruiting
students for the armed forces of Illinois or the United
States;
17. (a) To sell or market any computer program
developed by an employee of the school district, provided
that such employee developed the computer program as a
direct result of his or her duties with the school
district or through the utilization of the school district
resources or facilities. The employee who developed the
computer program shall be entitled to share in the
proceeds of such sale or marketing of the computer
program. The distribution of such proceeds between the
employee and the school district shall be as agreed upon
by the employee and the school district, except that
neither the employee nor the school district may receive
more than 90% of such proceeds. The negotiation for an
employee who is represented by an exclusive bargaining
representative may be conducted by such bargaining
representative at the employee's request.

(b) For the purpose of this paragraph 17:
(1) "Computer" means an internally programmed,
general purpose digital device capable of
automatically accepting data, processing data and
supplying the results of the operation.
(2) "Computer program" means a series of coded
instructions or statements in a form acceptable to a
computer, which causes the computer to process data in
order to achieve a certain result.
(3) "Proceeds" means profits derived from the
marketing or sale of a product after deducting the
expenses of developing and marketing such product;
18. To delegate to the general superintendent of
schools, by resolution, the authority to approve contracts
and expenditures in amounts of $10,000 or less;
19. Upon the written request of an employee, to
withhold from the compensation of that employee any dues,
payments, or contributions payable by such employee to any
labor organization as defined in the Illinois Educational
Labor Relations Act. Under such arrangement, an amount
shall be withheld from each regular payroll period which
is equal to the pro rata share of the annual dues plus any
payments or contributions, and the board shall transmit
such withholdings to the specified labor organization
within 10 working days from the time of the withholding;
19a. Upon receipt of notice from the comptroller of a

municipality with a population of 500,000 or more, a
county with a population of 3,000,000 or more, the Cook
County Forest Preserve District, the Chicago Park
District, the Metropolitan Water Reclamation District, the
Chicago Transit Authority, or a housing authority of a
municipality with a population of 500,000 or more that a
debt is due and owing the municipality, the county, the
Cook County Forest Preserve District, the Chicago Park
District, the Metropolitan Water Reclamation District, the
Chicago Transit Authority, or the housing authority by an
employee of the Chicago Board of Education, to withhold,
from the compensation of that employee, the amount of the
debt that is due and owing and pay the amount withheld to
the municipality, the county, the Cook County Forest
Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago
Transit Authority, or the housing authority; provided,
however, that the amount deducted from any one salary or
wage payment shall not exceed 25% of the net amount of the
payment. Before the Board deducts any amount from any
salary or wage of an employee under this paragraph, the
municipality, the county, the Cook County Forest Preserve
District, the Chicago Park District, the Metropolitan
Water Reclamation District, the Chicago Transit Authority,
or the housing authority shall certify that (i) the
employee has been afforded an opportunity for a hearing to

dispute the debt that is due and owing the municipality,
the county, the Cook County Forest Preserve District, the
Chicago Park District, the Metropolitan Water Reclamation
District, the Chicago Transit Authority, or the housing
authority and (ii) the employee has received notice of a
wage deduction order and has been afforded an opportunity
for a hearing to object to the order. For purposes of this
paragraph, "net amount" means that part of the salary or
wage payment remaining after the deduction of any amounts
required by law to be deducted and "debt due and owing"
means (i) a specified sum of money owed to the
municipality, the county, the Cook County Forest Preserve
District, the Chicago Park District, the Metropolitan
Water Reclamation District, the Chicago Transit Authority,
or the housing authority for services, work, or goods,
after the period granted for payment has expired, or (ii)
a specified sum of money owed to the municipality, the
county, the Cook County Forest Preserve District, the
Chicago Park District, the Metropolitan Water Reclamation
District, the Chicago Transit Authority, or the housing
authority pursuant to a court order or order of an
administrative hearing officer after the exhaustion of, or
the failure to exhaust, judicial review;
20. The board is encouraged to employ a sufficient
number of certified school counselors to maintain a
student/counselor ratio of 250 to 1 by July 1, 1990. Each

counselor shall spend at least 75% of his work time in
direct contact with students and shall maintain a record
of such time;
21. To make available to students vocational and
career counseling and to establish 5 special career
counseling days for students and parents. On these days
representatives of local businesses and industries shall
be invited to the school campus and shall inform students
of career opportunities available to them in the various
businesses and industries. Special consideration shall be
given to counseling minority students as to career
opportunities available to them in various fields. For the
purposes of this paragraph, minority student means a
person who is any of the following:
(a) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(b) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(c) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or

African American".
(d) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(e) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
Counseling days shall not be in lieu of regular school
days;
22. To report to the State Board of Education the
annual student dropout rate and number of students who
graduate from, transfer from, or otherwise leave bilingual
programs;
23. Except as otherwise provided in the Abused and
Neglected Child Reporting Act or other applicable State or
federal law, to permit school officials to withhold, from
any person, information on the whereabouts of any child
removed from school premises when the child has been taken
into protective custody as a victim of suspected child
abuse. School officials shall direct such person to the
Department of Children and Family Services, or to the
local law enforcement agency, if appropriate;
24. To develop a policy, based on the current state of
existing school facilities, projected enrollment, and
efficient utilization of available resources, for capital
improvement of schools and school buildings within the

district, addressing in that policy both the relative
priority for major repairs, renovations, and additions to
school facilities, and the advisability or necessity of
building new school facilities or closing existing schools
to meet current or projected demographic patterns within
the district;
25. To make available to the students in every high
school attendance center the ability to take all courses
necessary to comply with the Board of Higher Education's
college entrance criteria effective in 1993;
26. To encourage mid-career changes into the teaching
profession, whereby qualified professionals become
certified teachers, by allowing credit for professional
employment in related fields when determining point of
entry on the teacher pay scale;
27. To provide or contract out training programs for
administrative personnel and principals with revised or
expanded duties pursuant to this Code Act in order to
ensure assure they have the knowledge and skills to
perform their duties;
28. To establish a fund for the prioritized special
needs programs, and to allocate such funds and other lump
sum amounts to each attendance center in a manner
consistent with the provisions of part 4 of Section
34-2.3. Nothing in this paragraph shall be construed to
require any additional appropriations of State funds for

this purpose;
29. (Blank);
30. Notwithstanding any other provision of this Act or
any other law to the contrary, to contract with third
parties for services otherwise performed by employees,
including those in a bargaining unit, and to layoff those
employees upon 14 days written notice to the affected
employees. Those contracts may be for a period not to
exceed 5 years and may be awarded on a system-wide basis.
The board may not operate more than 30 contract schools,
provided that the board may operate an additional 5
contract turnaround schools pursuant to item (5.5) of
subsection (d) of Section 34-8.3 of this Code, and the
governing bodies of contract schools are subject to the
Freedom of Information Act and Open Meetings Act;
31. To promulgate rules establishing procedures
governing the layoff or reduction in force of employees
and the recall of such employees, including, but not
limited to, criteria for such layoffs, reductions in force
or recall rights of such employees and the weight to be
given to any particular criterion. Such criteria shall
take into account factors, including, but not be limited
to, qualifications, certifications, experience,
performance ratings or evaluations, and any other factors
relating to an employee's job performance;
32. To develop a policy to prevent nepotism in the

hiring of personnel or the selection of contractors;
33. (Blank); and
34. To establish a Labor Management Council to the
board comprised of representatives of the board, the chief
executive officer, and those labor organizations that are
the exclusive representatives of employees of the board
and to promulgate policies and procedures for the
operation of the Council.
The specifications of the powers herein granted are not to
be construed as exclusive, but the board shall also exercise
all other powers that they may be requisite or proper for the
maintenance and the development of a public school system, not
inconsistent with the other provisions of this Article or
provisions of this Code which apply to all school districts.
In addition to the powers herein granted and authorized to
be exercised by the board, it shall be the duty of the board to
review or to direct independent reviews of special education
expenditures and services. The board shall file a report of
such review with the General Assembly on or before May 1, 1990.
(Source: P.A. 100-465, eff. 8-31-17; 100-1046, eff. 8-23-18;
101-12, eff. 7-1-19; 101-88, eff. 1-1-20; revised 8-19-19.)
(105 ILCS 5/34-18.11) (from Ch. 122, par. 34-18.11)
Sec. 34-18.11. Tobacco prohibition. The Board of Education
shall prohibit the use of tobacco on school property when such
property is being used for any school purposes. Neither the

board nor the local school council may authorize or permit any
exception to or exemption from the prohibition at any place or
at any time, including without limitation outside of school
buildings or before or after the regular school day or on days
when school is not in session. "School purposes" include but
are not limited to all events or activities or other use of
school property that the school board or school officials
authorize or permit on school property, including without
limitation all interscholastic or extracurricular athletic,
academic or other events sponsored by the school board or in
which pupils of the district participate. For purposes of this
Section "tobacco" shall mean a cigarette, a cigar, or tobacco
in any other form, including smokeless tobacco which is any
loose, cut, shredded, ground, powdered, compressed or leaf
tobacco that is intended to be placed in the mouth without
being smoked.
(Source: P.A. 89-181, eff. 7-19-95; revised 8-21-20.)
(105 ILCS 5/34-18.61)
Sec. 34-18.61. Self-administration of Self-administrating
medication.
(a) In this Section, "asthma action plan" has the meaning
given to that term under Section 22-30.
(b) Notwithstanding any other provision of law, the school
district must allow any student with an asthma action plan, an
Individual Health Care Action Plan, an Illinois Food Allergy

Emergency Action Plan and Treatment Authorization Form, a plan
pursuant to Section 504 of the federal Rehabilitation Act of
1973, or a plan pursuant to the federal Individuals with
Disabilities Education Act to self-administer any medication
required under those plans if the student's parent or guardian
provides the school district with (i) written permission for
the student's self-administration of medication and (ii)
written authorization from the student's physician, physician
assistant, or advanced practice registered nurse for the
student to self-administer the medication. A parent or
guardian must also provide to the school district the
prescription label for the medication, which must contain the
name of the medication, the prescribed dosage, and the time or
times at which or the circumstances under which the medication
is to be administered. Information received by the school
district under this subsection shall be kept on file in the
office of the school nurse or, in the absence of a school
nurse, the school's administrator.
(c) The school district must adopt an emergency action
plan for a student who self-administers medication under
subsection (b). The plan must include both of the following:
(1) A plan of action in the event a student is unable
to self-administer medication.
(2) The situations in which a school must call 9-1-1.
(d) The school district and its employees and agents shall
incur no liability, except for willful and wanton conduct, as

a result of any injury arising from the self-administration of
medication by a student under subsection (b). The student's
parent or guardian must sign a statement to this effect, which
must acknowledge that the parent or guardian must indemnify
and hold harmless the school district and its employees and
agents against any claims, except a claim based on willful and
wanton conduct, arising out of the self-administration of
medication by a student.
(Source: P.A. 101-205, eff. 1-1-20; revised 10-21-19.)
(105 ILCS 5/34-18.62)
Sec. 34-18.62 34-18.61. Policy on sexual harassment. The
school district must create, maintain, and implement an
age-appropriate policy on sexual harassment that must be
posted on the school district's website and, if applicable,
any other area where policies, rules, and standards of conduct
are currently posted in each school and must also be included
in the school district's student code of conduct handbook.
(Source: P.A. 101-418, eff. 1-1-20; revised 10-21-19.)
(105 ILCS 5/34-18.63)
Sec. 34-18.63 34-18.61. Class size reporting. No later
than November 16, 2020, and annually thereafter, the school
district must report to the State Board of Education
information on the school district described under subsection
(b) of Section 2-3.136a and must make that information

available on its website.
(Source: P.A. 101-451, eff. 1-1-20; revised 10-21-19.)
(105 ILCS 5/34-18.64)
Sec. 34-18.64 34-18.61. Sexual abuse investigations at
schools. Every 2 years, the school district must review all
existing policies and procedures concerning sexual abuse
investigations at schools to ensure consistency with Section
22-85.
(Source: P.A. 101-531, eff. 8-23-19; revised 10-21-19.)
(105 ILCS 5/34-18.65)
Sec. 34-18.65 34-18.61. Door security locking means.
(a) In this Section, "door security locking means" means a
door locking means intended for use by a trained school
district employee in a school building for the purpose of
preventing ingress through a door of the building.
(b) The school district may install a door security
locking means on a door of a school building to prevent
unwanted entry through the door if all of the following
requirements are met:
(1) The door security locking means can be engaged
without opening the door.
(2) The unlocking and unlatching of the door security
locking means from the occupied side of the door can be
accomplished without the use of a key or tool.

(3) The door security locking means complies with all
applicable State and federal accessibility requirements.
(4) Locks, if remotely engaged, can be unlocked from
the occupied side.
(5) The door security locking means is capable of
being disengaged from the outside by school district
employees, and school district employees may use a key or
other credentials to unlock the door from the outside.
(6) The door security locking means does not modify
the door-closing hardware, panic hardware, or fire exit
hardware.
(7) Any bolts, stops, brackets, or pins employed by
the door security locking means do not affect the fire
rating of a fire door assembly.
(8) School district employees are trained in the
engagement and release of the door security locking means,
from within and outside the room, as part of the emergency
response plan.
(9) For doors installed before July 1, 2019 only, the
unlocking and unlatching of a door security locking means
requires no more than 2 releasing operations. For doors
installed on or after July 1, 2019, the unlocking and
unlatching of a door security locking means requires no
more than one releasing operation. If doors installed
before July 1, 2019 are replaced on or after July 1, 2019,
the unlocking and unlatching of a door security locking

means on the replacement door requires no more than one
releasing operation.
(10) The door security locking means is no more than
48 inches above the finished floor.
(11) The door security locking means otherwise
complies with the school building code prepared by the
State Board of Education under Section 2-3.12.
The school district may install a door security locking
means that does not comply with paragraph (3) or (10) of this
subsection if (i) the school district meets all other
requirements under this subsection and (ii) prior to its
installation, local law enforcement officials, the local fire
department, and the board agree, in writing, to the
installation and use of the door security locking means. The
school district must keep the agreement on file and must, upon
request, provide the agreement to the State Board of
Education. The agreement must be included in the school
district's filed school safety plan under the School Safety
Drill Act.
(c) The school district must include the location of any
door security locking means and must address the use of the
locking and unlocking means from within and outside the room
in its filed school safety plan under the School Safety Drill
Act. Local law enforcement officials and the local fire
department must be notified of the location of any door
security locking means and how to disengage it. Any specific

tool needed to disengage the door security locking means from
the outside of the room must, upon request, be made available
to local law enforcement officials and the local fire
department.
(d) A door security locking means may be used only (i) by a
school district employee trained under subsection (e), (ii)
during an emergency that threatens the health and safety of
students and employees or during an active shooter drill, and
(iii) when local law enforcement officials and the local fire
department have been notified of its installation prior to its
use. The door security locking means must be engaged for a
finite period of time in accordance with the school district's
school safety plan adopted under the School Safety Drill Act.
(e) If the school district installs a door security
locking means, it must conduct an in-service training program
for school district employees on the proper use of the door
security locking means. The school district shall keep a file
verifying the employees who have completed the program and
must, upon request, provide the file to the local fire
department and local law enforcement agency.
(f) A door security locking means that requires 2
releasing operations must be discontinued from use when the
door is replaced or is a part of new construction. Replacement
and new construction door hardware must include mortise locks,
compliant with the applicable building code, and must be
lockable from the occupied side without opening the door.

However, mortise locks are not required if panic hardware or
fire exit hardware is required.
(Source: P.A. 101-548, eff. 8-23-19; revised 10-21-19.)
Section 355. The Illinois School Student Records Act is
amended by changing Section 2 as follows:
(105 ILCS 10/2) (from Ch. 122, par. 50-2)
Sec. 2. As used in this Act: ,
(a) "Student" means any person enrolled or previously
enrolled in a school.
(b) "School" means any public preschool, day care center,
kindergarten, nursery, elementary or secondary educational
institution, vocational school, special educational facility
or any other elementary or secondary educational agency or
institution and any person, agency or institution which
maintains school student records from more than one school,
but does not include a private or non-public school.
(c) "State Board" means the State Board of Education.
(d) "School Student Record" means any writing or other
recorded information concerning a student and by which a
student may be individually identified, maintained by a school
or at its direction or by an employee of a school, regardless
of how or where the information is stored. The following shall
not be deemed school student records under this Act: writings
or other recorded information maintained by an employee of a

school or other person at the direction of a school for his or
her exclusive use; provided that all such writings and other
recorded information are destroyed not later than the
student's graduation or permanent withdrawal from the school;
and provided further that no such records or recorded
information may be released or disclosed to any person except
a person designated by the school as a substitute unless they
are first incorporated in a school student record and made
subject to all of the provisions of this Act. School student
records shall not include information maintained by law
enforcement professionals working in the school.
(e) "Student Permanent Record" means the minimum personal
information necessary to a school in the education of the
student and contained in a school student record. Such
information may include the student's name, birth date,
address, grades and grade level, parents' names and addresses,
attendance records, and such other entries as the State Board
may require or authorize.
(f) "Student Temporary Record" means all information
contained in a school student record but not contained in the
student permanent record. Such information may include family
background information, intelligence test scores, aptitude
test scores, psychological and personality test results,
teacher evaluations, and other information of clear relevance
to the education of the student, all subject to regulations of
the State Board. The information shall include information

provided under Section 8.6 of the Abused and Neglected Child
Reporting Act and information contained in service logs
maintained by a local education agency under subsection (d) of
Section 14-8.02f of the School Code. In addition, the student
temporary record shall include information regarding serious
disciplinary infractions that resulted in expulsion,
suspension, or the imposition of punishment or sanction. For
purposes of this provision, serious disciplinary infractions
means: infractions involving drugs, weapons, or bodily harm to
another.
(g) "Parent" means a person who is the natural parent of
the student or other person who has the primary responsibility
for the care and upbringing of the student. All rights and
privileges accorded to a parent under this Act shall become
exclusively those of the student upon his 18th birthday,
graduation from secondary school, marriage or entry into
military service, whichever occurs first. Such rights and
privileges may also be exercised by the student at any time
with respect to the student's permanent school record.
(Source: P.A. 101-515, eff. 8-23-19; revised 12-3-19.)
Section 360. The Education for Homeless Children Act is
amended by changing Section 1-10 as follows:
(105 ILCS 45/1-10)
Sec. 1-10. Choice of schools. (a) When a child loses

permanent housing and becomes a homeless person within the
meaning of Section 1-5, or when a homeless child changes his or
her temporary living arrangements, the parents or guardians of
the homeless child shall have the option of either:
(1) continuing the child's education in the school of
origin for as long as the child remains homeless or, if the
child becomes permanently housed, until the end of the
academic year during which the housing is acquired; or
(2) enrolling the child in any school that nonhomeless
students who live in the attendance area in which the
child or youth is actually living are eligible to attend.
(Source: P.A. 100-201, eff. 8-18-17; revised 7-16-19.)
Section 365. The Student Online Personal Protection Act is
amended by changing Section 27 as follows:
(105 ILCS 85/27)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 27. School duties.
(a) Each school shall post and maintain on its website or,
if the school does not maintain a website, make available for
inspection by the general public at its administrative office
all of the following information:
(1) An explanation, that is clear and understandable
by a layperson, of the data elements of covered

information that the school collects, maintains, or
discloses to any person, entity, third party, or
governmental agency. The information must explain how the
school uses, to whom or what entities it discloses, and
for what purpose it discloses the covered information.
(2) A list of operators that the school has written
agreements with, a copy of each written agreement, and a
business address for each operator. A copy of a written
agreement posted or made available by a school under this
paragraph may contain redactions, as provided under
subparagraph (F) of paragraph (4) of Section 15.
(3) For each operator, a list of any subcontractors to
whom covered information may be disclosed or a link to a
page on the operator's website that clearly lists that
information, as provided by the operator to the school
under paragraph (6) of Section 15.
(4) A written description of the procedures that a
parent may use to carry out the rights enumerated under
Section 33.
(5) A list of any breaches of covered information
maintained by the school or breaches under Section 15 that
includes, but is not limited to, all of the following
information:
(A) The number of students whose covered
information is involved in the breach, unless
disclosing that number would violate the provisions of

the Personal Information Protection Act.
(B) The date, estimated date, or estimated date
range of the breach.
(C) For a breach under Section 15, the name of the
operator.
The school may omit from the list required under this
paragraph (5): (i) any breach in which, to the best of the
school's knowledge at the time of updating the list, the
number of students whose covered information is involved
in the breach is less than 10% of the school's enrollment,
(ii) any breach in which, at the time of posting the list,
the school is not required to notify the parent of a
student under subsection (d), (iii) any breach in which
the date, estimated date, or estimated date range in which
it occurred is earlier than July 1, 2021, or (iv) any
breach previously posted on a list under this paragraph
(5) no more than 5 years prior to the school updating the
current list.
The school must, at a minimum, update the items under
paragraphs (1), (3), (4), and (5) no later than 30 calendar
days following the start of a fiscal year and no later than 30
days following the beginning of a calendar year.
(b) Each school must adopt a policy for designating which
school employees are authorized to enter into written
agreements with operators. This subsection may not be
construed to limit individual school employees outside of the

scope of their employment from entering into agreements with
operators on their own behalf and for non-K through 12 school
purposes, provided that no covered information is provided to
the operators. Any agreement or contract entered into in
violation of this Act is void and unenforceable as against
public policy.
(c) A school must post on its website or, if the school
does not maintain a website, make available at its
administrative office for inspection by the general public
each written agreement entered into under this Act, along with
any information required under subsection (a), no later than
10 business days after entering into the agreement.
(d) After receipt of notice of a breach under Section 15 or
determination of a breach of covered information maintained by
the school, a school shall notify, no later than 30 calendar
days after receipt of the notice or determination that a
breach has occurred, the parent of any student whose covered
information is involved in the breach. The notification must
include, but is not limited to, all of the following:
(1) The date, estimated date, or estimated date range
of the breach.
(2) A description of the covered information that was
compromised or reasonably believed to have been
compromised in the breach.
(3) Information that the parent may use to contact the
operator and school to inquire about the breach.

(4) The toll-free numbers, addresses, and websites for
consumer reporting agencies.
(5) The toll-free number, address, and website for the
Federal Trade Commission.
(6) A statement that the parent may obtain information
from the Federal Trade Commission and consumer reporting
agencies about fraud alerts and security freezes.
A notice of breach required under this subsection may be
delayed if an appropriate law enforcement agency determines
that the notification will interfere with a criminal
investigation and provides the school with a written request
for a delay of notice. A school must comply with the
notification requirements as soon as the notification will no
longer interfere with the investigation.
(e) Each school must implement and maintain reasonable
security procedures and practices that otherwise meet or
exceed industry standards designed to protect covered
information from unauthorized access, destruction, use,
modification, or disclosure. Any written agreement under which
the disclosure of covered information between the school and a
third party takes place must include a provision requiring the
entity to whom the covered information is disclosed to
implement and maintain reasonable security procedures and
practices that otherwise meet or exceed industry standards
designed to protect covered information from unauthorized
access, destruction, use, modification, or disclosure. The

State Board must make available on its website a guidance
document for schools pertaining to reasonable security
procedures and practices under this subsection.
(f) Each school may designate an appropriate staff person
as a privacy officer, who may also be an official records
custodian as designated under the Illinois School Student
Records Act, to carry out the duties and responsibilities
assigned to schools and to ensure compliance with the
requirements of this Section and Section 26.
(g) A school shall make a request, pursuant to paragraph
(2) of Section 15, to an operator to delete covered
information on behalf of a student's parent if the parent
requests from the school that the student's covered
information held by the operator be deleted, so long as the
deletion of the covered information is not in violation of
State or federal records laws.
(h) This Section does not apply to nonpublic schools.
(Source: P.A. 101-516, eff. 7-1-21; revised 12-3-19.)
Section 370. The Critical Health Problems and
Comprehensive Health Education Act is amended by changing
Section 3 as follows:
(105 ILCS 110/3)
Sec. 3. Comprehensive Health Education Program. The
program established under this Act shall include, but not be

limited to, the following major educational areas as a basis
for curricula in all elementary and secondary schools in this
State: human ecology and health, human growth and development,
the emotional, psychological, physiological, hygienic, and
social responsibilities of family life, including sexual
abstinence until marriage, the prevention and control of
disease, including instruction in grades 6 through 12 on the
prevention, transmission, and spread of AIDS, age-appropriate
sexual abuse and assault awareness and prevention education in
grades pre-kindergarten through 12, public and environmental
health, consumer health, safety education and disaster
survival, mental health and illness, personal health habits,
alcohol and , drug use, and abuse, including the medical and
legal ramifications of alcohol, drug, and tobacco use, abuse
during pregnancy, evidence-based and medically accurate
information regarding sexual abstinence, tobacco, nutrition,
and dental health. The instruction on mental health and
illness must evaluate the multiple dimensions of health by
reviewing the relationship between physical and mental health
so as to enhance student understanding, attitudes, and
behaviors that promote health, well-being, and human dignity.
The program shall also provide course material and instruction
to advise pupils of the Abandoned Newborn Infant Protection
Act. The program shall include information about cancer,
including, without limitation, types of cancer, signs and
symptoms, risk factors, the importance of early prevention and

detection, and information on where to go for help.
Notwithstanding the above educational areas, the following
areas may also be included as a basis for curricula in all
elementary and secondary schools in this State: basic first
aid (including, but not limited to, cardiopulmonary
resuscitation and the Heimlich maneuver), heart disease,
diabetes, stroke, the prevention of child abuse, neglect, and
suicide, and teen dating violence in grades 7 through 12.
Beginning with the 2014-2015 school year, training on how to
properly administer cardiopulmonary resuscitation (which
training must be in accordance with standards of the American
Red Cross, the American Heart Association, or another
nationally recognized certifying organization) and how to use
an automated external defibrillator shall be included as a
basis for curricula in all secondary schools in this State.
The school board of each public elementary and secondary
school in the State shall encourage all teachers and other
school personnel to acquire, develop, and maintain the
knowledge and skills necessary to properly administer
life-saving techniques, including, without limitation, the
Heimlich maneuver and rescue breathing. The training shall be
in accordance with standards of the American Red Cross, the
American Heart Association, or another nationally recognized
certifying organization. A school board may use the services
of non-governmental entities whose personnel have expertise in
life-saving techniques to instruct teachers and other school

personnel in these techniques. Each school board is encouraged
to have in its employ, or on its volunteer staff, at least one
person who is certified, by the American Red Cross or by
another qualified certifying agency, as qualified to
administer first aid and cardiopulmonary resuscitation. In
addition, each school board is authorized to allocate
appropriate portions of its institute or inservice days to
conduct training programs for teachers and other school
personnel who have expressed an interest in becoming qualified
to administer emergency first aid or cardiopulmonary
resuscitation. School boards are urged to encourage their
teachers and other school personnel who coach school athletic
programs and other extracurricular school activities to
acquire, develop, and maintain the knowledge and skills
necessary to properly administer first aid and cardiopulmonary
resuscitation in accordance with standards and requirements
established by the American Red Cross or another qualified
certifying agency. Subject to appropriation, the State Board
of Education shall establish and administer a matching grant
program to pay for half of the cost that a school district
incurs in training those teachers and other school personnel
who express an interest in becoming qualified to administer
cardiopulmonary resuscitation (which training must be in
accordance with standards of the American Red Cross, the
American Heart Association, or another nationally recognized
certifying organization) or in learning how to use an

automated external defibrillator. A school district that
applies for a grant must demonstrate that it has funds to pay
half of the cost of the training for which matching grant money
is sought. The State Board of Education shall award the grants
on a first-come, first-serve basis.
No pupil shall be required to take or participate in any
class or course on AIDS or family life instruction or to
receive training on how to properly administer cardiopulmonary
resuscitation or how to use an automated external
defibrillator if his or her parent or guardian submits written
objection thereto, and refusal to take or participate in the
course or program or the training shall not be reason for
suspension or expulsion of the pupil.
Curricula developed under programs established in
accordance with this Act in the major educational area of
alcohol and drug use and abuse shall include classroom
instruction in grades 5 through 12. The instruction, which
shall include matters relating to both the physical and legal
effects and ramifications of drug and substance abuse, shall
be integrated into existing curricula; and the State Board of
Education shall develop and make available to all elementary
and secondary schools in this State instructional materials
and guidelines which will assist the schools in incorporating
the instruction into their existing curricula. In addition,
school districts may offer, as part of existing curricula
during the school day or as part of an after school program,

support services and instruction for pupils or pupils whose
parent, parents, or guardians are chemically dependent.
(Source: P.A. 101-305, eff. 1-1-20; revised 8-21-20.)
Section 375. The Dual Credit Quality Act is amended by
changing Section 20 as follows:
(110 ILCS 27/20)
Sec. 20. Standards. All institutions offering dual credit
courses shall meet the following standards:
(1) High school instructors teaching credit-bearing
college-level courses for dual credit must meet any of the
academic credential requirements set forth in this
paragraph or paragraph (1), (2), or (3) of this Section
and need not meet higher certification requirements or
those set out in Article 21B of the School Code:
(A) Approved instructors of dual credit courses
shall meet any of the faculty credential standards
allowed by the Higher Learning Commission to determine
minimally qualified faculty. At the request of an
instructor, an instructor who meets these credential
standards shall be provided by the State Board of
Education with a Dual Credit Endorsement, to be placed
on the professional educator license, as established
by the State Board of Education and as authorized
under Article 21B of the School Code and promulgated

through administrative rule in cooperation with the
Illinois Community College Board and the Board of
Higher Education.
(B) An instructor who does not meet the faculty
credential standards allowed by the Higher Learning
Commission to determine minimally qualified faculty
may teach dual credit courses if the instructor has a
professional development plan, approved by the
institution and shared with the State Board of
Education, within 4 years of January 1, 2019 (the
effective date of Public Act 100-1049) this amendatory
Act of the 100th General Assembly, to raise his or her
credentials to be in line with the credentials under
subparagraph (A) of this paragraph (1). The
institution shall have 30 days to review the plan and
approve an instructor professional development plan
that is in line with the credentials set forth in
paragraph (2) of this Section. The institution shall
not unreasonably withhold approval of a professional
development plan. These approvals shall be good for as
long as satisfactory progress toward the completion of
the credential is demonstrated, but in no event shall
a professional development plan be in effect for more
than 3 years from the date of its approval. A high
school instructor whose professional development plan
is not approved by the institution may appeal to the

Illinois Community College Board or the Board of
Higher Education, as appropriate.
(C) The Illinois Community College Board shall
report yearly on its Internet website the number of
teachers who have approved professional development
plans under this Section.
(2) A high school instructor shall qualify for a
professional development plan if the instructor:
(A) has a master's degree in any discipline and
has earned 9 graduate hours in a discipline in which he
or she is currently teaching or expects to teach; or
(B) has a bachelor's degree with a minimum of 18
graduate hours in a discipline that he or she is
currently teaching or expects to teach and is enrolled
in a discipline-specific master's degree program; and
(C) agrees to demonstrate his or her progress
toward completion to the supervising institution, as
outlined in the professional development plan.
(3) An instructor in career and technical education
courses must possess the credentials and demonstrated
teaching competencies appropriate to the field of
instruction.
(4) Course content must be equivalent to
credit-bearing college-level courses offered at the
community college.
(5) Learning outcomes must be the same as

credit-bearing college-level courses and be appropriately
measured.
(6) A high school instructor is expected to
participate in any orientation developed by the
institution for dual credit instructors in course
curriculum, assessment methods, and administrative
requirements.
(7) Dual credit instructors must be given the
opportunity to participate in all activities available to
other adjunct faculty, including professional development,
seminars, site visits, and internal communication,
provided that such opportunities do not interfere with an
instructor's regular teaching duties.
(8) Every dual credit course must be reviewed annually
by faculty through the appropriate department to ensure
consistency with campus courses.
(9) Dual credit students must be assessed using
methods consistent with students in traditional
credit-bearing college courses.
(Source: P.A. 100-1049, eff. 1-1-19; revised 7-16-19.)
Section 380. The Higher Education Veterans Service Act is
amended by changing Section 15 as follows:
(110 ILCS 49/15)
Sec. 15. Survey; coordinator; best practices report; best

efforts.
(a) All public colleges and universities shall, within 60
days after the effective date of this Act, conduct a survey of
the services and programs that are provided for veterans,
active duty military personnel, and their families, at each of
their respective campuses. This survey shall enumerate and
fully describe the service or program that is available, the
number of veterans or active duty personnel using the service
or program, an estimated range for potential use within a
5-year and 10-year period, information on the location of the
service or program, and how its administrators may be
contacted. The survey shall indicate the manner or manners in
which a student veteran may avail himself or herself of the
program's services. This survey must be made available to all
veterans matriculating at the college or university in the
form of an orientation-related guidebook.
Each public college and university shall make the survey
available on the homepage of all campus Internet links as soon
as practical after the completion of the survey. As soon as
possible after the completion of the survey, each public
college and university shall provide a copy of its survey to
the following:
(1) the Board of Higher Education;
(2) the Department of Veterans' Affairs;
(3) the President and Minority Leader of the Senate
and the Speaker and Minority Leader of the House of

Representatives; and
(4) the Governor.
(b) Each public college and university shall, at its
discretion, (i) appoint, within 6 months after the effective
date of this Act, an existing employee or (ii) hire a new
employee to serve as a Coordinator of Veterans and Military
Personnel Student Services on each campus of the college or
university that has an onsite, daily, full-time student
headcount above 1,000 students.
The Coordinator of Veterans and Military Personnel Student
Services shall be an ombudsperson serving the specific needs
of student veterans and military personnel and their families
and shall serve as an advocate before the administration of
the college or university for the needs of student veterans.
The college or university shall enable the Coordinator of
Veterans and Military Personnel Student Services to
communicate directly with the senior executive administration
of the college or university periodically. The college or
university shall retain unfettered discretion to determine the
organizational management structure of its institution.
In addition to any responsibilities the college or
university may assign, the Coordinator of Veterans and
Military Personnel Student Services shall make its best
efforts to create a centralized source for student veterans
and military personnel to learn how to receive all benefit
programs and services for which they are eligible.

Each college and university campus that is required to
have a Coordinator of Veterans and Military Personnel Student
Services shall regularly and conspicuously advertise the
office location and , phone number of , and Internet access to
the Coordinator of Veterans and Military Personnel Student
Services, along with a brief summary of the manner in which he
or she can assist student veterans. The advertisement shall
include, but is not necessarily limited to, the following:
(1) advertisements on each campus' Internet home page;
and
(2) any promotional mailings for student application.
The Coordinator of Veterans and Military Personnel Student
Services shall facilitate other campus offices with the
promotion of programs and services that are available.
(c) Upon receipt of all of the surveys under subsection
(a) of this Section, the Board of Higher Education and the
Department of Veterans' Affairs shall conduct a joint review
of the surveys and post, on any Internet home page they may
operate, a link to each survey as posted on the Internet
website for the college or university. Upon receipt of all of
the surveys, the Office of the Governor, through its military
affairs advisors, shall similarly conduct a review of the
surveys and post the surveys on its Internet website.
Following its review of the surveys, the Office of the
Governor shall submit an evaluation report to each college and
university offering suggestions and insight on the conduct of

student veteran-related policies and programs.
(d) The Board of Higher Education and the Department of
Veterans' Affairs may issue a best practices report to
highlight those programs and services that are most beneficial
to veterans and active duty military personnel. The report
shall contain a fiscal needs assessment in conjunction with
any program recommendations.
(e) Each college and university campus that is required to
have a Coordinator of Veterans and Military Personnel Student
Services under subsection (b) of this Section shall make its
best efforts to create academic and social programs and
services for veterans and active duty military personnel that
will provide reasonable opportunities for academic performance
and success.
Each public college and university shall make its best
efforts to determine how its online educational curricula can
be expanded or altered to serve the needs of student veterans
and currently-deployed military, including a determination of
whether and to what extent the public colleges and
universities can share existing technologies to improve the
online curricula of peer institutions, provided such efforts
are both practically and economically feasible.
(Source: P.A. 96-133, eff. 8-7-09; revised 7-16-19.)
Section 385. The Public University Energy Conservation Act
is amended by changing Section 5 as follows:

(110 ILCS 62/5)
Sec. 5. Definitions. In this Act, words and phrases have
the meanings set forth in the following Sections preceding
Section 10.
(Source: P.A. 90-486, eff. 8-17-97; revised 7-16-19.)
Section 390. The University of Illinois Act is amended by
setting forth, renumbering, and changing multiple versions of
Section 105 as follows:
(110 ILCS 305/105)
Sec. 105. Mental health resources. For the 2020-2021
academic year and for each academic year thereafter, the
University must make available to its students information on
all mental health and suicide prevention resources available
at the University.
(Source: P.A. 101-217, eff. 1-1-20.)
(110 ILCS 305/110)
Sec. 110 105. Competency-based learning program; notice.
If the University offers a competency-based learning program,
it must notify a student if he or she becomes eligible for the
program.
(Source: P.A. 101-271, eff. 1-1-20; revised 10-21-19.)

(110 ILCS 305/115)
(Section scheduled to be repealed on January 1, 2022)
Sec. 115 105. Water rates report.
(a) Subject to appropriation, no later than December 1,
2020, the Government Finance Research Center at the University
of Illinois at Chicago, in coordination with an
intergovernmental advisory committee, must issue a report
evaluating the setting of water rates throughout the Lake
Michigan service area of northeastern Illinois and, no later
than December 1, 2021, for the remainder of Illinois. The
report must provide recommendations for policy and regulatory
needs at the State and local level based on its findings. The
report shall, at a minimum, address all of the following
areas:
(1) The components of a water bill.
(2) Reasons for increases in water rates.
(3) The definition of affordability throughout the
State and any variances to that definition.
(4) Evidence of rate-setting that utilizes
inappropriate practices.
(5) The extent to which State or local policies drive
cost increases or variations in rate-settings.
(6) Challenges within economically disadvantaged
communities in setting water rates.
(7) Opportunities for increased intergovernmental
coordination for setting equitable water rates.

(b) In developing the report under this Section, the
Government Finance Research Center shall form an advisory
committee, which shall be composed of all of the following
members:
(1) The Director of the Environmental Protection
Agency, or his or her designee.
(2) The Director of Natural Resources, or his or her
designee.
(3) The Director of Commerce and Economic Opportunity,
or his or her designee.
(4) The Attorney General, or his or her designee.
(5) At least 2 members who are representatives of
private water utilities operating in Illinois, appointed
by the Director of the Government Finance Research Center.
(6) At least 4 members who are representatives of
municipal water utilities, appointed by the Director of
the Government Finance Research Center.
(7) One member who is a representative of an
environmental justice advocacy organization, appointed by
the Director of the Government Finance Research Center.
(8) One member who is a representative of a consumer
advocacy organization, appointed by the Director of the
Government Finance Research Center.
(9) One member who is a representative of an
environmental planning organization that serves
northeastern Illinois, appointed by the Director of the

Government Finance Research Center.
(10) The Director of the Illinois State Water Survey,
or his or her designee.
(11) The Chairperson of the Illinois Commerce
Commission, or his or her designee.
(c) After all members are appointed, the committee shall
hold its first meeting at the call of the Director of the
Government Finance Research Center, at which meeting the
members shall select a chairperson from among themselves.
After its first meeting, the committee shall meet at the call
of the chairperson. Members of the committee shall serve
without compensation but may be reimbursed for their
reasonable and necessary expenses incurred in performing their
duties. The Government Finance Research Center shall provide
administrative and other support to the committee.
(d) No later than 60 days after August 23, 2019 (the
effective date of Public Act 101-562) this amendatory Act of
the 101st General Assembly, the Government Finance Research
Center must provide an opportunity for public comment on the
questions to be addressed in the report, the metrics to be
used, and the recommendations that need to be issued.
(e) This Section is repealed on January 1, 2022.
(Source: P.A. 101-562, eff. 8-23-19; revised 10-21-19.)
Section 395. The University of Illinois Hospital Act is
amended by setting forth, renumbering, and changing multiple

versions of Section 8b as follows:
(110 ILCS 330/8b)
Sec. 8b. Instruments for taking a pregnant woman's blood
pressure. The University of Illinois Hospital shall ensure
that it has the proper instruments available for taking a
pregnant woman's blood pressure. The Department of Public
Health shall adopt rules for the implementation of this
Section.
(Source: P.A. 101-91, eff. 1-1-20.)
(110 ILCS 330/8c)
Sec. 8c 8b. Closed captioning required. The University of
Illinois Hospital must make reasonable efforts to have
activated at all times the closed captioning feature on a
television in a common area provided for use by the general
public or in a patient's room or to enable the closed
captioning feature when requested to do so by a member of the
general public or a patient if the television includes a
closed captioning feature.
It is not a violation of this Section if the closed
captioning feature is deactivated by a member of the
University of Illinois Hospital's staff after such feature is
enabled in a common area or in a patient's room unless the
deactivation of the closed captioning feature is knowing or
intentional. It is not a violation of this Section if the

closed captioning feature is deactivated by a member of the
general public, a patient, or a member of the University of
Illinois Hospital's staff at the request of a patient of the
University of Illinois Hospital.
If the University of Illinois Hospital does not have a
television that includes a closed captioning feature, then the
University of Illinois Hospital must ensure that all
televisions obtained for common areas and patient rooms after
January 1, 2020 (the effective date of Public Act 101-116)
this amendatory Act of the 101st General Assembly include a
closed captioning feature. This Section does not affect any
other provision of law relating to disability discrimination
or providing reasonable accommodations or diminish the rights
of a person with a disability under any other law.
As used in this Section, "closed captioning" means a text
display of spoken words presented on a television that allows
a deaf or hard of hearing viewer to follow the dialogue and the
action of a program simultaneously.
(Source: P.A. 101-116, eff. 1-1-20; revised 9-17-19.)
Section 400. The Southern Illinois University Management
Act is amended by setting forth and renumbering multiple
versions of Section 90 as follows:
(110 ILCS 520/90)
Sec. 90. Mental health resources. For the 2020-2021

academic year and for each academic year thereafter, the
University must make available to its students information on
all mental health and suicide prevention resources available
at the University.
(Source: P.A. 101-217, eff. 1-1-20.)
(110 ILCS 520/95)
Sec. 95 90. Competency-based learning program; notice. If
the University offers a competency-based learning program, it
must notify a student if he or she becomes eligible for the
program.
(Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
Section 405. The Chicago State University Law is amended
by setting forth and renumbering multiple versions of Section
5-200 as follows:
(110 ILCS 660/5-200)
Sec. 5-200. Mental health resources. For the 2020-2021
academic year for and each academic year thereafter, the
University must make available to its students information on
all mental health and suicide prevention resources available
at the University.
(Source: P.A. 101-217, eff. 1-1-20.)
(110 ILCS 660/5-205)

Sec. 5-205 5-200. Competency-based learning program;
notice. If the University offers a competency-based learning
program, it must notify a student if he or she becomes eligible
for the program.
(Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
Section 410. The Eastern Illinois University Law is
amended by setting forth and renumbering multiple versions of
Section 10-200 as follows:
(110 ILCS 665/10-200)
Sec. 10-200. Mental health resources. For the 2020-2021
academic year and for each academic year thereafter, the
University must make available to its students information on
all mental health and suicide prevention resources available
at the University.
(Source: P.A. 101-217, eff. 1-1-20.)
(110 ILCS 665/10-205)
Sec. 10-205 10-200. Competency-based learning program;
notice. If the University offers a competency-based learning
program, it must notify a student if he or she becomes eligible
for the program.
(Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
Section 415. The Governors State University Law is amended

by setting forth and renumbering multiple versions of Section
15-200 as follows:
(110 ILCS 670/15-200)
Sec. 15-200. Mental health resources. For the 2020-2021
academic year and for each academic year thereafter, the
University must make available to its students information on
all mental health and suicide prevention resources available
at the University.
(Source: P.A. 101-217, eff. 1-1-20.)
(110 ILCS 670/15-205)
Sec. 15-205 15-200. Competency-based learning program;
notice. If the University offers a competency-based learning
program, it must notify a student if he or she becomes eligible
for the program.
(Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
Section 420. The Illinois State University Law is amended
by setting forth and renumbering multiple versions of Section
20-205 as follows:
(110 ILCS 675/20-205)
Sec. 20-205. Mental health resources. For the 2020-2021
academic year and for each academic year thereafter, the
University must make available to its students information on

all mental health and suicide prevention resources available
at the University.
(Source: P.A. 101-217, eff. 1-1-20.)
(110 ILCS 675/20-210)
Sec. 20-210 20-205. Competency-based learning program;
notice. If the University offers a competency-based learning
program, it must notify a student if he or she becomes eligible
for the program.
(Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
Section 425. The Northeastern Illinois University Law is
amended by setting forth and renumbering multiple versions of
Section 25-200 as follows:
(110 ILCS 680/25-200)
Sec. 25-200. Mental health resources. For the 2020-2021
academic year and for each academic year thereafter, the
University must make available to its students information on
all mental health and suicide prevention resources available
at the University.
(Source: P.A. 101-217, eff. 1-1-20.)
(110 ILCS 680/25-205)
Sec. 25-205 25-200. Competency-based learning program;
notice. If the University offers a competency-based learning

program, it must notify a student if he or she becomes eligible
for the program.
(Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
Section 430. The Northern Illinois University Law is
amended by setting forth and renumbering multiple versions of
Section 30-210 as follows:
(110 ILCS 685/30-210)
Sec. 30-210. Mental health resources. For the 2020-2021
academic year and for each academic year thereafter, the
University must make available to its students information on
all mental health and suicide prevention resources available
at the University.
(Source: P.A. 101-217, eff. 1-1-20.)
(110 ILCS 685/30-215)
Sec. 30-215 30-210. Competency-based learning program;
notice. If the University offers a competency-based learning
program, it must notify a student if he or she becomes eligible
for the program.
(Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
Section 435. The Western Illinois University Law is
amended by setting forth and renumbering multiple versions of
Section 35-205 as follows:

(110 ILCS 690/35-205)
Sec. 35-205. Mental health resources. For the 2020-2021
academic year and for each academic year thereafter, the
University must make available to its students information on
all mental health and suicide prevention resources available
at the University.
(Source: P.A. 101-217, eff. 1-1-20.)
(110 ILCS 690/35-210)
Sec. 35-210 35-205. Competency-based learning program;
notice. If the University offers a competency-based learning
program, it must notify a student if he or she becomes eligible
for the program.
(Source: P.A. 101-271, eff. 1-1-20; revised 10-8-19.)
Section 440. The Public Community College Act is amended
by changing Sections 2-26 and 3-42.1 as follows:
(110 ILCS 805/2-26)
Sec. 2-26. 21st Century Employment grant program.
(a) Subject to appropriation, the State Board shall
establish and administer a 21st Century Employment grant
program. To qualify for a grant, a community college district
and a public high school located in that district must jointly
establish a collaborative regional partnership with workforce

development organizations, including community-based
organizations with a vested interest in the workforce,
regional economic development organizations, and economic
development officials in the district, along with
manufacturers, healthcare service providers, and innovative
technology businesses that have a presence in the district, to
provide a manufacturing training program. A grant recipient
must provide the State Board with a plan that meets all of the
following requirements:
(1) The plan shall define specific goals that a
student must meet upon graduation.
(2) The plan shall include the type of professional
skills that will be taught in order for the students to
gain and retain employment. The professional skills
curriculum in the program shall include, but not be
limited to, training on all of the following:
(A) Effective communication skills.
(B) Teamwork.
(C) Dependability.
(D) Adaptability.
(E) Conflict resolution.
(F) Flexibility.
(G) Leadership.
(H) Problem-solving.
(I) Research.
(J) Creativity.

(K) Work ethic.
(L) Integrity.
In awarding grants under this Section, the State Board
must give priority to plans that demonstrate a formal
articulation agreement between a public high school and a
community college district.
(3) The plan shall include a budget that includes any
outside donations, including any in-kind donations, made
to help the program, including from non-profit entities
and individuals.
(4) The plan shall include the proposed number of
individuals who would be enrolled in the program, along
with the places that those individuals could be employed
at after graduation and what industries would be targeted.
The plan must support a seamless transition into higher
education and career opportunities and must outline the
college credit and on-the-job training hours that will
transfer from the high school to a community college.
(5) The plan shall require a private-public
partnership clause that requires private businesses to
contribute an amount determined by the State Board and the
collaborative regional partnership that does not exceed
40% of the amount of the total project. The applicant must
provide the State Board with a receipt of contributions
from businesses to evidence compliance with this
paragraph. However, businesses may contribute equipment or

offer their facilities, in which case a business shall
establish a cost of use of its facility, to meet the
requirements of this paragraph.
(6) The plan shall indicate the certificates that the
community college or high school will offer to students
upon graduation, as agreed to by the collaborative
regional partnership. The community college or high school
shall offer no less than 6 types of industry-recognized
certificates.
(b) The State Board shall establish an advisory board for
the grant program established under subsection (a) that
consists of all of the following members:
(1) The Director of Commerce and Economic Opportunity.
(2) The Executive Director of the State Board.
(3) The State Superintendent of Education.
(4) The Director of Labor.
(5) A senator appointed by the President of the
Senate.
(6) A senator appointed by the Minority Leader of the
Senate.
(7) A representative appointed by the Speaker of the
House of Representatives.
(8) A representative appointed by the Minority Leader
of the House of Representatives.
(9) A member from a statewide organization that
represents manufacturing companies throughout this State,

appointed by the Governor.
(10) A member who represents at-risk students,
including, but not limited to, opportunity youth,
appointed by the Governor.
(11) A member from a statewide organization that
represents multiple employee unions in this State,
appointed by the Governor.
(12) A member from a trade union, appointed by the
Governor.
(13) A member from a statewide organization that
represents the business community, appointed by the
Governor.
(14) A member from a statewide organization that
represents service employees in this State, appointed by
the Governor.
(15) Educators representing various regions of this
State from professional teachers' organizations, appointed
by the Governor.
(16) A member from a statewide organization that
represents hospitals in this State, appointed by the
Governor.
(17) A president of a community college, appointed by
the Governor.
(18) A district superintendent of a high school
district, appointed by the Governor.
The members of the advisory board shall serve without

compensation but shall be reimbursed for their reasonable and
necessary expenses from funds appropriated to the State Board
for that purpose, including travel, subject to the rules of
the appropriate travel control board.
The advisory board shall meet at the call of the State
Board and shall report to the State Board. The State Board
shall provide administrative and other support to the advisory
board.
(c) The advisory board established under subsection (b)
shall have all of the following duties:
(1) To review the progress made by each grant
recipient, including, but not limited to, the
gainful-employment success rate, how many students remain
employed for how long, and how many students went on to
receive higher manufacturing certificates.
(2) To review how many students went on to complete a
paid internship or apprenticeship upon graduation.
(3) To compile a list of programs offered by each
community college or high school.
(4) To analyze whether the certificates are closing
the gap in education for the current needs of the labor
force, and to offer suggestions on how to close the gap if
one still exists.
(5) To suggest certificates that could help future
employers looking to locate in this State.
(6) To offer guidelines for the types of certificates

that a community college or high school should pursue.
(7) To offer possible rules to the State Board that
the grant process should follow.
(d) The State Board may adopt any rules necessary for the
purposes of this Section.
(Source: P.A. 101-437, eff. 1-1-20; revised 8-21-20.)
(110 ILCS 805/3-42.1) (from Ch. 122, par. 103-42.1)
Sec. 3-42.1. (a) To appoint law enforcement officer and
non-law enforcement officer members of the community college
district police department or department of public safety.
(b) Members of the community college district police
department or department of public safety who are law
enforcement officers, as defined in the Illinois Police
Training Act, shall be peace officers under the laws of this
State. As such, law enforcement officer members of these
departments shall have all of the powers of police officers in
cities and sheriffs in counties, including the power to make
arrests on view or on warrants for violations of State
statutes and to enforce county or city ordinances in all
counties that lie within the community college district, when
such is required for the protection of community college
personnel, students, property, or interests. Such officers
shall have no power to serve and execute civil process.
As peace officers in this State, all laws pertaining to
hiring, training, retention, service authority, and discipline

of police officers, under State law, shall apply. Law
enforcement officer members must complete the minimum basic
training requirements of a police training school under the
Illinois Police Training Act. Law enforcement officer members
who have successfully completed an Illinois Law Enforcement
Training and Standards Board certified firearms course shall
be equipped with appropriate firearms and auxiliary weapons.
(c) Non-law enforcement officer members of the community
college police, public safety, or security departments whose
job requirements include performing patrol and security type
functions shall, within 6 months after their initial hiring
date, be required to successfully complete the 20-hour basic
security training course required by (i) the Department of
Financial and Professional Regulation, Division of
Professional Regulation for Security Officers, (ii) by the
International Association of College Law Enforcement
Administrators, or (iii) campus protection officer training
program or a similar course certified and approved by the
Illinois Law Enforcement Training and Standards Board. They
shall also be permitted to become members of an Illinois State
Training Board Mobile Training Unit and shall complete 8 hours
in continuing training, related to their specific position of
employment, each year. The board may establish reasonable
eligibility requirements for appointment and retention of
non-law enforcement officer members.
All non-law enforcement officer members authorized to

carry weapons, other than firearms, shall receive training on
the proper deployment and use of force regarding such weapons.
(Source: P.A. 100-884, eff. 1-1-19; revised 11-16-20.)
Section 445. The Illinois Educational Labor Relations Act
is amended by changing Section 14 as follows:
(115 ILCS 5/14) (from Ch. 48, par. 1714)
Sec. 14. Unfair labor practices.
(a) Educational employers, their agents or representatives
are prohibited from:
(1) Interfering, restraining or coercing employees in
the exercise of the rights guaranteed under this Act.
(2) Dominating or interfering with the formation,
existence or administration of any employee organization.
(3) Discriminating in regard to hire or tenure of
employment or any term or condition of employment to
encourage or discourage membership in any employee
organization.
(4) Discharging or otherwise discriminating against an
employee because he or she has signed or filed an
affidavit, authorization card, petition or complaint or
given any information or testimony under this Act.
(5) Refusing to bargain collectively in good faith
with an employee representative which is the exclusive
representative of employees in an appropriate unit,

including, but not limited to, the discussing of
grievances with the exclusive representative; provided,
however, that if an alleged unfair labor practice involves
interpretation or application of the terms of a collective
bargaining agreement and said agreement contains a
grievance and arbitration procedure, the Board may defer
the resolution of such dispute to the grievance and
arbitration procedure contained in said agreement.
(6) Refusing to reduce a collective bargaining
agreement to writing and signing such agreement.
(7) Violating any of the rules and regulations
promulgated by the Board regulating the conduct of
representation elections.
(8) Refusing to comply with the provisions of a
binding arbitration award.
(9) Expending or causing the expenditure of public
funds to any external agent, individual, firm, agency,
partnership or association in any attempt to influence the
outcome of representational elections held pursuant to
paragraph (c) of Section 7 of this Act; provided, that
nothing in this subsection shall be construed to limit an
employer's right to be represented on any matter
pertaining to unit determinations, unfair labor practice
charges or pre-election conferences in any formal or
informal proceeding before the Board, or to seek or obtain
advice from legal counsel. Nothing in this paragraph shall

be construed to prohibit an employer from expending or
causing the expenditure of public funds on, or seeking or
obtaining services or advice from, any organization, group
or association established by, and including educational
or public employers, whether or not covered by this Act,
the Illinois Public Labor Relations Act or the public
employment labor relations law of any other state or the
federal government, provided that such services or advice
are generally available to the membership of the
organization, group, or association, and are not offered
solely in an attempt to influence the outcome of a
particular representational election.
(10) Interfering with, restraining, coercing,
deterring or discouraging educational employees or
applicants to be educational employees from: (1) becoming
members of an employee organization; (2) authorizing
representation by an employee organization; or (3)
authorizing dues or fee deductions to an employee
organization, nor shall the employer intentionally permit
outside third parties to use its email or other
communications systems to engage in that conduct. An
employer's good faith implementation of a policy to block
the use of its email or other communication systems for
such purposes shall be a defense to an unfair labor
practice.
(11) Disclosing to any person or entity information

set forth in subsection (d) of Section 3 of this Act that
the employer knows or should know will be used to
interfere with, restrain, coerce, deter, or discourage any
public employee from: (i) becoming or remaining members of
a labor organization, (ii) authorizing representation by a
labor organization, or (iii) authorizing dues or fee
deductions to a labor organization.
(b) Employee organizations, their agents or
representatives or educational employees are prohibited from:
(1) Restraining or coercing employees in the exercise
of the rights guaranteed under this Act, provided that a
labor organization or its agents shall commit an unfair
labor practice under this paragraph in duty of fair
representation cases only by intentional misconduct in
representing employees under this Act.
(2) Restraining or coercing an educational employer in
the selection of his representative for the purposes of
collective bargaining or the adjustment of grievances.
(3) Refusing to bargain collectively in good faith
with an educational employer, if they have been designated
in accordance with the provisions of this Act as the
exclusive representative of employees in an appropriate
unit.
(4) Violating any of the rules and regulations
promulgated by the Board regulating the conduct of
representation elections.

(5) Refusing to reduce a collective bargaining
agreement to writing and signing such agreement.
(6) Refusing to comply with the provisions of a
binding arbitration award.
(c) The expressing of any views, argument, opinion or the
dissemination thereof, whether in written, printed, graphic or
visual form, shall not constitute or be evidence of an unfair
labor practice under any of the provisions of this Act, if such
expression contains no threat of reprisal or force or promise
of benefit.
(c-5) The employer shall not discourage public employees
or applicants to be public employees from becoming or
remaining union members or authorizing dues deductions, and
shall not otherwise interfere with the relationship between
employees and their exclusive bargaining representative. The
employer shall refer all inquiries about union membership to
the exclusive bargaining representative, except that the
employer may communicate with employees regarding payroll
processes and procedures. The employer will establish email
policies in an effort to prohibit the use of its email system
by outside sources.
(d) The actions of a Financial Oversight Panel created
pursuant to Section 1A-8 of the School Code due to a district
violating a financial plan shall not constitute or be evidence
of an unfair labor practice under any of the provisions of this
Act. Such actions include, but are not limited to, reviewing,

approving, or rejecting a school district budget or a
collective bargaining agreement.
(Source: P.A. 101-620, eff. 12-20-19; revised 8-21-20.)
Section 450. The Illinois Banking Act is amended by
changing Section 48 as follows:
(205 ILCS 5/48)
Sec. 48. Secretary's powers; duties. The Secretary shall
have the powers and authority, and is charged with the duties
and responsibilities designated in this Act, and a State bank
shall not be subject to any other visitorial power other than
as authorized by this Act, except those vested in the courts,
or upon prior consultation with the Secretary, a foreign bank
regulator with an appropriate supervisory interest in the
parent or affiliate of a state bank. In the performance of the
Secretary's duties:
(1) The Commissioner shall call for statements from
all State banks as provided in Section 47 at least one time
during each calendar quarter.
(2) (a) The Commissioner, as often as the Commissioner
shall deem necessary or proper, and no less frequently
than 18 months following the preceding examination, shall
appoint a suitable person or persons to make an
examination of the affairs of every State bank, except
that for every eligible State bank, as defined by

regulation, the Commissioner in lieu of the examination
may accept on an alternating basis the examination made by
the eligible State bank's appropriate federal banking
agency pursuant to Section 111 of the Federal Deposit
Insurance Corporation Improvement Act of 1991, provided
the appropriate federal banking agency has made such an
examination. A person so appointed shall not be a
stockholder or officer or employee of any bank which that
person may be directed to examine, and shall have powers
to make a thorough examination into all the affairs of the
bank and in so doing to examine any of the officers or
agents or employees thereof on oath and shall make a full
and detailed report of the condition of the bank to the
Commissioner. In making the examination the examiners
shall include an examination of the affairs of all the
affiliates of the bank, as defined in subsection (b) of
Section 35.2 of this Act, or subsidiaries of the bank as
shall be necessary to disclose fully the conditions of the
subsidiaries or affiliates, the relations between the bank
and the subsidiaries or affiliates and the effect of those
relations upon the affairs of the bank, and in connection
therewith shall have power to examine any of the officers,
directors, agents, or employees of the subsidiaries or
affiliates on oath. After May 31, 1997, the Commissioner
may enter into cooperative agreements with state
regulatory authorities of other states to provide for

examination of State bank branches in those states, and
the Commissioner may accept reports of examinations of
State bank branches from those state regulatory
authorities. These cooperative agreements may set forth
the manner in which the other state regulatory authorities
may be compensated for examinations prepared for and
submitted to the Commissioner.
(b) After May 31, 1997, the Commissioner is authorized
to examine, as often as the Commissioner shall deem
necessary or proper, branches of out-of-state banks. The
Commissioner may establish and may assess fees to be paid
to the Commissioner for examinations under this subsection
(b). The fees shall be borne by the out-of-state bank,
unless the fees are borne by the state regulatory
authority that chartered the out-of-state bank, as
determined by a cooperative agreement between the
Commissioner and the state regulatory authority that
chartered the out-of-state bank.
(2.1) Pursuant to paragraph (a) of subsection (6) of
this Section, the Secretary shall adopt rules that ensure
consistency and due process in the examination process.
The Secretary may also establish guidelines that (i)
define the scope of the examination process and (ii)
clarify examination items to be resolved. The rules,
formal guidance, interpretive letters, or opinions
furnished to State banks by the Secretary may be relied

upon by the State banks.
(2.5) Whenever any State bank, any subsidiary or
affiliate of a State bank, or after May 31, 1997, any
branch of an out-of-state bank causes to be performed, by
contract or otherwise, any bank services for itself,
whether on or off its premises:
(a) that performance shall be subject to
examination by the Commissioner to the same extent as
if services were being performed by the bank or, after
May 31, 1997, branch of the out-of-state bank itself
on its own premises; and
(b) the bank or, after May 31, 1997, branch of the
out-of-state bank shall notify the Commissioner of the
existence of a service relationship. The notification
shall be submitted with the first statement of
condition (as required by Section 47 of this Act) due
after the making of the service contract or the
performance of the service, whichever occurs first.
The Commissioner shall be notified of each subsequent
contract in the same manner.
For purposes of this subsection (2.5), the term "bank
services" means services such as sorting and posting of
checks and deposits, computation and posting of interest
and other credits and charges, preparation and mailing of
checks, statements, notices, and similar items, or any
other clerical, bookkeeping, accounting, statistical, or

similar functions performed for a State bank, including,
but not limited to, electronic data processing related to
those bank services.
(3) The expense of administering this Act, including
the expense of the examinations of State banks as provided
in this Act, shall to the extent of the amounts resulting
from the fees provided for in paragraphs (a), (a-2), and
(b) of this subsection (3) be assessed against and borne
by the State banks:
(a) Each bank shall pay to the Secretary a Call
Report Fee which shall be paid in quarterly
installments equal to one-fourth of the sum of the
annual fixed fee of $800, plus a variable fee based on
the assets shown on the quarterly statement of
condition delivered to the Secretary in accordance
with Section 47 for the preceding quarter according to
the following schedule: 16¢ per $1,000 of the first
$5,000,000 of total assets, 15¢ per $1,000 of the next
$20,000,000 of total assets, 13¢ per $1,000 of the
next $75,000,000 of total assets, 9¢ per $1,000 of the
next $400,000,000 of total assets, 7¢ per $1,000 of
the next $500,000,000 of total assets, and 5¢ per
$1,000 of all assets in excess of $1,000,000,000, of
the State bank. The Call Report Fee shall be
calculated by the Secretary and billed to the banks
for remittance at the time of the quarterly statements

of condition provided for in Section 47. The Secretary
may require payment of the fees provided in this
Section by an electronic transfer of funds or an
automatic debit of an account of each of the State
banks. In case more than one examination of any bank is
deemed by the Secretary to be necessary in any
examination frequency cycle specified in subsection
2(a) of this Section, and is performed at his
direction, the Secretary may assess a reasonable
additional fee to recover the cost of the additional
examination. In lieu of the method and amounts set
forth in this paragraph (a) for the calculation of the
Call Report Fee, the Secretary may specify by rule
that the Call Report Fees provided by this Section may
be assessed semiannually or some other period and may
provide in the rule the formula to be used for
calculating and assessing the periodic Call Report
Fees to be paid by State banks.
(a-1) If in the opinion of the Commissioner an
emergency exists or appears likely, the Commissioner
may assign an examiner or examiners to monitor the
affairs of a State bank with whatever frequency he
deems appropriate, including, but not limited to, a
daily basis. The reasonable and necessary expenses of
the Commissioner during the period of the monitoring
shall be borne by the subject bank. The Commissioner

shall furnish the State bank a statement of time and
expenses if requested to do so within 30 days of the
conclusion of the monitoring period.
(a-2) On and after January 1, 1990, the reasonable
and necessary expenses of the Commissioner during
examination of the performance of electronic data
processing services under subsection (2.5) shall be
borne by the banks for which the services are
provided. An amount, based upon a fee structure
prescribed by the Commissioner, shall be paid by the
banks or, after May 31, 1997, branches of out-of-state
banks receiving the electronic data processing
services along with the Call Report Fee assessed under
paragraph (a) of this subsection (3).
(a-3) After May 31, 1997, the reasonable and
necessary expenses of the Commissioner during
examination of the performance of electronic data
processing services under subsection (2.5) at or on
behalf of branches of out-of-state banks shall be
borne by the out-of-state banks, unless those expenses
are borne by the state regulatory authorities that
chartered the out-of-state banks, as determined by
cooperative agreements between the Commissioner and
the state regulatory authorities that chartered the
out-of-state banks.
(b) "Fiscal year" for purposes of this Section 48

is defined as a period beginning July 1 of any year and
ending June 30 of the next year. The Commissioner
shall receive for each fiscal year, commencing with
the fiscal year ending June 30, 1987, a contingent fee
equal to the lesser of the aggregate of the fees paid
by all State banks under paragraph (a) of subsection
(3) for that year, or the amount, if any, whereby the
aggregate of the administration expenses, as defined
in paragraph (c), for that fiscal year exceeds the sum
of the aggregate of the fees payable by all State banks
for that year under paragraph (a) of subsection (3),
plus any amounts transferred into the Bank and Trust
Company Fund from the State Pensions Fund for that
year, plus all other amounts collected by the
Commissioner for that year under any other provision
of this Act, plus the aggregate of all fees collected
for that year by the Commissioner under the Corporate
Fiduciary Act, excluding the receivership fees
provided for in Section 5-10 of the Corporate
Fiduciary Act, and the Foreign Banking Office Act. The
aggregate amount of the contingent fee thus arrived at
for any fiscal year shall be apportioned amongst,
assessed upon, and paid by the State banks and foreign
banking corporations, respectively, in the same
proportion that the fee of each under paragraph (a) of
subsection (3), respectively, for that year bears to

the aggregate for that year of the fees collected
under paragraph (a) of subsection (3). The aggregate
amount of the contingent fee, and the portion thereof
to be assessed upon each State bank and foreign
banking corporation, respectively, shall be determined
by the Commissioner and shall be paid by each,
respectively, within 120 days of the close of the
period for which the contingent fee is computed and is
payable, and the Commissioner shall give 20 days'
advance notice of the amount of the contingent fee
payable by the State bank and of the date fixed by the
Commissioner for payment of the fee.
(c) The "administration expenses" for any fiscal
year shall mean the ordinary and contingent expenses
for that year incident to making the examinations
provided for by, and for otherwise administering, this
Act, the Corporate Fiduciary Act, excluding the
expenses paid from the Corporate Fiduciary
Receivership account in the Bank and Trust Company
Fund, the Foreign Banking Office Act, the Electronic
Fund Transfer Act, and the Illinois Bank Examiners'
Education Foundation Act, including all salaries and
other compensation paid for personal services rendered
for the State by officers or employees of the State,
including the Commissioner and the Deputy
Commissioners, communication equipment and services,

office furnishings, surety bond premiums, and travel
expenses of those officers and employees, employees,
expenditures or charges for the acquisition,
enlargement or improvement of, or for the use of, any
office space, building, or structure, or expenditures
for the maintenance thereof or for furnishing heat,
light, or power with respect thereto, all to the
extent that those expenditures are directly incidental
to such examinations or administration. The
Commissioner shall not be required by paragraphs (c)
or (d-1) of this subsection (3) to maintain in any
fiscal year's budget appropriated reserves for accrued
vacation and accrued sick leave that is required to be
paid to employees of the Commissioner upon termination
of their service with the Commissioner in an amount
that is more than is reasonably anticipated to be
necessary for any anticipated turnover in employees,
whether due to normal attrition or due to layoffs,
terminations, or resignations.
(d) The aggregate of all fees collected by the
Secretary under this Act, the Corporate Fiduciary Act,
or the Foreign Banking Office Act on and after July 1,
1979, shall be paid promptly after receipt of the
same, accompanied by a detailed statement thereof,
into the State treasury and shall be set apart in a
special fund to be known as the "Bank and Trust Company

Fund", except as provided in paragraph (c) of
subsection (11) of this Section. All earnings received
from investments of funds in the Bank and Trust
Company Fund shall be deposited in the Bank and Trust
Company Fund and may be used for the same purposes as
fees deposited in that Fund. The amount from time to
time deposited into the Bank and Trust Company Fund
shall be used: (i) to offset the ordinary
administrative expenses of the Secretary as defined in
this Section or (ii) as a credit against fees under
paragraph (d-1) of this subsection (3). Nothing in
Public Act 81-131 shall prevent continuing the
practice of paying expenses involving salaries,
retirement, social security, and State-paid insurance
premiums of State officers by appropriations from the
General Revenue Fund. However, the General Revenue
Fund shall be reimbursed for those payments made on
and after July 1, 1979, by an annual transfer of funds
from the Bank and Trust Company Fund. Moneys in the
Bank and Trust Company Fund may be transferred to the
Professions Indirect Cost Fund, as authorized under
Section 2105-300 of the Department of Professional
Regulation Law of the Civil Administrative Code of
Illinois.
Notwithstanding provisions in the State Finance
Act, as now or hereafter amended, or any other law to

the contrary, the Governor may, during any fiscal year
through January 10, 2011, from time to time direct the
State Treasurer and Comptroller to transfer a
specified sum not exceeding 10% of the revenues to be
deposited into the Bank and Trust Company Fund during
that fiscal year from that Fund to the General Revenue
Fund in order to help defray the State's operating
costs for the fiscal year. Notwithstanding provisions
in the State Finance Act, as now or hereafter amended,
or any other law to the contrary, the total sum
transferred during any fiscal year through January 10,
2011, from the Bank and Trust Company Fund to the
General Revenue Fund pursuant to this provision shall
not exceed during any fiscal year 10% of the revenues
to be deposited into the Bank and Trust Company Fund
during that fiscal year. The State Treasurer and
Comptroller shall transfer the amounts designated
under this Section as soon as may be practicable after
receiving the direction to transfer from the Governor.
(d-1) Adequate funds shall be available in the
Bank and Trust Company Fund to permit the timely
payment of administration expenses. In each fiscal
year the total administration expenses shall be
deducted from the total fees collected by the
Commissioner and the remainder transferred into the
Cash Flow Reserve Account, unless the balance of the

Cash Flow Reserve Account prior to the transfer equals
or exceeds one-fourth of the total initial
appropriations from the Bank and Trust Company Fund
for the subsequent year, in which case the remainder
shall be credited to State banks and foreign banking
corporations and applied against their fees for the
subsequent year. The amount credited to each State
bank and foreign banking corporation shall be in the
same proportion as the Call Report Fees paid by each
for the year bear to the total Call Report Fees
collected for the year. If, after a transfer to the
Cash Flow Reserve Account is made or if no remainder is
available for transfer, the balance of the Cash Flow
Reserve Account is less than one-fourth of the total
initial appropriations for the subsequent year and the
amount transferred is less than 5% of the total Call
Report Fees for the year, additional amounts needed to
make the transfer equal to 5% of the total Call Report
Fees for the year shall be apportioned amongst,
assessed upon, and paid by the State banks and foreign
banking corporations in the same proportion that the
Call Report Fees of each, respectively, for the year
bear to the total Call Report Fees collected for the
year. The additional amounts assessed shall be
transferred into the Cash Flow Reserve Account. For
purposes of this paragraph (d-1), the calculation of

the fees collected by the Commissioner shall exclude
the receivership fees provided for in Section 5-10 of
the Corporate Fiduciary Act.
(e) The Commissioner may upon request certify to
any public record in his keeping and shall have
authority to levy a reasonable charge for issuing
certifications of any public record in his keeping.
(f) In addition to fees authorized elsewhere in
this Act, the Commissioner may, in connection with a
review, approval, or provision of a service, levy a
reasonable charge to recover the cost of the review,
approval, or service.
(4) Nothing contained in this Act shall be construed
to limit the obligation relative to examinations and
reports of any State bank, deposits in which are to any
extent insured by the United States or any agency thereof,
nor to limit in any way the powers of the Commissioner with
reference to examinations and reports of that bank.
(5) The nature and condition of the assets in or
investment of any bonus, pension, or profit sharing plan
for officers or employees of every State bank or, after
May 31, 1997, branch of an out-of-state bank shall be
deemed to be included in the affairs of that State bank or
branch of an out-of-state bank subject to examination by
the Commissioner under the provisions of subsection (2) of
this Section, and if the Commissioner shall find from an

examination that the condition of or operation of the
investments or assets of the plan is unlawful, fraudulent,
or unsafe, or that any trustee has abused his trust, the
Commissioner shall, if the situation so found by the
Commissioner shall not be corrected to his satisfaction
within 60 days after the Commissioner has given notice to
the board of directors of the State bank or out-of-state
bank of his findings, report the facts to the Attorney
General who shall thereupon institute proceedings against
the State bank or out-of-state bank, the board of
directors thereof, or the trustees under such plan as the
nature of the case may require.
(6) The Commissioner shall have the power:
(a) To promulgate reasonable rules for the purpose
of administering the provisions of this Act.
(a-5) To impose conditions on any approval issued
by the Commissioner if he determines that the
conditions are necessary or appropriate. These
conditions shall be imposed in writing and shall
continue in effect for the period prescribed by the
Commissioner.
(b) To issue orders against any person, if the
Commissioner has reasonable cause to believe that an
unsafe or unsound banking practice has occurred, is
occurring, or is about to occur, if any person has
violated, is violating, or is about to violate any

law, rule, or written agreement with the Commissioner,
or for the purpose of administering the provisions of
this Act and any rule promulgated in accordance with
this Act.
(b-1) To enter into agreements with a bank
establishing a program to correct the condition of the
bank or its practices.
(c) To appoint hearing officers to execute any of
the powers granted to the Commissioner under this
Section for the purpose of administering this Act and
any rule promulgated in accordance with this Act and
otherwise to authorize, in writing, an officer or
employee of the Office of Banks and Real Estate to
exercise his powers under this Act.
(d) To subpoena witnesses, to compel their
attendance, to administer an oath, to examine any
person under oath, and to require the production of
any relevant books, papers, accounts, and documents in
the course of and pursuant to any investigation being
conducted, or any action being taken, by the
Commissioner in respect of any matter relating to the
duties imposed upon, or the powers vested in, the
Commissioner under the provisions of this Act or any
rule promulgated in accordance with this Act.
(e) To conduct hearings.
(7) Whenever, in the opinion of the Secretary, any

director, officer, employee, or agent of a State bank or
any subsidiary or bank holding company of the bank or,
after May 31, 1997, of any branch of an out-of-state bank
or any subsidiary or bank holding company of the bank
shall have violated any law, rule, or order relating to
that bank or any subsidiary or bank holding company of the
bank, shall have obstructed or impeded any examination or
investigation by the Secretary, shall have engaged in an
unsafe or unsound practice in conducting the business of
that bank or any subsidiary or bank holding company of the
bank, or shall have violated any law or engaged or
participated in any unsafe or unsound practice in
connection with any financial institution or other
business entity such that the character and fitness of the
director, officer, employee, or agent does not assure
reasonable promise of safe and sound operation of the
State bank, the Secretary may issue an order of removal.
If, in the opinion of the Secretary, any former director,
officer, employee, or agent of a State bank or any
subsidiary or bank holding company of the bank, prior to
the termination of his or her service with that bank or any
subsidiary or bank holding company of the bank, violated
any law, rule, or order relating to that State bank or any
subsidiary or bank holding company of the bank, obstructed
or impeded any examination or investigation by the
Secretary, engaged in an unsafe or unsound practice in

conducting the business of that bank or any subsidiary or
bank holding company of the bank, or violated any law or
engaged or participated in any unsafe or unsound practice
in connection with any financial institution or other
business entity such that the character and fitness of the
director, officer, employee, or agent would not have
assured reasonable promise of safe and sound operation of
the State bank, the Secretary may issue an order
prohibiting that person from further service with a bank
or any subsidiary or bank holding company of the bank as a
director, officer, employee, or agent. An order issued
pursuant to this subsection shall be served upon the
director, officer, employee, or agent. A copy of the order
shall be sent to each director of the bank affected by
registered mail. A copy of the order shall also be served
upon the bank of which he is a director, officer,
employee, or agent, whereupon he shall cease to be a
director, officer, employee, or agent of that bank. The
Secretary may institute a civil action against the
director, officer, or agent of the State bank or, after
May 31, 1997, of the branch of the out-of-state bank
against whom any order provided for by this subsection (7)
of this Section 48 has been issued, and against the State
bank or, after May 31, 1997, out-of-state bank, to enforce
compliance with or to enjoin any violation of the terms of
the order. Any person who has been the subject of an order

of removal or an order of prohibition issued by the
Secretary under this subsection or Section 5-6 of the
Corporate Fiduciary Act may not thereafter serve as
director, officer, employee, or agent of any State bank or
of any branch of any out-of-state bank, or of any
corporate fiduciary, as defined in Section 1-5.05 of the
Corporate Fiduciary Act, or of any other entity that is
subject to licensure or regulation by the Division of
Banking unless the Secretary has granted prior approval in
writing.
For purposes of this paragraph (7), "bank holding
company" has the meaning prescribed in Section 2 of the
Illinois Bank Holding Company Act of 1957.
(7.5) Notwithstanding the provisions of this Section,
the Secretary shall not:
(1) issue an order against a State bank or any
subsidiary organized under this Act for unsafe or
unsound banking practices solely because the entity
provides or has provided financial services to a
cannabis-related legitimate business;
(2) prohibit, penalize, or otherwise discourage a
State bank or any subsidiary from providing financial
services to a cannabis-related legitimate business
solely because the entity provides or has provided
financial services to a cannabis-related legitimate
business;

(3) recommend, incentivize, or encourage a State
bank or any subsidiary not to offer financial services
to an account holder or to downgrade or cancel the
financial services offered to an account holder solely
because:
(A) the account holder is a manufacturer or
producer, or is the owner, operator, or employee
of a cannabis-related legitimate business;
(B) the account holder later becomes an owner
or operator of a cannabis-related legitimate
business; or
(C) the State bank or any subsidiary was not
aware that the account holder is the owner or
operator of a cannabis-related legitimate
business; and
(4) take any adverse or corrective supervisory
action on a loan made to an owner or operator of:
(A) a cannabis-related legitimate business
solely because the owner or operator owns or
operates a cannabis-related legitimate business;
or
(B) real estate or equipment that is leased to
a cannabis-related legitimate business solely
because the owner or operator of the real estate
or equipment leased the equipment or real estate
to a cannabis-related legitimate business.

(8) The Commissioner may impose civil penalties of up
to $100,000 against any person for each violation of any
provision of this Act, any rule promulgated in accordance
with this Act, any order of the Commissioner, or any other
action which in the Commissioner's discretion is an unsafe
or unsound banking practice.
(9) The Commissioner may impose civil penalties of up
to $100 against any person for the first failure to comply
with reporting requirements set forth in the report of
examination of the bank and up to $200 for the second and
subsequent failures to comply with those reporting
requirements.
(10) All final administrative decisions of the
Commissioner hereunder shall be subject to judicial review
pursuant to the provisions of the Administrative Review
Law. For matters involving administrative review, venue
shall be in either Sangamon County or Cook County.
(11) The endowment fund for the Illinois Bank
Examiners' Education Foundation shall be administered as
follows:
(a) (Blank).
(b) The Foundation is empowered to receive
voluntary contributions, gifts, grants, bequests, and
donations on behalf of the Illinois Bank Examiners'
Education Foundation from national banks and other
persons for the purpose of funding the endowment of

the Illinois Bank Examiners' Education Foundation.
(c) The aggregate of all special educational fees
collected by the Secretary and property received by
the Secretary on behalf of the Illinois Bank
Examiners' Education Foundation under this subsection
(11) on or after June 30, 1986, shall be either (i)
promptly paid after receipt of the same, accompanied
by a detailed statement thereof, into the State
Treasury and shall be set apart in a special fund to be
known as "The Illinois Bank Examiners' Education Fund"
to be invested by either the Treasurer of the State of
Illinois in the Public Treasurers' Investment Pool or
in any other investment he is authorized to make or by
the Illinois State Board of Investment as the State
Banking Board of Illinois may direct or (ii) deposited
into an account maintained in a commercial bank or
corporate fiduciary in the name of the Illinois Bank
Examiners' Education Foundation pursuant to the order
and direction of the Board of Trustees of the Illinois
Bank Examiners' Education Foundation.
(12) (Blank).
(13) The Secretary may borrow funds from the General
Revenue Fund on behalf of the Bank and Trust Company Fund
if the Director of Banking certifies to the Governor that
there is an economic emergency affecting banking that
requires a borrowing to provide additional funds to the

Bank and Trust Company Fund. The borrowed funds shall be
paid back within 3 years and shall not exceed the total
funding appropriated to the Agency in the previous year.
(14) In addition to the fees authorized in this Act,
the Secretary may assess reasonable receivership fees
against any State bank that does not maintain insurance
with the Federal Deposit Insurance Corporation. All fees
collected under this subsection (14) shall be paid into
the Non-insured Institutions Receivership account in the
Bank and Trust Company Fund, as established by the
Secretary. The fees assessed under this subsection (14)
shall provide for the expenses that arise from the
administration of the receivership of any such institution
required to pay into the Non-insured Institutions
Receivership account, whether pursuant to this Act, the
Corporate Fiduciary Act, the Foreign Banking Office Act,
or any other Act that requires payments into the
Non-insured Institutions Receivership account. The
Secretary may establish by rule a reasonable manner of
assessing fees under this subsection (14).
(Source: P.A. 100-22, eff. 1-1-18; 101-27, eff. 6-25-19;
101-275, eff. 8-9-19; revised 9-19-19.)
Section 455. The Savings Bank Act is amended by changing
Section 1008 as follows:

(205 ILCS 205/1008) (from Ch. 17, par. 7301-8)
Sec. 1008. General corporate powers.
(a) A savings bank operating under this Act shall be a body
corporate and politic and shall have all of the powers
conferred by this Act including, but not limited to, the
following powers:
(1) To sue and be sued, complain, and defend in its
corporate name and to have a common seal, which it may
alter or renew at pleasure.
(2) To obtain and maintain insurance by a deposit
insurance corporation as defined in this Act.
(3) To act as a fiscal agent for the United States, the
State of Illinois or any department, branch, arm, or
agency of the State or any unit of local government or
school district in the State, when duly designated for
that purpose, and as agent to perform reasonable functions
as may be required of it.
(4) To become a member of or deal with any corporation
or agency of the United States or the State of Illinois, to
the extent that the agency assists in furthering or
facilitating its purposes or powers and to that end to
purchase stock or securities thereof or deposit money
therewith, and to comply with any other conditions of
membership or credit.
(5) To make donations in reasonable amounts for the
public welfare or for charitable, scientific, religious,

or educational purposes.
(6) To adopt and operate reasonable insurance, bonus,
profit sharing, and retirement plans for officers and
employees and for directors including, but not limited to,
advisory, honorary, and emeritus directors, who are not
officers or employees.
(7) To reject any application for membership; to
retire deposit accounts by enforced retirement as provided
in this Act and the bylaws; and to limit the issuance of,
or payments on, deposit accounts, subject, however, to
contractual obligations.
(8) To purchase stock or membership interests in
service corporations and to invest in any form of
indebtedness of any service corporation as defined in this
Act, subject to regulations of the Secretary.
(9) To purchase stock of a corporation whose principal
purpose is to operate a safe deposit company or escrow
service company.
(10) To exercise all the powers necessary to qualify
as a trustee or custodian under federal or State law,
provided that the authority to accept and execute trusts
is subject to the provisions of the Corporate Fiduciary
Act and to the supervision of those activities by the
Secretary.
(11) (Blank).
(12) To establish, maintain, and operate terminals as

authorized by the Electronic Fund Transfer Act.
(13) To pledge its assets:
(A) to enable it to act as agent for the sale of
obligations of the United States;
(B) to secure deposits;
(C) to secure deposits of money whenever required
by the National Bankruptcy Act;
(D) (blank); and
(E) to secure trust funds commingled with the
savings bank's funds, whether deposited by the savings
bank or an affiliate of the savings bank, as required
under Section 2-8 of the Corporate Fiduciary Act.
(14) To accept for payment at a future date not to
exceed one year from the date of acceptance, drafts drawn
upon it by its customers; and to issue, advise, or confirm
letters of credit authorizing holders thereof to draw
drafts upon it or its correspondents.
(15) Subject to the regulations of the Secretary, to
own and lease personal property acquired by the savings
bank at the request of a prospective lessee and, upon the
agreement of that person, to lease the personal property.
(16) To establish temporary service booths at any
International Fair in this State that is approved by the
United States Department of Commerce for the duration of
the international fair for the purpose of providing a
convenient place for foreign trade customers to exchange

their home countries' currency into United States currency
or the converse. To provide temporary periodic service to
persons residing in a bona fide nursing home, senior
citizens' retirement home, or long-term care facility.
These powers shall not be construed as establishing a new
place or change of location for the savings bank providing
the service booth.
(17) To indemnify its officers, directors, employees,
and agents, as authorized for corporations under Section
8.75 of the Business Corporation Corporations Act of 1983.
(18) To provide data processing services to others on
a for-profit basis.
(19) To utilize any electronic technology to provide
customers with home banking services.
(20) Subject to the regulations of the Secretary, to
enter into an agreement to act as a surety.
(21) Subject to the regulations of the Secretary, to
issue credit cards, extend credit therewith, and otherwise
engage in or participate in credit card operations.
(22) To purchase for its own account shares of stock
of a bankers' bank, described in Section 13(b)(1) of the
Illinois Banking Act, on the same terms and conditions as
a bank may purchase such shares. In no event shall the
total amount of such stock held by a savings bank in such
bankers' bank exceed 10% of its capital and surplus
(including undivided profits) and in no event shall a

savings bank acquire more than 5% of any class of voting
securities of such bankers' bank.
(23) With respect to affiliate facilities:
(A) to conduct at affiliate facilities any of the
following transactions for and on behalf of any
affiliated depository institution, if so authorized by
the affiliate or affiliates: receiving deposits;
renewing deposits; cashing and issuing checks, drafts,
money orders, travelers checks, or similar
instruments; changing money; receiving payments on
existing indebtedness; and conducting ministerial
functions with respect to loan applications, servicing
loans, and providing loan account information; and
(B) to authorize an affiliated depository
institution to conduct for and on behalf of it, any of
the transactions listed in this subsection at one or
more affiliate facilities.
A savings bank intending to conduct or to authorize an
affiliated depository institution to conduct at an
affiliate facility any of the transactions specified in
this subsection shall give written notice to the Secretary
at least 30 days before any such transaction is conducted
at an affiliate facility. All conduct under this
subsection shall be on terms consistent with safe and
sound banking practices and applicable law.
(24) Subject to Article XLIV of the Illinois Insurance

Code, to act as the agent for any fire, life, or other
insurance company authorized by the State of Illinois, by
soliciting and selling insurance and collecting premiums
on policies issued by such company; and may receive for
services so rendered such fees or commissions as may be
agreed upon between the said savings bank and the
insurance company for which it may act as agent; provided,
however, that no such savings bank shall in any case
assume or guarantee the payment of any premium on
insurance policies issued through its agency by its
principal; and provided further, that the savings bank
shall not guarantee the truth of any statement made by an
assured in filing his application for insurance.
(25) To become a member of the Federal Home Loan Bank
and to have the powers granted to a savings association
organized under the Illinois Savings and Loan Act of 1985
or the laws of the United States, subject to regulations
of the Secretary.
(26) To offer any product or service that is at the
time authorized or permitted to a bank by applicable law,
but subject always to the same limitations and
restrictions that are applicable to the bank for the
product or service by such applicable law and subject to
the applicable provisions of the Financial Institutions
Insurance Sales Law and rules of the Secretary.
(b) If this Act or the regulations adopted under this Act

fail to provide specific guidance in matters of corporate
governance, the provisions of the Business Corporation Act of
1983 may be used, or if the savings bank is a limited liability
company, the provisions of the Limited Liability Company Act
shall be used.
(c) A savings bank may be organized as a limited liability
company, may convert to a limited liability company, or may
merge with and into a limited liability company, under the
applicable laws of this State and of the United States,
including any rules promulgated thereunder. A savings bank
organized as a limited liability company shall be subject to
the provisions of the Limited Liability Company Act in
addition to this Act, provided that if a provision of the
Limited Liability Company Act conflicts with a provision of
this Act or with any rule of the Secretary, the provision of
this Act or the rule of the Secretary shall apply.
Any filing required to be made under the Limited Liability
Company Act shall be made exclusively with the Secretary, and
the Secretary shall possess the exclusive authority to
regulate the savings bank as provided in this Act.
Any organization as, conversion to, and merger with or
into a limited liability company shall be subject to the prior
approval of the Secretary.
A savings bank that is a limited liability company shall
be subject to all of the provisions of this Act in the same
manner as a savings bank that is organized in stock form.

The Secretary may promulgate rules to ensure that a
savings bank that is a limited liability company (i) is
operating in a safe and sound manner and (ii) is subject to the
Secretary's authority in the same manner as a savings bank
that is organized in stock form.
(Source: P.A. 97-492, eff. 1-1-12; revised 8-23-19.)
Section 460. The Illinois Credit Union Act is amended by
changing Sections 9 and 46 as follows:
(205 ILCS 305/9) (from Ch. 17, par. 4410)
Sec. 9. Reports and examinations.
(1) Credit unions shall report to the Department on forms
supplied by the Department, in accordance with a schedule
published by the Department. A recapitulation of the annual
reports shall be compiled and published annually by the
Department, for the use of the General Assembly, credit
unions, various educational institutions and other interested
parties. A credit union which fails to file any report when due
shall pay to the Department a late filing fee for each day the
report is overdue as prescribed by rule. The Secretary may
extend the time for filing a report.
(2) The Secretary may require special examinations of and
special financial reports from a credit union or a credit
union organization in which a credit union loans, invests, or
delegates substantially all managerial duties and

responsibilities when he determines that such examinations and
reports are necessary to enable the Department to determine
the safety of a credit union's operation or its solvency. The
cost to the Department of the aforesaid special examinations
shall be borne by the credit union being examined as
prescribed by rule.
(3) All credit unions incorporated under this Act shall be
examined at least biennially by the Department or, at the
discretion of the Secretary, by a public accountant registered
by the Department of Financial and Professional Regulation.
The costs of an examination shall be paid by the credit union.
The scope of all examinations by a public accountant shall be
at least equal to the examinations made by the Department. The
examiners shall have full access to, and may compel the
production of, all the books, papers, securities and accounts
of any credit union. A special examination shall be made by the
Department or by a public accountant approved by the
Department upon written request of 5 or more members, who
guarantee the expense of the same. Any credit union refusing
to submit to an examination when ordered by the Department
shall be reported to the Attorney General, who shall institute
proceedings to have its charter revoked. If the Secretary
determines that the examination of a credit union is to be
conducted by a public accountant registered by the Department
of Financial and Professional Regulation and the examination
is done in conjunction with the credit union's external

independent audit of financial statements, the requirements of
this Section and subsection (3) of Section 34 shall be deemed
met.
(3.5) Pursuant to Section 8, the Secretary shall adopt
rules that ensure consistency and due process in the
examination process. The Secretary may also establish
guidelines that (i) define the scope of the examination
process and (ii) clarify examination items to be resolved. The
rules, formal guidance, interpretive interpretative letters,
or opinions furnished to credit unions by the Secretary may be
relied upon by the credit unions.
(4) A copy of the completed report of examination and a
review comment letter, if any, citing exceptions revealed
during the examination, shall be submitted to the credit union
by the Department. A detailed report stating the corrective
actions taken by the board of directors on each exception set
forth in the review comment letter shall be filed with the
Department within 40 days after the date of the review comment
letter, or as otherwise directed by the Department. Any credit
union through its officers, directors, committee members or
employees, which willfully provides fraudulent or misleading
information regarding the corrective actions taken on
exceptions appearing in a review comment letter may have its
operations restricted to the collection of principal and
interest on loans outstanding and the payment of normal
expenses and salaries until all exceptions are corrected and

accepted by the Department.
(Source: P.A. 97-133, eff. 1-1-12; 98-784, eff. 7-24-14;
revised 8-23-19.)
(205 ILCS 305/46) (from Ch. 17, par. 4447)
Sec. 46. Loans and interest rate.
(1) A credit union may make loans to its members for such
purpose and upon such security and terms, including rates of
interest, as the credit committee, credit manager, or loan
officer approves. Notwithstanding the provisions of any other
law in connection with extensions of credit, a credit union
may elect to contract for and receive interest and fees and
other charges for extensions of credit subject only to the
provisions of this Act and rules promulgated under this Act,
except that extensions of credit secured by residential real
estate shall be subject to the laws applicable thereto. The
rates of interest to be charged on loans to members shall be
set by the board of directors of each individual credit union
in accordance with Section 30 of this Act and such rates may be
less than, but may not exceed, the maximum rate set forth in
this Section. A borrower may repay his loan prior to maturity,
in whole or in part, without penalty. A prepayment penalty
does not include a waived, bona fide third-party charge that
the credit union imposes if the borrower prepays all of the
transaction's principal sooner than 36 months after
consummation of a closed-end credit transaction, a waived,

bona fide third-party charge that the credit union imposes if
the borrower terminates an open-end credit plan sooner than 36
months after account opening, or a yield maintenance fee
imposed on a business loan transaction. The credit contract
may provide for the payment by the member and receipt by the
credit union of all costs and disbursements, including
reasonable attorney's fees and collection agency charges,
incurred by the credit union to collect or enforce the debt in
the event of a delinquency by the member, or in the event of a
breach of any obligation of the member under the credit
contract. A contingency or hourly arrangement established
under an agreement entered into by a credit union with an
attorney or collection agency to collect a loan of a member in
default shall be presumed prima facie reasonable.
(2) Credit unions may make loans based upon the security
of any interest or equity in real estate, subject to rules and
regulations promulgated by the Secretary. In any contract or
loan which is secured by a mortgage, deed of trust, or
conveyance in the nature of a mortgage, on residential real
estate, the interest which is computed, calculated, charged,
or collected pursuant to such contract or loan, or pursuant to
any regulation or rule promulgated pursuant to this Act, may
not be computed, calculated, charged or collected for any
period of time occurring after the date on which the total
indebtedness, with the exception of late payment penalties, is
paid in full.

For purposes of this subsection (2) of this Section 46, a
prepayment shall mean the payment of the total indebtedness,
with the exception of late payment penalties if incurred or
charged, on any date before the date specified in the contract
or loan agreement on which the total indebtedness shall be
paid in full, or before the date on which all payments, if
timely made, shall have been made. In the event of a prepayment
of the indebtedness which is made on a date after the date on
which interest on the indebtedness was last computed,
calculated, charged, or collected but before the next date on
which interest on the indebtedness was to be calculated,
computed, charged, or collected, the lender may calculate,
charge and collect interest on the indebtedness for the period
which elapsed between the date on which the prepayment is made
and the date on which interest on the indebtedness was last
computed, calculated, charged or collected at a rate equal to
1/360 of the annual rate for each day which so elapsed, which
rate shall be applied to the indebtedness outstanding as of
the date of prepayment. The lender shall refund to the
borrower any interest charged or collected which exceeds that
which the lender may charge or collect pursuant to the
preceding sentence.
(3) (Blank).
(4) Notwithstanding any other provisions of this Act, a
credit union authorized under this Act to make loans secured
by an interest or equity in real property may engage in making

revolving credit loans secured by mortgages or deeds of trust
on such real property or by security assignments of beneficial
interests in land trusts.
For purposes of this Section, "revolving credit" has the
meaning defined in Section 4.1 of the Interest Act.
Any mortgage or deed of trust given to secure a revolving
credit loan may, and when so expressed therein shall, secure
not only the existing indebtedness but also such future
advances, whether such advances are obligatory or to be made
at the option of the lender, or otherwise, as are made within
20 twenty years from the date thereof, to the same extent as if
such future advances were made on the date of the execution of
such mortgage or deed of trust, although there may be no
advance made at the time of execution of such mortgage or other
instrument, and although there may be no indebtedness
outstanding at the time any advance is made. The lien of such
mortgage or deed of trust, as to third persons without actual
notice thereof, shall be valid as to all such indebtedness and
future advances from form the time said mortgage or deed of
trust is filed for record in the office of the recorder of
deeds or the registrar of titles of the county where the real
property described therein is located. The total amount of
indebtedness that may be so secured may increase or decrease
from time to time, but the total unpaid balance so secured at
any one time shall not exceed a maximum principal amount which
must be specified in such mortgage or deed of trust, plus

interest thereon, and any disbursements made for the payment
of taxes, special assessments, or insurance on said real
property, with interest on such disbursements.
Any such mortgage or deed of trust shall be valid and have
priority over all subsequent liens and encumbrances, including
statutory liens, except taxes and assessments levied on said
real property.
(4-5) For purposes of this Section, "real estate" and
"real property" include a manufactured home as defined in
subdivision (53) of Section 9-102 of the Uniform Commercial
Code which is real property as defined in Section 5-35 of the
Conveyance and Encumbrance of Manufactured Homes as Real
Property and Severance Act.
(5) Compliance with federal or Illinois preemptive laws or
regulations governing loans made by a credit union chartered
under this Act shall constitute compliance with this Act.
(6) Credit unions may make residential real estate
mortgage loans on terms and conditions established by the
United States Department of Agriculture through its Rural
Development Housing and Community Facilities Program. The
portion of any loan in excess of the appraised value of the
real estate shall be allocable only to the guarantee fee
required under the program.
(7) For a renewal, refinancing, or restructuring of an
existing loan at the credit union that is secured by an
interest or equity in real estate, a new appraisal of the

collateral shall not be required when (i) no new moneys are
advanced other than funds necessary to cover reasonable
closing costs, or (ii) there has been no obvious or material
change in market conditions or physical aspects of the real
estate that threatens the adequacy of the credit union's real
estate collateral protection after the transaction, even with
the advancement of new moneys. The Department reserves the
right to require an appraisal under this subsection (7)
whenever the Department believes it is necessary to address
safety and soundness concerns.
(Source: P.A. 99-78, eff. 7-20-15; 99-149, eff. 1-1-16;
99-331, eff. 1-1-16; 99-614, eff. 7-22-16; 99-642, eff.
7-28-16; 100-201, eff. 8-18-17; revised 8-23-19.)
Section 465. The Community Living Facilities Licensing Act
is amended by changing Section 5.5 as follows:
(210 ILCS 35/5.5)
Sec. 5.5. Closed captioning required. A Community Living
Facility licensed under this Act must make reasonable efforts
to have activated at all times the closed captioning feature
on a television in a common area provided for use by the
general public or in a resident's room, or enable the closed
captioning feature when requested to do so by a member of the
general public or a resident, if the television includes a
closed captioning feature.

It is not a violation of this Section if the closed
captioning feature is deactivated by a member of the Community
Living Facility's staff after such feature is enabled in a
common area or in a resident's room unless the deactivation of
the closed captioning feature is knowing or intentional. It is
not a violation of this Section if the closed captioning
feature is deactivated by a member of the general public, a
resident, or a member of the a Community Living Facility's
staff at the request of a resident of the Community Living
Facility licensed under this Act.
If a Community Living Facility licensed under this Act
does not have a television in a common area that includes a
closed captioning feature, then the Community Living Facility
licensed under this Act must ensure that all televisions
obtained for common areas after January 1, 2020 (the effective
date of Public Act 101-116) this amendatory Act of the 101st
General Assembly include a closed captioning feature. This
Section does not affect any other provision of law relating to
disability discrimination or providing reasonable
accommodations or diminish the rights of a person with a
disability under any other law. Nothing in this Section shall
apply to televisions that are privately owned by a resident or
third party and not owned by the Community Living Facility.
As used in this Section, "closed captioning" means a text
display of spoken words presented on a television that allows
a deaf or hard of hearing viewer to follow the dialogue and the

action of a program simultaneously.
(Source: P.A. 101-116, eff. 1-1-20; revised 9-26-19.)
Section 470. The Specialized Mental Health Rehabilitation
Act of 2013 is amended by changing Section 2-101 as follows:
(210 ILCS 49/2-101)
Sec. 2-101. Standards for facilities.
(a) The Department shall, by rule, prescribe minimum
standards for each level of care for facilities to be in place
during the provisional licensure period and thereafter. These
standards shall include, but are not limited to, the
following:
(1) life safety standards that will ensure the health,
safety and welfare of residents and their protection from
hazards;
(2) number and qualifications of all personnel,
including management and clinical personnel, having
responsibility for any part of the care given to
consumers; specifically, the Department shall establish
staffing ratios for facilities which shall specify the
number of staff hours per consumer of care that are needed
for each level of care offered within the facility;
(3) all sanitary conditions within the facility and
its surroundings, including water supply, sewage disposal,
food handling, and general hygiene which shall ensure the

health and comfort of consumers;
(4) a program for adequate maintenance of physical
plant and equipment;
(5) adequate accommodations, staff, and services for
the number and types of services being offered to
consumers for whom the facility is licensed to care;
(6) development of evacuation and other appropriate
safety plans for use during weather, health, fire,
physical plant, environmental, and national defense
emergencies;
(7) maintenance of minimum financial or other
resources necessary to meet the standards established
under this Section, and to operate and conduct the
facility in accordance with this Act; and
(8) standards for coercive free environment,
restraint, and therapeutic separation; and .
(9) each multiple bedroom shall have at least 55
square feet of net floor area per consumer, not including
space for closets, bathrooms, and clearly defined entryway
areas. A minimum of 3 feet of clearance at the foot and one
side of each bed shall be provided.
(b) Any requirement contained in administrative rule
concerning a percentage of single occupancy rooms shall be
calculated based on the total number of licensed or
provisionally licensed beds under this Act on January 1, 2019
and shall not be calculated on a per-facility basis.

(Source: P.A. 100-1181, eff. 3-8-19; 101-10, eff. 6-5-19;
revised 7-17-19.)
Section 475. The Emergency Medical Services (EMS) Systems
Act is amended by changing Sections 3.50 and 3.233 as follows:
(210 ILCS 50/3.50)
Sec. 3.50. Emergency Medical Services personnel licensure
levels.
(a) "Emergency Medical Technician" or "EMT" means a person
who has successfully completed a course in basic life support
as approved by the Department, is currently licensed by the
Department in accordance with standards prescribed by this Act
and rules adopted by the Department pursuant to this Act, and
practices within an EMS System. A valid Emergency Medical
Technician-Basic (EMT-B) license issued under this Act shall
continue to be valid and shall be recognized as an Emergency
Medical Technician (EMT) license until the Emergency Medical
Technician-Basic (EMT-B) license expires.
(b) "Emergency Medical Technician-Intermediate" or "EMT-I"
means a person who has successfully completed a course in
intermediate life support as approved by the Department, is
currently licensed by the Department in accordance with
standards prescribed by this Act and rules adopted by the
Department pursuant to this Act, and practices within an
Intermediate or Advanced Life Support EMS System.

(b-5) "Advanced Emergency Medical Technician" or "A-EMT"
means a person who has successfully completed a course in
basic and limited advanced emergency medical care as approved
by the Department, is currently licensed by the Department in
accordance with standards prescribed by this Act and rules
adopted by the Department pursuant to this Act, and practices
within an Intermediate or Advanced Life Support EMS System.
(c) "Paramedic (EMT-P)" means a person who has
successfully completed a course in advanced life support care
as approved by the Department, is licensed by the Department
in accordance with standards prescribed by this Act and rules
adopted by the Department pursuant to this Act, and practices
within an Advanced Life Support EMS System. A valid Emergency
Medical Technician-Paramedic (EMT-P) license issued under this
Act shall continue to be valid and shall be recognized as a
Paramedic license until the Emergency Medical
Technician-Paramedic (EMT-P) license expires.
(c-5) "Emergency Medical Responder" or "EMR (First
Responder)" means a person who has successfully completed a
course in emergency medical response as approved by the
Department and provides emergency medical response services
prior to the arrival of an ambulance or specialized emergency
medical services vehicle, in accordance with the level of care
established by the National EMS Educational Standards
Emergency Medical Responder course as modified by the
Department. An Emergency Medical Responder who provides

services as part of an EMS System response plan shall comply
with the applicable sections of the Program Plan, as approved
by the Department, of that EMS System. The Department shall
have the authority to adopt rules governing the curriculum,
practice, and necessary equipment applicable to Emergency
Medical Responders.
On August 15, 2014 (the effective date of Public Act
98-973), a person who is licensed by the Department as a First
Responder and has completed a Department-approved course in
first responder defibrillator training based on, or equivalent
to, the National EMS Educational Standards or other standards
previously recognized by the Department shall be eligible for
licensure as an Emergency Medical Responder upon meeting the
licensure requirements and submitting an application to the
Department. A valid First Responder license issued under this
Act shall continue to be valid and shall be recognized as an
Emergency Medical Responder license until the First Responder
license expires.
(c-10) All EMS Systems and licensees shall be fully
compliant with the National EMS Education Standards, as
modified by the Department in administrative rules, within 24
months after the adoption of the administrative rules.
(d) The Department shall have the authority and
responsibility to:
(1) Prescribe education and training requirements,
which includes training in the use of epinephrine, for all

levels of EMS personnel except for EMRs, based on the
National EMS Educational Standards and any modifications
to those curricula specified by the Department through
rules adopted pursuant to this Act.
(2) Prescribe licensure testing requirements for all
levels of EMS personnel, which shall include a requirement
that all phases of instruction, training, and field
experience be completed before taking the appropriate
licensure examination. Candidates may elect to take the
appropriate National Registry examination in lieu of the
Department's examination, but are responsible for making
their own arrangements for taking the National Registry
examination. In prescribing licensure testing requirements
for honorably discharged members of the armed forces of
the United States under this paragraph (2), the Department
shall ensure that a candidate's military emergency medical
training, emergency medical curriculum completed, and
clinical experience, as described in paragraph (2.5), are
recognized.
(2.5) Review applications for EMS personnel licensure
from honorably discharged members of the armed forces of
the United States with military emergency medical
training. Applications shall be filed with the Department
within one year after military discharge and shall
contain: (i) proof of successful completion of military
emergency medical training; (ii) a detailed description of

the emergency medical curriculum completed; and (iii) a
detailed description of the applicant's clinical
experience. The Department may request additional and
clarifying information. The Department shall evaluate the
application, including the applicant's training and
experience, consistent with the standards set forth under
subsections (a), (b), (c), and (d) of Section 3.10. If the
application clearly demonstrates that the training and
experience meet such standards, the Department shall offer
the applicant the opportunity to successfully complete a
Department-approved EMS personnel examination for the
level of license for which the applicant is qualified.
Upon passage of an examination, the Department shall issue
a license, which shall be subject to all provisions of
this Act that are otherwise applicable to the level of EMS
personnel license issued.
(3) License individuals as an EMR, EMT, EMT-I, A-EMT,
or Paramedic who have met the Department's education,
training and examination requirements.
(4) Prescribe annual continuing education and
relicensure requirements for all EMS personnel licensure
levels.
(5) Relicense individuals as an EMD, EMR, EMT, EMT-I,
A-EMT, PHRN, PHAPRN, PHPA, or Paramedic every 4 years,
based on their compliance with continuing education and
relicensure requirements as required by the Department

pursuant to this Act. Every 4 years, a Paramedic shall
have 100 hours of approved continuing education, an EMT-I
and an advanced EMT shall have 80 hours of approved
continuing education, and an EMT shall have 60 hours of
approved continuing education. An Illinois licensed EMR,
EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or
PHRN whose license has been expired for less than 36
months may apply for reinstatement by the Department.
Reinstatement shall require that the applicant (i) submit
satisfactory proof of completion of continuing medical
education and clinical requirements to be prescribed by
the Department in an administrative rule; (ii) submit a
positive recommendation from an Illinois EMS Medical
Director attesting to the applicant's qualifications for
retesting; and (iii) pass a Department approved test for
the level of EMS personnel license sought to be
reinstated.
(6) Grant inactive status to any EMR, EMD, EMT, EMT-I,
A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who
qualifies, based on standards and procedures established
by the Department in rules adopted pursuant to this Act.
(7) Charge a fee for EMS personnel examination,
licensure, and license renewal.
(8) Suspend, revoke, or refuse to issue or renew the
license of any licensee, after an opportunity for an
impartial hearing before a neutral administrative law

judge appointed by the Director, where the preponderance
of the evidence shows one or more of the following:
(A) The licensee has not met continuing education
or relicensure requirements as prescribed by the
Department;
(B) The licensee has failed to maintain
proficiency in the level of skills for which he or she
is licensed;
(C) The licensee, during the provision of medical
services, engaged in dishonorable, unethical, or
unprofessional conduct of a character likely to
deceive, defraud, or harm the public;
(D) The licensee has failed to maintain or has
violated standards of performance and conduct as
prescribed by the Department in rules adopted pursuant
to this Act or his or her EMS System's Program Plan;
(E) The licensee is physically impaired to the
extent that he or she cannot physically perform the
skills and functions for which he or she is licensed,
as verified by a physician, unless the person is on
inactive status pursuant to Department regulations;
(F) The licensee is mentally impaired to the
extent that he or she cannot exercise the appropriate
judgment, skill and safety for performing the
functions for which he or she is licensed, as verified
by a physician, unless the person is on inactive

status pursuant to Department regulations;
(G) The licensee has violated this Act or any rule
adopted by the Department pursuant to this Act; or
(H) The licensee has been convicted (or entered a
plea of guilty or nolo contendere nolo-contendere) by
a court of competent jurisdiction of a Class X, Class
1, or Class 2 felony in this State or an out-of-state
equivalent offense.
(9) Prescribe education and training requirements in
the administration and use of opioid antagonists for all
levels of EMS personnel based on the National EMS
Educational Standards and any modifications to those
curricula specified by the Department through rules
adopted pursuant to this Act.
(d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN,
PHAPRN, PHPA, or PHRN who is a member of the Illinois National
Guard or an Illinois State Trooper or who exclusively serves
as a volunteer for units of local government with a population
base of less than 5,000 or as a volunteer for a not-for-profit
organization that serves a service area with a population base
of less than 5,000 may submit an application to the Department
for a waiver of the fees described under paragraph (7) of
subsection (d) of this Section on a form prescribed by the
Department.
The education requirements prescribed by the Department
under this Section must allow for the suspension of those

requirements in the case of a member of the armed services or
reserve forces of the United States or a member of the Illinois
National Guard who is on active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor at
the time that the member would otherwise be required to
fulfill a particular education requirement. Such a person must
fulfill the education requirement within 6 months after his or
her release from active duty.
(e) In the event that any rule of the Department or an EMS
Medical Director that requires testing for drug use as a
condition of the applicable EMS personnel license conflicts
with or duplicates a provision of a collective bargaining
agreement that requires testing for drug use, that rule shall
not apply to any person covered by the collective bargaining
agreement.
(f) At the time of applying for or renewing his or her
license, an applicant for a license or license renewal may
submit an email address to the Department. The Department
shall keep the email address on file as a form of contact for
the individual. The Department shall send license renewal
notices electronically and by mail to a licensee all licensees
who provides provide the Department with his or her email
address. The notices shall be sent at least 60 days prior to
the expiration date of the license.
(Source: P.A. 100-1082, eff. 8-24-19; 101-81, eff. 7-12-19;

101-153, eff. 1-1-20; revised 12-3-19.)
(210 ILCS 50/3.233)
Sec. 3.233. Opioid overdose reporting.
(a) In this Section:
"Covered vehicle service provider" means a licensed
vehicle service provider that is a municipality with a
population of 1,000,000 or greater.
"Covered vehicle service provider personnel" means
individuals licensed by the Department as an EMT, EMT-I,
A-EMT, or EMT-P who are employed by a covered vehicle service
provider.
"Opioid" means any narcotic containing opium or one or
more of its natural or synthetic derivatives.
"Overdose" means a physiological event that results in a
life-threatening emergency to an individual who ingested,
inhaled, injected, or otherwise bodily absorbed an opioid.
(b) Covered vehicle service provider personnel who treat
and either release or transport to a health care facility an
individual experiencing a suspected or an actual overdose
shall document in the patient's care report the information
specified in subsection (c) within 24 hours of the initial
reporting of the incident.
(c) A patient care report of an overdose made under this
Section shall include:
(1) the date and time of the overdose;

(2) the location in latitude and longitude, to no more
than 4 decimal places, where the overdose victim was
initially encountered by the covered vehicle service
provider personnel;
(3) whether one or more doses of an opioid overdose
reversal drug were was administered; and
(4) whether the overdose was fatal or nonfatal when
the overdose victim was initially encountered by the
covered vehicle service provider personnel and during the
transportation of the victim to a health care facility.
(d) Upon receipt of a patient care report that documents
an overdose, a covered vehicle service provider shall report
the information listed under subsection (c) to:
(i) the Washington/Baltimore High Intensity Drug
Trafficking Area Overdose Detection Mapping Application;
or
(ii) any similar information technology platform with
secure access operated by the federal government or a unit
of state or local government, as determined by the covered
vehicle service provider.
(e) Overdose information reported by a covered vehicle
service provider under this Section shall not be used in an
opioid use-related criminal investigation or prosecution of
the individual who was treated by the covered vehicle service
provider personnel for experiencing the suspected or actual
overdose.

(f) Covered vehicle service providers or covered vehicle
service provider personnel that in good faith make a report
under this Section shall be immune from civil or criminal
liability for making the report.
(Source: P.A. 101-320, eff. 8-9-19; revised 12-3-19.)
Section 480. The Mobile Home Park Act is amended by
changing Section 9.8 as follows:
(210 ILCS 115/9.8) (from Ch. 111 1/2, par. 719.8)
Sec. 9.8. Adequate insect and rodent control measures
shall be employed. All buildings shall be fly proof and rodent
proof, and rodent harborages shall not be permitted to exist
in the park or pathways. All mobile homes shall be skirted to
exclude rodents and provide protection to the homes' homes
utilities from the weather.
(Source: P.A. 101-454, eff. 8-23-19; revised 1-25-21.)
Section 485. The Safe Pharmaceutical Disposal Act is
amended by changing Section 5 as follows:
(210 ILCS 150/5)
Sec. 5. Definitions. In this Act:
"Health care institution" means any public or private
institution or agency licensed or certified by State law to
provide health care. The term includes hospitals, nursing

homes, residential health care facilities, home health care
agencies, hospice programs operating in this State,
institutions, facilities, or agencies that provide services to
persons with mental health illnesses, and institutions,
facilities, or agencies that provide services for persons with
developmental disabilities.
"Law enforcement agency" means any federal, State, or
local law enforcement agency, including a State's Attorney and
the Attorney General.
"Nurse" means an advanced practice registered nurse,
registered nurse, or licensed practical nurse licensed under
the Nurse Practice Act.
"Public wastewater collection system" means any wastewater
collection system regulated by the Environmental Protection
Agency.
"Unused medication" means any unopened, expired, or excess
(including medication unused as a result of the death of the
patient) medication that has been dispensed for patient or
resident care and that is in a liquid or solid form. The term
includes, but is not limited to, suspensions, pills, tablets,
capsules, and caplets. For long-term care facilities licensed
under the Nursing Home Care Act, "unused medication" does not
include any Schedule II controlled substance under federal law
in any form, until such time as the federal Drug Enforcement
Administration adopts regulations that permit these facilities
to dispose of controlled substances in a manner consistent

with this Act.
(Source: P.A. 99-648, eff. 1-1-17; 100-345, eff. 8-25-17;
100-612, eff. 1-1-19; revised 7-23-19.)
Section 490. The Illinois Insurance Code is amended by
changing Sections 28.2a, 291.1, 368g, 370c, and 534.3 and by
setting forth, renumbering, and changing multiple versions of
Section 356z.33 as follows:
(215 ILCS 5/28.2a) (from Ch. 73, par. 640.2a)
(Section scheduled to be repealed on January 1, 2027)
Sec. 28.2a. Proxies.
(1) A shareholder may appoint a proxy to vote or otherwise
act for him or her by signing an appointment form and
delivering it to the person so appointed.
(2) No proxy shall be valid after the expiration of 11
months from the date thereof unless otherwise provided in the
proxy. Every proxy continues in full force and effect until
revoked by the person executing it prior to the vote pursuant
thereto, except as otherwise provided in this Section. Such
revocation may be effected by a writing delivered to the
corporation stating that the proxy is revoked or by a
subsequent proxy executed by, or by attendance at the meeting
and voting in person by, the person executing the proxy. The
dates contained on the forms of proxy presumptively determine
the order of execution, regardless of the postmark dates on

the envelopes in which they are mailed.
(3) An appointment of a proxy is revocable by the
shareholder unless the appointment form conspicuously states
that it is irrevocable and the appointment is coupled with an
interest in the shares or in the corporation generally. By way
of example and without limiting the generality of the
foregoing, a proxy is coupled with an interest when the proxy
appointed is one of the following:
(a) a pledgee;
(b) a person who has purchased or had agreed to
purchase the shares;
(c) a creditor of the corporation who has extended it
credit under terms requiring the appointment, if the
appointment states the purpose for which it was given, the
name of the creditor, and the amount of credit extended;
or
(d) an employee of the corporation whose employment
contract requires the appointment, if the appointment
states the purpose for which it was given, the name of the
employee, and the period of employment.
(4) The death or incapacity of the shareholder appointing
a proxy does not revoke the proxy's authority unless notice of
the death or incapacity is received by the officer or agent who
maintains the corporation's share transfer book before the
proxy exercises his or her authority under the appointment.
(5) An appointment made irrevocable under subsection (3)

becomes revocable when the interest in the proxy terminates
such as when the pledge is redeemed, the shares are registered
in the purchaser's name, the creditor's debt is paid, the
employment contract ends, or the voting agreement expires.
(6) A transferee for value of shares subject to an
irrevocable appointment may revoke the appointment if the
transferee was ignorant of its existence when the shares were
acquired and both the existence of the appointment and its
revocability were not noted conspicuously on the certificate
(or information statement for shares without certificates)
representing the shares.
(7) Unless the appointment of a proxy contains an express
limitation on the proxy's authority, a corporation may accept
one proxy's vote or other action as that of the shareholder
making the appointment. If the proxy appointed fails to vote
or otherwise act in accordance with the appointment, the
shareholder is entitled to such legal or equitable relief as
is appropriate in the circumstances.
(Source: P.A. 84-502; revised 8-23-19.)
(215 ILCS 5/291.1) (from Ch. 73, par. 903.1)
(Section scheduled to be repealed on January 1, 2027)
Sec. 291.1. Organization. A domestic society organized on
or after January 1, 1986 (the effective date of Public Act
84-303) this amendatory Act shall be formed as follows:
(a) Seven or more citizens of the United States, a

majority of whom are citizens of this State, who desire to
form a fraternal benefit society may make, sign and
acknowledge, before some officer competent to take
acknowledgement of deeds, articles of incorporation, in
which shall be stated:
(1) The proposed corporate name of the society,
which shall not so closely resemble the name of any
society or insurance company already authorized to
transact business in this State as to be misleading or
confusing;
(2) The place where its principal office shall be
located within this State;
(3) The purposes for which it is being formed and
the mode in which its corporate powers are to be
exercised. Such purposes shall not include more
liberal powers than are granted by this amendatory
Act; and
(4) The names and residences of the incorporators
and the names, residences and official titles of all
the officers, trustees, directors or other persons who
are to have and exercise the general control of the
management of the affairs and funds of the society for
the first year or until the ensuing election, at which
all such officers shall be elected by the supreme
governing body, which election shall be held not later
than one year from the date of issuance of the

permanent certificate of authority;
(b) Duplicate originals of the articles of
incorporation, certified copies of the society's bylaws
and rules, copies of all proposed forms of certificates,
applicants and rates therefor, and circulars to be issued
by the society and a bond conditioned upon the return to
applicants of the advanced payments if the organization is
not completed within one year shall be filed with the
Director, who may require such further information as the
Director deems necessary. The bond with sureties approved
by the Director shall be in such amount, not less than
$300,000 nor more than $1,500,000, as required by the
Director. All documents filed are to be in the English
language. If the Director finds that the purposes of the
society conform to the requirements of this amendatory Act
and all provisions of the law have been complied with, the
Director shall approve the articles of incorporation and
issue the incorporators a preliminary certificate of
authority authorizing the society to solicit members as
hereinafter provided;
(c) No preliminary certificate of authority issued
under the provisions of this Section shall be valid after
one year from its date of issue or after such further
period, not exceeding one year, as may be authorized by
the Director, upon cause shown, unless the 500 applicants
hereinafter required have been secured and the

organization has been completed as herein provided. The
articles of incorporation and all other proceedings
thereunder shall become null and void in one year from the
date of the preliminary certificate of authority or at the
expiration of the extended period, unless the society
shall have completed its organization and received a
certificate of authority to do business as hereinafter
provided;
(d) Upon receipt of a preliminary certificate of
authority from the Director, the society may solicit
members for the purpose of completing its organization,
shall collect from each applicant the amount of not less
than one regular monthly premium in accordance with its
table of rates and shall issue to each such applicant a
receipt for the amount so collected. No society shall
incur any liability other than for the return of such
advance premium nor issue any certificate nor pay, allow
or offer or promise to pay or allow any benefit to any
person until:
(1) Actual bona fide applications for benefits
have been secured on not less than 500 applicants and
any necessary evidence of insurability has been
furnished to and approved by the society;
(2) At least 10 subordinate lodges have been
established into which the 500 applicants have been
admitted;

(3) There has been submitted to the Director,
under oath of the president or secretary, or
corresponding officer of the society, a list of such
applicants, giving their names, addresses, date each
was admitted, name and number of the subordinate lodge
of which each applicant is a member, amount of
benefits to be granted and premiums therefor;
(4) It shall have been shown to the Director, by
sworn statement of the treasurer or corresponding
officer of such society, that at a least 500
applicants have each paid in cash at least one regular
monthly premium as herein provided, which premiums in
the aggregate shall amount to at least $150,000. Said
advance premiums shall be held in trust during the
period of organization, and, if the society has not
qualified for a certificate of authority within one
year unless extended by the Director, as herein
provided, such premiums shall be returned to said
applicants; and
(5) In the case of a domestic society that is
organized after January 1, 2015 (the effective date of
Public Act 98-814) this amendatory Act of the 98th
General Assembly, the society meets the following
requirements:
(i) maintains a minimum surplus of $2,000,000,
or such higher amount as the Director may deem

necessary; and
(ii) meets any other requirements as
determined by the Director.
(e) The Director may make such examination and require
such further information as the Director deems necessary.
Upon presentation of satisfactory evidence that the
society has complied with all the provisions of law, the
Director shall issue to the society a certificate of
authority to that effect and that the society is
authorized to transact business pursuant to the provisions
of this amendatory Act; and
(f) Any incorporated society authorized to transact
business in this State at the time Public Act 84-303 this
amendatory Act becomes effective (January 1, 1986) shall
not be required to reincorporate.
(Source: P.A. 98-814, eff. 1-1-15; revised 8-23-19.)
(215 ILCS 5/356z.33)
Sec. 356z.33. Coverage for epinephrine injectors. A group
or individual policy of accident and health insurance or a
managed care plan that is amended, delivered, issued, or
renewed on or after January 1, 2020 (the effective date of
Public Act 101-281) this amendatory Act of the 101st General
Assembly shall provide coverage for medically necessary
epinephrine injectors for persons 18 years of age or under. As
used in this Section, "epinephrine injector" has the meaning

given to that term in Section 5 of the Epinephrine Injector
Act.
(Source: P.A. 101-281, eff. 1-1-20; revised 10-16-19.)
(215 ILCS 5/356z.34)
Sec. 356z.34 356z.33. Coverage for cardiopulmonary
monitors. A group or individual policy of accident and health
insurance amended, delivered, issued, or renewed after January
1, 2020 (the effective date of Public Act 101-218) this
amendatory Act of the 101st General Assembly shall provide
coverage for cardiopulmonary monitors determined to be
medically necessary for a person 18 years old or younger who
has had a cardiopulmonary event.
(Source: P.A. 101-218, eff. 1-1-20; revised 10-16-19.)
(215 ILCS 5/356z.35)
Sec. 356z.35 356z.33. Long-term antibiotic therapy for
tick-borne diseases.
(a) As used in this Section:
"Long-term antibiotic therapy" means the administration of
oral, intramuscular, or intravenous antibiotics singly or in
combination for periods of time in excess of 4 weeks.
"Tick-borne disease" means a disease caused when an
infected tick bites a person and the tick's saliva transmits
an infectious agent (bacteria, viruses, or parasites) that can
cause illness, including, but not limited to, the following:

(1) a severe infection with borrelia burgdorferi;
(2) a late stage, persistent, or chronic infection or
complications related to such an infection;
(3) an infection with other strains of borrelia or a
tick-borne disease that is recognized by the United States
Centers for Disease Control and Prevention; and
(4) the presence of signs or symptoms compatible with
acute infection of borrelia or other tick-borne diseases.
(b) An individual or group policy of accident and health
insurance or managed care plan that is amended, delivered,
issued, or renewed on or after January 1, 2020 (the effective
date of Public Act 101-371) this amendatory Act of the 101st
General Assembly shall provide coverage for long-term
antibiotic therapy, including necessary office visits and
ongoing testing, for a person with a tick-borne disease when
determined to be medically necessary and ordered by a
physician licensed to practice medicine in all its branches
after making a thorough evaluation of the person's symptoms,
diagnostic test results, or response to treatment. An
experimental drug shall be covered as a long-term antibiotic
therapy if it is approved for an indication by the United
States Food and Drug Administration. A drug, including an
experimental drug, shall be covered for an off-label use in
the treatment of a tick-borne disease if the drug has been
approved by the United States Food and Drug Administration.
(Source: P.A. 101-371, eff. 1-1-20; revised 10-16-19.)

(215 ILCS 5/356z.36)
Sec. 356z.36 356z.33. Coverage of treatment models for
early treatment of serious mental illnesses.
(a) For purposes of early treatment of a serious mental
illness in a child or young adult under age 26, a group or
individual policy of accident and health insurance, or managed
care plan, that is amended, delivered, issued, or renewed
after December 31, 2020 shall provide coverage of the
following bundled, evidence-based treatment:
(1) Coordinated specialty care for first episode
psychosis treatment, covering the elements of the
treatment model included in the most recent national
research trials conducted by the National Institute of
Mental Health in the Recovery After an Initial
Schizophrenia Episode (RAISE) trials for psychosis
resulting from a serious mental illness, but excluding the
components of the treatment model related to education and
employment support.
(2) Assertive community treatment (ACT) and community
support team (CST) treatment. The elements of ACT and CST
to be covered shall include those covered under Article V
of the Illinois Public Aid Code, through 89 Ill. Adm. Code
140.453(d)(4).
(b) Adherence to the clinical models. For purposes of
ensuring adherence to the coordinated specialty care for first

episode psychosis treatment model, only providers contracted
with the Department of Human Services' Division of Mental
Health to be FIRST.IL providers to deliver coordinated
specialty care for first episode psychosis treatment shall be
permitted to provide such treatment in accordance with this
Section and such providers must adhere to the fidelity of the
treatment model. For purposes of ensuring fidelity to ACT and
CST, only providers certified to provide ACT and CST by the
Department of Human Services' Division of Mental Health and
approved to provide ACT and CST by the Department of
Healthcare and Family Services, or its designee, in accordance
with 89 Ill. Adm. Code 140, shall be permitted to provide such
services under this Section and such providers shall be
required to adhere to the fidelity of the models.
(c) Development of medical necessity criteria for
coverage. Within 6 months after January 1, 2020 (the effective
date of Public Act 101-461) this amendatory Act of the 101st
General Assembly, the Department of Insurance shall lead and
convene a workgroup that includes the Department of Human
Services' Division of Mental Health, the Department of
Healthcare and Family Services, providers of the treatment
models listed in this Section, and insurers operating in
Illinois to develop medical necessity criteria for such
treatment models for purposes of coverage under this Section.
The workgroup shall use the medical necessity criteria the
State and other states use as guidance for establishing

medical necessity for insurance coverage. The Department of
Insurance shall adopt a rule that defines medical necessity
for each of the 3 treatment models listed in this Section by no
later than June 30, 2020 based on the workgroup's
recommendations.
(d) For purposes of credentialing the mental health
professionals and other medical professionals that are part of
a coordinated specialty care for first episode psychosis
treatment team, an ACT team, or a CST team, the credentialing
of the psychiatrist or the licensed clinical leader of the
treatment team shall qualify all members of the treatment team
to be credentialed with the insurer.
(e) Payment for the services performed under the treatment
models listed in this Section shall be based on a bundled
treatment model or payment, rather than payment for each
separate service delivered by a treatment team member. By no
later than 6 months after January 1, 2020 (the effective date
of Public Act 101-461) this amendatory Act of the 101st
General Assembly, the Department of Insurance shall convene a
workgroup of Illinois insurance companies and Illinois mental
health treatment providers that deliver the bundled treatment
approaches listed in this Section to determine a coding
solution that allows for these bundled treatment models to be
coded and paid for as a bundle of services, similar to
intensive outpatient treatment where multiple services are
covered under one billing code or a bundled set of billing

codes. The coding solution shall ensure that services
delivered using coordinated specialty care for first episode
psychosis treatment, ACT, or CST are provided and billed as a
bundled service, rather than for each individual service
provided by a treatment team member, which would deconstruct
the evidence-based practice. The coding solution shall be
reached prior to coverage, which shall begin for plans
amended, delivered, issued, or renewed after December 31,
2020, to ensure coverage of the treatment team approaches as
intended by this Section.
(f) If, at any time, the Secretary of the United States
Department of Health and Human Services, or its successor
agency, adopts rules or regulations to be published in the
Federal Register or publishes a comment in the Federal
Register or issues an opinion, guidance, or other action that
would require the State, under any provision of the Patient
Protection and Affordable Care Act (P.L. 111-148), including,
but not limited to, 42 U.S.C. 18031(d)(3)(b), or any successor
provision, to defray the cost of any coverage for serious
mental illnesses or serious emotional disturbances outlined in
this Section, then the requirement that a group or individual
policy of accident and health insurance or managed care plan
cover the bundled treatment approaches listed in this Section
is inoperative other than any such coverage authorized under
Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and
the State shall not assume any obligation for the cost of the

coverage.
(g) After 5 years following full implementation of this
Section, if requested by an insurer, the Department of
Insurance shall contract with an independent third party with
expertise in analyzing health insurance premiums and costs to
perform an independent analysis of the impact coverage of the
team-based treatment models listed in this Section has had on
insurance premiums in Illinois. If premiums increased by more
than 1% annually solely due to coverage of these treatment
models, coverage of these models shall no longer be required.
(h) The Department of Insurance shall adopt any rules
necessary to implement the provisions of this Section by no
later than June 30, 2020.
(Source: P.A. 101-461, eff. 1-1-20; revised 10-16-19.)
(215 ILCS 5/356z.37)
Sec. 356z.37 356z.33. Whole body skin examination. An
individual or group policy of accident and health insurance
shall cover, without imposing a deductible, coinsurance,
copayment, or any other cost-sharing requirement upon the
insured patient, one annual office visit, using appropriate
routine evaluation and management Current Procedural
Terminology codes or any successor codes, for a whole body
skin examination for lesions suspicious for skin cancer. The
whole body skin examination shall be indicated using an
appropriate International Statistical Classification of

Diseases and Related Health Problems code or any successor
codes. The provisions of this Section do not apply to the
extent such coverage would disqualify a high-deductible health
plan from eligibility for a health savings account pursuant to
26 U.S.C. 223.
(Source: P.A. 101-500, eff. 1-1-20; revised 10-16-19.)
(215 ILCS 5/356z.38)
Sec. 356z.38 356z.33. Human breast milk coverage.
(a) Notwithstanding any other provision of this Act,
pasteurized donated human breast milk, which may include human
milk fortifiers if indicated by a prescribing licensed medical
practitioner, shall be covered under an individual or group
health insurance for persons who are otherwise eligible for
coverage under this Act if the covered person is an infant
under the age of 6 months, a licensed medical practitioner
prescribes the milk for the covered person, and all of the
following conditions are met:
(1) the milk is obtained from a human milk bank that
meets quality guidelines established by the Human Milk
Banking Association of North America or is licensed by the
Department of Public Health;
(2) the infant's mother is medically or physically
unable to produce maternal breast milk or produce maternal
breast milk in sufficient quantities to meet the infant's
needs or the maternal breast milk is contraindicated;

(3) the milk has been determined to be medically
necessary for the infant; and
(4) one or more of the following applies:
(A) the infant's birth weight is below 1,500
grams;
(B) the infant has a congenital or acquired
condition that places the infant at a high risk for
development of necrotizing enterocolitis;
(C) the infant has infant hypoglycemia;
(D) the infant has congenital heart disease;
(E) the infant has had or will have an organ
transplant;
(F) the infant has sepsis; or
(G) the infant has any other serious congenital or
acquired condition for which the use of donated human
breast milk is medically necessary and supports the
treatment and recovery of the infant.
(b) Notwithstanding any other provision of this Act,
pasteurized donated human breast milk, which may include human
milk fortifiers if indicated by a prescribing licensed medical
practitioner, shall be covered under an individual or group
health insurance for persons who are otherwise eligible for
coverage under this Act if the covered person is a child 6
months through 12 months of age, a licensed medical
practitioner prescribes the milk for the covered person, and
all of the following conditions are met:

(1) the milk is obtained from a human milk bank that
meets quality guidelines established by the Human Milk
Banking Association of North America or is licensed by the
Department of Public Health;
(2) the child's mother is medically or physically
unable to produce maternal breast milk or produce maternal
breast milk in sufficient quantities to meet the child's
needs or the maternal breast milk is contraindicated;
(3) the milk has been determined to be medically
necessary for the child; and
(4) one or more of the following applies:
(A) the child has spinal muscular atrophy;
(B) the child's birth weight was below 1,500 grams
and he or she has long-term feeding or
gastrointestinal complications related to prematurity;
(C) the child has had or will have an organ
transplant; or
(D) the child has a congenital or acquired
condition for which the use of donated human breast
milk is medically necessary and supports the treatment
and recovery of the child.
(Source: P.A. 101-511, eff. 1-1-20; revised 10-16-19.)
(215 ILCS 5/356z.39)
Sec. 356z.39 356z.33. Coverage of the psychiatric
Collaborative Care Model.

(a) As used in this Section, "psychiatric Collaborative
Care Model" means the evidence-based, integrated behavioral
health service delivery method, which includes a formal
collaborative arrangement among a primary care team consisting
of a primary care provider, a care manager, and a psychiatric
consultant, and includes, but is not limited to, the following
elements:
(1) care directed by the primary care team;
(2) structured care management;
(3) regular assessments of clinical status using
validated tools; and
(4) modification of treatment as appropriate.
(b) An individual or group policy of accident and health
insurance amended, delivered, issued, or renewed on or after
January 1, 2020 (the effective date of Public Act 101-574)
this amendatory Act of the 101st General Assembly or managed
care organization that provides mental health benefits shall
provide reimbursement for benefits that are delivered through
the psychiatric Collaborative Care Model. The following
American Medical Association 2018 current procedural
terminology codes and Healthcare Common Procedure Coding
System code shall be used to bill for benefits delivered
through the psychiatric Collaborative Care Model:
(1) 99492;
(2) 99493;
(3) 99494; and

(4) G0512.
(c) The Director of Insurance shall update the billing
codes in subsection (b) if there are any alterations or
additions to the billing codes for the psychiatric
Collaborative Care Model.
(d) An individual or group policy or managed care
organization that provides benefits under this Section may
deny reimbursement of any billing code listed in this Section
on the grounds of medical necessity if such medical necessity
determinations are in compliance with the Paul Wellstone and
Pete Domenici Mental Health Parity and Addiction Equity Act of
2008 and its implementing and related regulations and that
such determinations are made in accordance with the
utilization review requirements under Section 85 of the
Managed Care Reform and Patient Rights Act.
(Source: P.A. 101-574, eff. 1-1-20; revised 10-16-19.)
(215 ILCS 5/368g)
Sec. 368g. Time-based billing.
(a) As used in this Section, "CPT code" means the medical
billing code set contained in the most recent version of the
Current Procedural Terminology code book published by the
American Medical Association.
(b) A health care plan requiring a health care provider to
use a time-based CPT code to bill for health care services
shall not apply a time measurement standard that results in

fewer units billed than allowed by the CPT code book, except as
required by federal law for federally funded federally-funded
patients.
(Source: P.A. 101-119, eff. 7-22-19; revised 9-26-19.)
(215 ILCS 5/370c) (from Ch. 73, par. 982c)
Sec. 370c. Mental and emotional disorders.
(a)(1) On and after August 16, 2019 January 1, 2019 (the
effective date of Public Act 101-386 this amendatory Act of
the 101st General Assembly Public Act 100-1024), every insurer
that amends, delivers, issues, or renews group accident and
health policies providing coverage for hospital or medical
treatment or services for illness on an expense-incurred basis
shall provide coverage for reasonable and necessary treatment
and services for mental, emotional, nervous, or substance use
disorders or conditions consistent with the parity
requirements of Section 370c.1 of this Code.
(2) Each insured that is covered for mental, emotional,
nervous, or substance use disorders or conditions shall be
free to select the physician licensed to practice medicine in
all its branches, licensed clinical psychologist, licensed
clinical social worker, licensed clinical professional
counselor, licensed marriage and family therapist, licensed
speech-language pathologist, or other licensed or certified
professional at a program licensed pursuant to the Substance
Use Disorder Act of his choice to treat such disorders, and the

insurer shall pay the covered charges of such physician
licensed to practice medicine in all its branches, licensed
clinical psychologist, licensed clinical social worker,
licensed clinical professional counselor, licensed marriage
and family therapist, licensed speech-language pathologist, or
other licensed or certified professional at a program licensed
pursuant to the Substance Use Disorder Act up to the limits of
coverage, provided (i) the disorder or condition treated is
covered by the policy, and (ii) the physician, licensed
psychologist, licensed clinical social worker, licensed
clinical professional counselor, licensed marriage and family
therapist, licensed speech-language pathologist, or other
licensed or certified professional at a program licensed
pursuant to the Substance Use Disorder Act is authorized to
provide said services under the statutes of this State and in
accordance with accepted principles of his profession.
(3) Insofar as this Section applies solely to licensed
clinical social workers, licensed clinical professional
counselors, licensed marriage and family therapists, licensed
speech-language pathologists, and other licensed or certified
professionals at programs licensed pursuant to the Substance
Use Disorder Act, those persons who may provide services to
individuals shall do so after the licensed clinical social
worker, licensed clinical professional counselor, licensed
marriage and family therapist, licensed speech-language
pathologist, or other licensed or certified professional at a

program licensed pursuant to the Substance Use Disorder Act
has informed the patient of the desirability of the patient
conferring with the patient's primary care physician.
(4) "Mental, emotional, nervous, or substance use disorder
or condition" means a condition or disorder that involves a
mental health condition or substance use disorder that falls
under any of the diagnostic categories listed in the mental
and behavioral disorders chapter of the current edition of the
International Classification of Disease or that is listed in
the most recent version of the Diagnostic and Statistical
Manual of Mental Disorders. "Mental, emotional, nervous, or
substance use disorder or condition" includes any mental
health condition that occurs during pregnancy or during the
postpartum period and includes, but is not limited to,
postpartum depression.
(b)(1) (Blank).
(2) (Blank).
(2.5) (Blank).
(3) Unless otherwise prohibited by federal law and
consistent with the parity requirements of Section 370c.1 of
this Code, the reimbursing insurer that amends, delivers,
issues, or renews a group or individual policy of accident and
health insurance, a qualified health plan offered through the
health insurance marketplace, or a provider of treatment of
mental, emotional, nervous, or substance use disorders or
conditions shall furnish medical records or other necessary

data that substantiate that initial or continued treatment is
at all times medically necessary. An insurer shall provide a
mechanism for the timely review by a provider holding the same
license and practicing in the same specialty as the patient's
provider, who is unaffiliated with the insurer, jointly
selected by the patient (or the patient's next of kin or legal
representative if the patient is unable to act for himself or
herself), the patient's provider, and the insurer in the event
of a dispute between the insurer and patient's provider
regarding the medical necessity of a treatment proposed by a
patient's provider. If the reviewing provider determines the
treatment to be medically necessary, the insurer shall provide
reimbursement for the treatment. Future contractual or
employment actions by the insurer regarding the patient's
provider may not be based on the provider's participation in
this procedure. Nothing prevents the insured from agreeing in
writing to continue treatment at his or her expense. When
making a determination of the medical necessity for a
treatment modality for mental, emotional, nervous, or
substance use disorders or conditions, an insurer must make
the determination in a manner that is consistent with the
manner used to make that determination with respect to other
diseases or illnesses covered under the policy, including an
appeals process. Medical necessity determinations for
substance use disorders shall be made in accordance with
appropriate patient placement criteria established by the

American Society of Addiction Medicine. No additional criteria
may be used to make medical necessity determinations for
substance use disorders.
(4) A group health benefit plan amended, delivered,
issued, or renewed on or after January 1, 2019 (the effective
date of Public Act 100-1024) or an individual policy of
accident and health insurance or a qualified health plan
offered through the health insurance marketplace amended,
delivered, issued, or renewed on or after January 1, 2019 (the
effective date of Public Act 100-1024):
(A) shall provide coverage based upon medical
necessity for the treatment of a mental, emotional,
nervous, or substance use disorder or condition consistent
with the parity requirements of Section 370c.1 of this
Code; provided, however, that in each calendar year
coverage shall not be less than the following:
(i) 45 days of inpatient treatment; and
(ii) beginning on June 26, 2006 (the effective
date of Public Act 94-921), 60 visits for outpatient
treatment including group and individual outpatient
treatment; and
(iii) for plans or policies delivered, issued for
delivery, renewed, or modified after January 1, 2007
(the effective date of Public Act 94-906), 20
additional outpatient visits for speech therapy for
treatment of pervasive developmental disorders that

will be in addition to speech therapy provided
pursuant to item (ii) of this subparagraph (A); and
(B) may not include a lifetime limit on the number of
days of inpatient treatment or the number of outpatient
visits covered under the plan.
(C) (Blank).
(5) An issuer of a group health benefit plan or an
individual policy of accident and health insurance or a
qualified health plan offered through the health insurance
marketplace may not count toward the number of outpatient
visits required to be covered under this Section an outpatient
visit for the purpose of medication management and shall cover
the outpatient visits under the same terms and conditions as
it covers outpatient visits for the treatment of physical
illness.
(5.5) An individual or group health benefit plan amended,
delivered, issued, or renewed on or after September 9, 2015
(the effective date of Public Act 99-480) shall offer coverage
for medically necessary acute treatment services and medically
necessary clinical stabilization services. The treating
provider shall base all treatment recommendations and the
health benefit plan shall base all medical necessity
determinations for substance use disorders in accordance with
the most current edition of the Treatment Criteria for
Addictive, Substance-Related, and Co-Occurring Conditions
established by the American Society of Addiction Medicine. The

treating provider shall base all treatment recommendations and
the health benefit plan shall base all medical necessity
determinations for medication-assisted treatment in accordance
with the most current Treatment Criteria for Addictive,
Substance-Related, and Co-Occurring Conditions established by
the American Society of Addiction Medicine.
As used in this subsection:
"Acute treatment services" means 24-hour medically
supervised addiction treatment that provides evaluation and
withdrawal management and may include biopsychosocial
assessment, individual and group counseling, psychoeducational
groups, and discharge planning.
"Clinical stabilization services" means 24-hour treatment,
usually following acute treatment services for substance
abuse, which may include intensive education and counseling
regarding the nature of addiction and its consequences,
relapse prevention, outreach to families and significant
others, and aftercare planning for individuals beginning to
engage in recovery from addiction.
(6) An issuer of a group health benefit plan may provide or
offer coverage required under this Section through a managed
care plan.
(6.5) An individual or group health benefit plan amended,
delivered, issued, or renewed on or after January 1, 2019 (the
effective date of Public Act 100-1024):
(A) shall not impose prior authorization requirements,

other than those established under the Treatment Criteria
for Addictive, Substance-Related, and Co-Occurring
Conditions established by the American Society of
Addiction Medicine, on a prescription medication approved
by the United States Food and Drug Administration that is
prescribed or administered for the treatment of substance
use disorders;
(B) shall not impose any step therapy requirements,
other than those established under the Treatment Criteria
for Addictive, Substance-Related, and Co-Occurring
Conditions established by the American Society of
Addiction Medicine, before authorizing coverage for a
prescription medication approved by the United States Food
and Drug Administration that is prescribed or administered
for the treatment of substance use disorders;
(C) shall place all prescription medications approved
by the United States Food and Drug Administration
prescribed or administered for the treatment of substance
use disorders on, for brand medications, the lowest tier
of the drug formulary developed and maintained by the
individual or group health benefit plan that covers brand
medications and, for generic medications, the lowest tier
of the drug formulary developed and maintained by the
individual or group health benefit plan that covers
generic medications; and
(D) shall not exclude coverage for a prescription

medication approved by the United States Food and Drug
Administration for the treatment of substance use
disorders and any associated counseling or wraparound
services on the grounds that such medications and services
were court ordered.
(7) (Blank).
(8) (Blank).
(9) With respect to all mental, emotional, nervous, or
substance use disorders or conditions, coverage for inpatient
treatment shall include coverage for treatment in a
residential treatment center certified or licensed by the
Department of Public Health or the Department of Human
Services.
(c) This Section shall not be interpreted to require
coverage for speech therapy or other habilitative services for
those individuals covered under Section 356z.15 of this Code.
(d) With respect to a group or individual policy of
accident and health insurance or a qualified health plan
offered through the health insurance marketplace, the
Department and, with respect to medical assistance, the
Department of Healthcare and Family Services shall each
enforce the requirements of this Section and Sections 356z.23
and 370c.1 of this Code, the Paul Wellstone and Pete Domenici
Mental Health Parity and Addiction Equity Act of 2008, 42
U.S.C. 18031(j), and any amendments to, and federal guidance
or regulations issued under, those Acts, including, but not

limited to, final regulations issued under the Paul Wellstone
and Pete Domenici Mental Health Parity and Addiction Equity
Act of 2008 and final regulations applying the Paul Wellstone
and Pete Domenici Mental Health Parity and Addiction Equity
Act of 2008 to Medicaid managed care organizations, the
Children's Health Insurance Program, and alternative benefit
plans. Specifically, the Department and the Department of
Healthcare and Family Services shall take action:
(1) proactively ensuring compliance by individual and
group policies, including by requiring that insurers
submit comparative analyses, as set forth in paragraph (6)
of subsection (k) of Section 370c.1, demonstrating how
they design and apply nonquantitative treatment
limitations, both as written and in operation, for mental,
emotional, nervous, or substance use disorder or condition
benefits as compared to how they design and apply
nonquantitative treatment limitations, as written and in
operation, for medical and surgical benefits;
(2) evaluating all consumer or provider complaints
regarding mental, emotional, nervous, or substance use
disorder or condition coverage for possible parity
violations;
(3) performing parity compliance market conduct
examinations or, in the case of the Department of
Healthcare and Family Services, parity compliance audits
of individual and group plans and policies, including, but

not limited to, reviews of:
(A) nonquantitative treatment limitations,
including, but not limited to, prior authorization
requirements, concurrent review, retrospective review,
step therapy, network admission standards,
reimbursement rates, and geographic restrictions;
(B) denials of authorization, payment, and
coverage; and
(C) other specific criteria as may be determined
by the Department.
The findings and the conclusions of the parity compliance
market conduct examinations and audits shall be made public.
The Director may adopt rules to effectuate any provisions
of the Paul Wellstone and Pete Domenici Mental Health Parity
and Addiction Equity Act of 2008 that relate to the business of
insurance.
(e) Availability of plan information.
(1) The criteria for medical necessity determinations
made under a group health plan, an individual policy of
accident and health insurance, or a qualified health plan
offered through the health insurance marketplace with
respect to mental health or substance use disorder
benefits (or health insurance coverage offered in
connection with the plan with respect to such benefits)
must be made available by the plan administrator (or the
health insurance issuer offering such coverage) to any

current or potential participant, beneficiary, or
contracting provider upon request.
(2) The reason for any denial under a group health
benefit plan, an individual policy of accident and health
insurance, or a qualified health plan offered through the
health insurance marketplace (or health insurance coverage
offered in connection with such plan or policy) of
reimbursement or payment for services with respect to
mental, emotional, nervous, or substance use disorders or
conditions benefits in the case of any participant or
beneficiary must be made available within a reasonable
time and in a reasonable manner and in readily
understandable language by the plan administrator (or the
health insurance issuer offering such coverage) to the
participant or beneficiary upon request.
(f) As used in this Section, "group policy of accident and
health insurance" and "group health benefit plan" includes (1)
State-regulated employer-sponsored group health insurance
plans written in Illinois or which purport to provide coverage
for a resident of this State; and (2) State employee health
plans.
(g) (1) As used in this subsection:
"Benefits", with respect to insurers, means the benefits
provided for treatment services for inpatient and outpatient
treatment of substance use disorders or conditions at American
Society of Addiction Medicine levels of treatment 2.1

(Intensive Outpatient), 2.5 (Partial Hospitalization), 3.1
(Clinically Managed Low-Intensity Residential), 3.3
(Clinically Managed Population-Specific High-Intensity
Residential), 3.5 (Clinically Managed High-Intensity
Residential), and 3.7 (Medically Monitored Intensive
Inpatient) and OMT (Opioid Maintenance Therapy) services.
"Benefits", with respect to managed care organizations,
means the benefits provided for treatment services for
inpatient and outpatient treatment of substance use disorders
or conditions at American Society of Addiction Medicine levels
of treatment 2.1 (Intensive Outpatient), 2.5 (Partial
Hospitalization), 3.5 (Clinically Managed High-Intensity
Residential), and 3.7 (Medically Monitored Intensive
Inpatient) and OMT (Opioid Maintenance Therapy) services.
"Substance use disorder treatment provider or facility"
means a licensed physician, licensed psychologist, licensed
psychiatrist, licensed advanced practice registered nurse, or
licensed, certified, or otherwise State-approved facility or
provider of substance use disorder treatment.
(2) A group health insurance policy, an individual health
benefit plan, or qualified health plan that is offered through
the health insurance marketplace, small employer group health
plan, and large employer group health plan that is amended,
delivered, issued, executed, or renewed in this State, or
approved for issuance or renewal in this State, on or after
January 1, 2019 (the effective date of Public Act 100-1023)

shall comply with the requirements of this Section and Section
370c.1. The services for the treatment and the ongoing
assessment of the patient's progress in treatment shall follow
the requirements of 77 Ill. Adm. Code 2060.
(3) Prior authorization shall not be utilized for the
benefits under this subsection. The substance use disorder
treatment provider or facility shall notify the insurer of the
initiation of treatment. For an insurer that is not a managed
care organization, the substance use disorder treatment
provider or facility notification shall occur for the
initiation of treatment of the covered person within 2
business days. For managed care organizations, the substance
use disorder treatment provider or facility notification shall
occur in accordance with the protocol set forth in the
provider agreement for initiation of treatment within 24
hours. If the managed care organization is not capable of
accepting the notification in accordance with the contractual
protocol during the 24-hour period following admission, the
substance use disorder treatment provider or facility shall
have one additional business day to provide the notification
to the appropriate managed care organization. Treatment plans
shall be developed in accordance with the requirements and
timeframes established in 77 Ill. Adm. Code 2060. If the
substance use disorder treatment provider or facility fails to
notify the insurer of the initiation of treatment in
accordance with these provisions, the insurer may follow its

normal prior authorization processes.
(4) For an insurer that is not a managed care
organization, if an insurer determines that benefits are no
longer medically necessary, the insurer shall notify the
covered person, the covered person's authorized
representative, if any, and the covered person's health care
provider in writing of the covered person's right to request
an external review pursuant to the Health Carrier External
Review Act. The notification shall occur within 24 hours
following the adverse determination.
Pursuant to the requirements of the Health Carrier
External Review Act, the covered person or the covered
person's authorized representative may request an expedited
external review. An expedited external review may not occur if
the substance use disorder treatment provider or facility
determines that continued treatment is no longer medically
necessary. Under this subsection, a request for expedited
external review must be initiated within 24 hours following
the adverse determination notification by the insurer. Failure
to request an expedited external review within 24 hours shall
preclude a covered person or a covered person's authorized
representative from requesting an expedited external review.
If an expedited external review request meets the criteria
of the Health Carrier External Review Act, an independent
review organization shall make a final determination of
medical necessity within 72 hours. If an independent review

organization upholds an adverse determination, an insurer
shall remain responsible to provide coverage of benefits
through the day following the determination of the independent
review organization. A decision to reverse an adverse
determination shall comply with the Health Carrier External
Review Act.
(5) The substance use disorder treatment provider or
facility shall provide the insurer with 7 business days'
advance notice of the planned discharge of the patient from
the substance use disorder treatment provider or facility and
notice on the day that the patient is discharged from the
substance use disorder treatment provider or facility.
(6) The benefits required by this subsection shall be
provided to all covered persons with a diagnosis of substance
use disorder or conditions. The presence of additional related
or unrelated diagnoses shall not be a basis to reduce or deny
the benefits required by this subsection.
(7) Nothing in this subsection shall be construed to
require an insurer to provide coverage for any of the benefits
in this subsection.
(Source: P.A. 100-305, eff. 8-24-17; 100-1023, eff. 1-1-19;
100-1024, eff. 1-1-19; 101-81, eff. 7-12-19; 101-386, eff.
8-16-19; revised 9-20-19.)
(215 ILCS 5/534.3) (from Ch. 73, par. 1065.84-3)
Sec. 534.3. Covered claim; unearned premium defined.

(a) "Covered claim" means an unpaid claim for a loss
arising out of and within the coverage of an insurance policy
to which this Article applies and which is in force at the time
of the occurrence giving rise to the unpaid claim, including
claims presented during any extended discovery period which
was purchased from the company before the entry of a
liquidation order or which is purchased or obtained from the
liquidator after the entry of a liquidation order, made by a
person insured under such policy or by a person suffering
injury or damage for which a person insured under such policy
is legally liable, and for unearned premium, if:
(i) The company issuing, assuming, or being allocated
the policy becomes an insolvent company as defined in
Section 534.4 after the effective date of this Article;
and
(ii) The claimant or insured is a resident of this
State at the time of the insured occurrence, or the
property from which a first party claim for damage to
property arises is permanently located in this State or,
in the case of an unearned premium claim, the policyholder
is a resident of this State at the time the policy was
issued; provided, that for entities other than an
individual, the residence of a claimant, insured, or
policyholder is the state in which its principal place of
business is located at the time of the insured event.
(b) "Covered claim" does not include:

(i) any amount in excess of the applicable limits of
liability provided by an insurance policy to which this
Article applies; nor
(ii) any claim for punitive or exemplary damages or
fines and penalties paid to government authorities; nor
(iii) any first party claim by an insured who is an
affiliate of the insolvent company; nor
(iv) any first party or third party claim by or
against an insured whose net worth on December 31 of the
year next preceding the date the insurer becomes an
insolvent insurer exceeds $25,000,000; provided that an
insured's net worth on such date shall be deemed to
include the aggregate net worth of the insured and all of
its affiliates as calculated on a consolidated basis.
However, this exclusion shall not apply to third party
claims against the insured where the insured has applied
for or consented to the appointment of a receiver,
trustee, or liquidator for all or a substantial part of
its assets, filed a voluntary petition in bankruptcy,
filed a petition or an answer seeking a reorganization or
arrangement with creditors or to take advantage of any
insolvency law, or if an order, judgment, or decree is
entered by a court of competent jurisdiction, on the
application of a creditor, adjudicating the insured
bankrupt or insolvent or approving a petition seeking
reorganization of the insured or of all or substantial

part of its assets; nor
(v) any claim for any amount due any reinsurer,
insurer, insurance pool, or underwriting association as
subrogated recoveries, reinsurance recoverables,
contribution, indemnification or otherwise. No such claim
held by a reinsurer, insurer, insurance pool, or
underwriting association may be asserted in any legal
action against a person insured under a policy issued by
an insolvent company other than to the extent such claim
exceeds the Fund obligation limitations set forth in
Section 537.2 of this Code.
(c) "Unearned Premium" means the premium for the unexpired
period of a policy which has been terminated prior to the
expiration of the period for which premium has been paid and
does not mean premium which is returnable to the insured for
any other reason.
(Source: P.A. 100-1190, eff. 4-5-19; 101-60, eff. 7-12-19;
revised 9-20-19.)
Section 495. The Dental Service Plan Act is amended by
changing Section 47 as follows:
(215 ILCS 110/47) (from Ch. 32, par. 690.47)
Sec. 47. Continuance privilege; group privilege - Group
type contracts contacts.
(1) Every service plan contract of a dental service plan

corporation which provides that the continued coverage of a
beneficiary is contingent upon the continued employment of the
subscriber with a particular employer shall further provide
for the continuance of such contract in accordance with the
requirements set forth in Section 367.2 of the "Illinois
Insurance Code", approved June 29, 1937, as amended.
(2) The requirements of this Section shall apply to all
such contracts delivered, issued for delivery, renewed, or
amended on or after December 1, 1985 (the effective date of
Public Act 84-556) this amendatory Act of 1985.
(Source: P.A. 84-556; revised 8-23-19.)
Section 500. The Health Maintenance Organization Act is
amended by changing Section 5-5 as follows:
(215 ILCS 125/5-5) (from Ch. 111 1/2, par. 1413)
Sec. 5-5. Suspension, revocation, or denial of
certification of authority. The Director may suspend or revoke
any certificate of authority issued to a health maintenance
organization under this Act or deny an application for a
certificate of authority if he finds any of the following:
(a) The health maintenance organization is operating
significantly in contravention of its basic organizational
document, its health care plan, or in a manner contrary to
that described in any information submitted under Section
2-1 or 4-12.

(b) The health maintenance organization issues
contracts or evidences of coverage or uses a schedule of
charges for health care services that do not comply with
the requirement of Section 2-1 or 4-12.
(c) The health care plan does not provide or arrange
for basic health care services, except as provided in
Section 4-13 concerning mental health services for clients
of the Department of Children and Family Services.
(d) The Director of Public Health certifies to the
Director that (1) the health maintenance organization does
not meet the requirements of Section 2-2 or (2) the health
maintenance organization is unable to fulfill its
obligations to furnish health care services as required
under its health care plan. The Department of Public
Health shall promulgate by rule, pursuant to the Illinois
Administrative Procedure Act, the precise standards used
for determining what constitutes a material
misrepresentation, what constitutes a material violation
of a contract or evidence of coverage, or what constitutes
good faith with regard to certification under this
paragraph.
(e) The health maintenance organization is no longer
financially responsible and may reasonably be expected to
be unable to meet its obligations to enrollees or
prospective enrollees.
(f) The health maintenance organization, or any person

on its behalf, has advertised or merchandised its services
in an untrue, misrepresentative, misleading, deceptive, or
unfair manner.
(g) The continued operation of the health maintenance
organization would be hazardous to its enrollees.
(h) The health maintenance organization has neglected
to correct, within the time prescribed by subsection (c)
of Section 2-4, any deficiency occurring due to the
organization's prescribed minimum net worth or special
contingent reserve being impaired.
(i) The health maintenance organization has otherwise
failed to substantially comply with this Act.
(j) The health maintenance organization has failed to
meet the requirements for issuance of a certificate of
authority set forth in Section 2-2.
When the certificate of authority of a health
maintenance organization is revoked, the organization
shall proceed, immediately following the effective date of
the order of revocation, to wind up its affairs and shall
conduct no further business except as may be essential to
the orderly conclusion of the affairs of the organization.
The Director may permit further operation of the
organization that he finds to be in the best interest of
enrollees to the end that the enrollees will be afforded
the greatest practical opportunity to obtain health care
services.

(k) The health maintenance organization has failed to
pay any assessment due under Article V-H of the Illinois
Public Aid Code for 60 days following the due date of the
payment (as extended by any grace period granted).
(Source: P.A. 101-9, eff. 6-5-19; revised 8-23-19.)
Section 505. The Use of Credit Information in Personal
Insurance Act is amended by changing Section 10 as follows:
(215 ILCS 157/10)
Sec. 10. Scope. This Act applies to personal insurance and
not to commercial insurance. For purposes of this Act,
"personal insurance" means private passenger automobile,
homeowners, motorcycle, mobile-homeowners and non-commercial
dwelling fire insurance policies, and boat, personal
watercraft, snowmobile, and recreational vehicle policies
polices. Such policies must be individually underwritten for
personal, family, or household use. No other type of insurance
shall be included as personal insurance for the purpose of
this Act.
(Source: P.A. 93-114, eff. 10-1-03; revised 8-23-19.)
Section 510. The Voluntary Health Services Plans Act is
amended by changing Section 15.6-1 as follows:
(215 ILCS 165/15.6-1) (from Ch. 32, par. 609.6-1)

Sec. 15.6-1. Continuance privilege; group privilege -
Group type contracts contacts.
(1) Every service plan contract of a health service plan
corporation which provides that the continued coverage of a
beneficiary is contingent upon the continued employment of the
subscriber with a particular employer shall further provide
for the continuance of such contract in accordance with the
requirements set forth in Section 367.2 of the "Illinois
Insurance Code", approved June 29, 1937, as amended.
(2) The requirements of this Section shall apply to all
such contracts delivered, issued for delivery, renewed or
amended on or after December 1, 1985 (the effective date of
Public Act 84-556) this amendatory Act of 1985.
(Source: P.A. 84-556; revised 8-23-19.)
Section 515. The Organ Transplant Medication Notification
Act is amended by changing Section 10 as follows:
(215 ILCS 175/10)
Sec. 10. Definitions. For the purpose of this Act:
"Health insurance policy or health care service plan"
means any policy of health or accident insurance subject to
the provisions of the Illinois Insurance Code, Health
Maintenance Organization Act, Voluntary Health Services Plans
Plan Act, Counties Code, Illinois Municipal Code, School Code,
and State Employees Group Insurance Act of 1971.

"Immunosuppressant drugs" mean drugs that are used in
immunosuppressive therapy to inhibit or prevent the activity
of the immune system. "Immunosuppressant drugs" are used
clinically to prevent the rejection of transplanted organs and
tissues. "Immunosuppressant drugs" do not include drugs for
the treatment of autoimmune diseases or diseases that are most
likely of autoimmune origin.
(Source: P.A. 96-766, eff. 1-1-10; revised 8-23-19.)
Section 520. The Public Utilities Act is amended by
changing Sections 5-117, 13-507.1, and 16-130 as follows:
(220 ILCS 5/5-117)
Sec. 5-117. Supplier diversity goals.
(a) The public policy of this State is to collaboratively
work with companies that serve Illinois residents to improve
their supplier diversity in a non-antagonistic manner.
(b) The Commission shall require all gas, electric, and
water companies with at least 100,000 customers under its
authority, as well as suppliers of wind energy, solar energy,
hydroelectricity, nuclear energy, and any other supplier of
energy within this State, to submit an annual report by April
15, 2015 and every April 15 thereafter, in a searchable Adobe
PDF format, on all procurement goals and actual spending for
female-owned, minority-owned, veteran-owned, and small
business enterprises in the previous calendar year. These

goals shall be expressed as a percentage of the total work
performed by the entity submitting the report, and the actual
spending for all female-owned, minority-owned, veteran-owned,
and small business enterprises shall also be expressed as a
percentage of the total work performed by the entity
submitting the report.
(c) Each participating company in its annual report shall
include the following information:
(1) an explanation of the plan for the next year to
increase participation;
(2) an explanation of the plan to increase the goals;
(3) the areas of procurement each company shall be
actively seeking more participation in in the next year;
(4) an outline of the plan to alert and encourage
potential vendors in that area to seek business from the
company;
(5) an explanation of the challenges faced in finding
quality vendors and offer any suggestions for what the
Commission could do to be helpful to identify those
vendors;
(6) a list of the certifications the company
recognizes;
(7) the point of contact for any potential vendor who
wishes to do business with the company and explain the
process for a vendor to enroll with the company as a
minority-owned, women-owned, or veteran-owned company; and

(8) any particular success stories to encourage other
companies to emulate best practices.
(d) Each annual report shall include as much
State-specific data as possible. If the submitting entity does
not submit State-specific data, then the company shall include
any national data it does have and explain why it could not
submit State-specific data and how it intends to do so in
future reports, if possible.
(e) Each annual report shall include the rules,
regulations, and definitions used for the procurement goals in
the company's annual report.
(f) The Commission and all participating entities shall
hold an annual workshop open to the public in 2015 and every
year thereafter on the state of supplier diversity to
collaboratively seek solutions to structural impediments to
achieving stated goals, including testimony from each
participating entity as well as subject matter experts and
advocates. The Commission shall publish a database on its
website of the point of contact for each participating entity
for supplier diversity, along with a list of certifications
each company recognizes from the information submitted in each
annual report. The Commission shall publish each annual report
on its website and shall maintain each annual report for at
least 5 years.
(Source: P.A. 98-1056, eff. 8-26-14; 99-906, eff. 6-1-17;
revised 7-22-19.)

(220 ILCS 5/13-507.1)
(Section scheduled to be repealed on December 31, 2021)
Sec. 13-507.1. In any proceeding permitting, approving,
investigating, or establishing rates, charges,
classifications, or tariffs for telecommunications services
classified as noncompetitive offered or provided by an
incumbent local exchange carrier as that term is defined in
Section 13-202.5 13-202.1 of this Act, the Commission shall
not allow any subsidy of Internet services, cable services, or
video services by the rates or charges for local exchange
telecommunications services, including local services
classified as noncompetitive.
(Source: P.A. 100-20, eff. 7-1-17; revised 7-6-20.)
(220 ILCS 5/16-130)
Sec. 16-130. Annual reports Reports.
(a) The General Assembly finds that it is necessary to
have reliable and accurate information regarding the
transition to a competitive electric industry. In addition to
the annual report requirements pursuant to Section 5-109 of
this Act, each electric utility shall file with the Commission
a report on the following topics in accordance with the
schedule set forth in subsection (b) of this Section:
(1) Data on each customer class of the electric
utility in which delivery services have been elected,

including:
(A) number of retail customers in each class that
have elected delivery service;
(B) kilowatt hours consumed by the customers
described in subparagraph (A);
(C) revenue loss experienced by the utility as a
result of customers electing delivery services or
market-based prices as compared to continued service
under otherwise applicable tariffed rates;
(D) total amount of funds collected from each
customer class pursuant to the transition charges
authorized in Section 16-108;
(E) such Such other information as the Commission
may by rule require.
(2) A description of any steps taken by the electric
utility to mitigate and reduce its costs, including both a
detailed description of steps taken during the preceding
calendar year and a summary of steps taken since December
16, 1997 (the effective date of Public Act 90-561) this
amendatory Act of 1997, and including, to the extent
practicable, quantification of the costs mitigated or
reduced by specific actions taken by the electric utility.
(3) A description of actions taken under Sections
5-104, 7-204, 9-220, and 16-111 of this Act. This
information shall include, but not be limited to:
(A) a description of the actions taken;

(B) the effective date of the action;
(C) the annual savings or additional charges
realized by customers from actions taken, by customer
class and total for each year;
(D) the accumulated impact on customers by
customer class and total; and
(E) a summary of the method used to quantify the
impact on customers.
(4) A summary of the electric utility's use of
transitional funding instruments, including a description
of the electric utility's use of the proceeds of any
transitional funding instruments it has issued in
accordance with Article XVIII of this Act.
(5) Kilowatt-hours consumed in the twelve months
ending December 31, 1996 (which kilowatt-hours are hereby
referred to as "base year sales") by customer class
multiplied by the revenue per kilowatt hour, adjusted to
remove charges added to customers' bills pursuant to
Sections 9-221 and 9-222 of this Act, during the twelve
months ending December 31, 1996, adjusted for the
reductions required by subsection (b) of Section 16-111
and the mitigation factors contained in Section 16-102.
This amount shall be stated for: (i) each calendar year
preceding the year in which a report is required to be
submitted pursuant to subsection (b); and (ii) as a
cumulative total of all calendar years beginning with 1998

and ending with the calendar year preceding the year in
which a report is required to be submitted pursuant to
subsection (b).
(6) Calculations identical to those required by
subparagraph (5) except that base year sales shall be
adjusted for growth in the electric utility's service
territory, in addition to the other adjustments specified
by the first sentence of subparagraph (5).
(7) The electric utility's total revenue and net
income for each calendar year beginning with 1997 through
the calendar year preceding the year in which a report is
required to be submitted pursuant to subsection (b) as
reported in the electric utility's Form 1 report to the
Federal Energy Regulatory Commission.
(8) Any consideration in excess of the net book cost
as of December 16, 1997 (the effective date of Public Act
90-561) this amendatory Act of 1997 received by the
electric utility during the year from a sale made
subsequent to December 16, 1997 (the effective date of
Public Act 90-561) this amendatory Act of 1997 to a
non-affiliated third party of any generating plant that
was owned by the electric utility on December 16, 1997
(the effective date of Public Act 90-561) this amendatory
Act of 1997.
(9) Any consideration received by the electric utility
from sales or transfers during the year to an affiliated

interest of generating plant, or other plant that
represents an investment of $25,000,000 or more in terms
of total depreciated original cost, which generating or
other plant were owned by the electric utility prior to
December 16, 1997 (the effective date of Public Act
90-561) this amendatory Act of 1997.
(10) Any consideration received by an affiliated
interest of an electric utility from sales or transfers
during the year to a non-affiliated third party of
generating plant, but only if: (i) the electric utility
had previously sold or transferred such plant to the
affiliated interest subsequent to December 16, 1997 (the
effective date of Public Act 90-561) this amendatory Act
of 1997; (ii) the affiliated interest sells or transfers
such plant to a non-affiliated third party prior to
December 31, 2006; and (iii) the affiliated interest
receives consideration for the sale or transfer of such
plant to the non-affiliated third party in an amount
greater than the cost or price at which such plant was sold
or transferred to the affiliated interest by the electric
utility.
(11) A summary account of those expenditures made for
projects, programs, and improvements relating to
transmission and distribution including, without
limitation, infrastructure expansion, repair and
replacement, capital investments, operations and

maintenance, and vegetation management, pursuant to a
written commitment made under subsection (k) of Section
16-111.
(b) The information required by subsection (a) shall be
filed by each electric utility on or before March 1 of each
year 1999 through 2007 or through such additional years as the
electric utility is collecting transition charges pursuant to
subsection (f) of Section 16-108, for the previous calendar
year. The information required by subparagraph (6) of
subsection (a) for calendar year 1997 shall be submitted by
the electric utility on or before March 1, 1999.
(c) On or before May 15 of each year 1999 through 2006 or
through such additional years as the electric utility is
collecting transition charges pursuant to subsection (f) of
Section 16-108, the Commission shall submit a report to the
General Assembly which summarizes the information provided by
each electric utility under this Section; provided, however,
that proprietary or confidential information shall not be
publicly disclosed.
(Source: P.A. 90-561, eff. 12-16-97; 91-50, eff. 6-30-99;
revised 7-22-19.)
Section 525. The Illinois Dental Practice Act is amended
by changing Sections 4 and 17 as follows:
(225 ILCS 25/4) (from Ch. 111, par. 2304)

(Section scheduled to be repealed on January 1, 2026)
Sec. 4. Definitions. As used in this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address and
those changes must be made either through the Department's
website or by contacting the Department.
"Department" means the Department of Financial and
Professional Regulation.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Board" means the Board of Dentistry.
"Dentist" means a person who has received a general
license pursuant to paragraph (a) of Section 11 of this Act and
who may perform any intraoral and extraoral procedure required
in the practice of dentistry and to whom is reserved the
responsibilities specified in Section 17.
"Dental hygienist" means a person who holds a license
under this Act to perform dental services as authorized by
Section 18.
"Dental assistant" means an appropriately trained person
who, under the supervision of a dentist, provides dental
services as authorized by Section 17.
"Expanded function dental assistant" means a dental

assistant who has completed the training required by Section
17.1 of this Act.
"Dental laboratory" means a person, firm or corporation
which:
(i) engages in making, providing, repairing or
altering dental prosthetic appliances and other artificial
materials and devices which are returned to a dentist for
insertion into the human oral cavity or which come in
contact with its adjacent structures and tissues; and
(ii) utilizes or employs a dental technician to
provide such services; and
(iii) performs such functions only for a dentist or
dentists.
"Supervision" means supervision of a dental hygienist or a
dental assistant requiring that a dentist authorize the
procedure, remain in the dental facility while the procedure
is performed, and approve the work performed by the dental
hygienist or dental assistant before dismissal of the patient,
but does not mean that the dentist must be present at all times
in the treatment room.
"General supervision" means supervision of a dental
hygienist requiring that the patient be a patient of record,
that the dentist examine the patient in accordance with
Section 18 prior to treatment by the dental hygienist, and
that the dentist authorize the procedures which are being
carried out by a notation in the patient's record, but not

requiring that a dentist be present when the authorized
procedures are being performed. The issuance of a prescription
to a dental laboratory by a dentist does not constitute
general supervision.
"Public member" means a person who is not a health
professional. For purposes of board membership, any person
with a significant financial interest in a health service or
profession is not a public member.
"Dentistry" means the healing art which is concerned with
the examination, diagnosis, treatment planning and care of
conditions within the human oral cavity and its adjacent
tissues and structures, as further specified in Section 17.
"Branches of dentistry" means the various specialties of
dentistry which, for purposes of this Act, shall be limited to
the following: endodontics, oral and maxillofacial surgery,
orthodontics and dentofacial orthopedics, pediatric dentistry,
periodontics, prosthodontics, and oral and maxillofacial
radiology.
"Specialist" means a dentist who has received a specialty
license pursuant to Section 11(b).
"Dental technician" means a person who owns, operates or
is employed by a dental laboratory and engages in making,
providing, repairing or altering dental prosthetic appliances
and other artificial materials and devices which are returned
to a dentist for insertion into the human oral cavity or which
come in contact with its adjacent structures and tissues.

"Impaired dentist" or "impaired dental hygienist" means a
dentist or dental hygienist who is unable to practice with
reasonable skill and safety because of a physical or mental
disability as evidenced by a written determination or written
consent based on clinical evidence, including deterioration
through the aging process, loss of motor skills, abuse of
drugs or alcohol, or a psychiatric disorder, of sufficient
degree to diminish the person's ability to deliver competent
patient care.
"Nurse" means a registered professional nurse, a certified
registered nurse anesthetist licensed as an advanced practice
registered nurse, or a licensed practical nurse licensed under
the Nurse Practice Act.
"Patient of record" means a patient for whom the patient's
most recent dentist has obtained a relevant medical and dental
history and on whom the dentist has performed an examination
and evaluated the condition to be treated.
"Dental responder" means a dentist or dental hygienist who
is appropriately certified in disaster preparedness,
immunizations, and dental humanitarian medical response
consistent with the Society of Disaster Medicine and Public
Health and training certified by the National Incident
Management System or the National Disaster Life Support
Foundation.
"Mobile dental van or portable dental unit" means any
self-contained or portable dental unit in which dentistry is

practiced that can be moved, towed, or transported from one
location to another in order to establish a location where
dental services can be provided.
"Public health dental hygienist" means a hygienist who
holds a valid license to practice in the State, has 2 years of
full-time clinical experience or an equivalent of 4,000 hours
of clinical experience and has completed at least 42 clock
hours of additional structured courses in dental education in
advanced areas specific to public health dentistry.
"Public health setting" means a federally qualified health
center; a federal, State, or local public health facility;
Head Start; a special supplemental nutrition program for
Women, Infants, and Children (WIC) facility; or a certified
school-based health center or school-based oral health
program.
"Public health supervision" means the supervision of a
public health dental hygienist by a licensed dentist who has a
written public health supervision agreement with that public
health dental hygienist while working in an approved facility
or program that allows the public health dental hygienist to
treat patients, without a dentist first examining the patient
and being present in the facility during treatment, (1) who
are eligible for Medicaid or (2) who are uninsured and whose
household income is not greater than 200% of the federal
poverty level.
"Teledentistry" means the use of telehealth systems and

methodologies in dentistry and includes patient care and
education delivery using synchronous and asynchronous
communications under a dentist's authority as provided under
this Act.
(Source: P.A. 100-215, eff. 1-1-18; 100-513, eff. 1-1-18;
100-863, eff. 8-14-18; 101-64, eff. 7-12-19; 101-162, eff.
7-26-19; revised 9-27-19.)
(225 ILCS 25/17) (from Ch. 111, par. 2317)
(Section scheduled to be repealed on January 1, 2026)
Sec. 17. Acts constituting the practice of dentistry. A
person practices dentistry, within the meaning of this Act:
(1) Who represents himself or herself as being able to
diagnose or diagnoses, treats, prescribes, or operates for
any disease, pain, deformity, deficiency, injury, or
physical condition of the human tooth, teeth, alveolar
process, gums or jaw; or
(2) Who is a manager, proprietor, operator or
conductor of a business where dental operations are
performed; or
(3) Who performs dental operations of any kind; or
(4) Who uses an X-Ray machine or X-Ray films for
dental diagnostic purposes; or
(5) Who extracts a human tooth or teeth, or corrects
or attempts to correct malpositions of the human teeth or
jaws; or

(6) Who offers or undertakes, by any means or method,
to diagnose, treat or remove stains, calculus, and bonding
materials from human teeth or jaws; or
(7) Who uses or administers local or general
anesthetics in the treatment of dental or oral diseases or
in any preparation incident to a dental operation of any
kind or character; or
(8) Who takes material or digital scans for final
impressions of the human tooth, teeth, or jaws or performs
any phase of any operation incident to the replacement of
a part of a tooth, a tooth, teeth or associated tissues by
means of a filling, crown, a bridge, a denture or other
appliance; or
(9) Who offers to furnish, supply, construct,
reproduce or repair, or who furnishes, supplies,
constructs, reproduces or repairs, prosthetic dentures,
bridges or other substitutes for natural teeth, to the
user or prospective user thereof; or
(10) Who instructs students on clinical matters or
performs any clinical operation included in the curricula
of recognized dental schools and colleges; or
(11) Who takes material or digital scans for final
impressions of human teeth or places his or her hands in
the mouth of any person for the purpose of applying teeth
whitening materials, or who takes impressions of human
teeth or places his or her hands in the mouth of any person

for the purpose of assisting in the application of teeth
whitening materials. A person does not practice dentistry
when he or she discloses to the consumer that he or she is
not licensed as a dentist under this Act and (i) discusses
the use of teeth whitening materials with a consumer
purchasing these materials; (ii) provides instruction on
the use of teeth whitening materials with a consumer
purchasing these materials; or (iii) provides appropriate
equipment on-site to the consumer for the consumer to
self-apply teeth whitening materials.
The fact that any person engages in or performs, or offers
to engage in or perform, any of the practices, acts, or
operations set forth in this Section, shall be prima facie
evidence that such person is engaged in the practice of
dentistry.
The following practices, acts, and operations, however,
are exempt from the operation of this Act:
(a) The rendering of dental relief in emergency cases
in the practice of his or her profession by a physician or
surgeon, licensed as such under the laws of this State,
unless he or she undertakes to reproduce or reproduces
lost parts of the human teeth in the mouth or to restore or
replace lost or missing teeth in the mouth; or
(b) The practice of dentistry in the discharge of
their official duties by dentists in any branch of the
Armed Services of the United States, the United States

Public Health Service, or the United States Veterans
Administration; or
(c) The practice of dentistry by students in their
course of study in dental schools or colleges approved by
the Department, when acting under the direction and
supervision of dentists acting as instructors; or
(d) The practice of dentistry by clinical instructors
in the course of their teaching duties in dental schools
or colleges approved by the Department:
(i) when acting under the direction and
supervision of dentists, provided that such clinical
instructors have instructed continuously in this State
since January 1, 1986; or
(ii) when holding the rank of full professor at
such approved dental school or college and possessing
a current valid license or authorization to practice
dentistry in another country; or
(e) The practice of dentistry by licensed dentists of
other states or countries at meetings of the Illinois
State Dental Society or component parts thereof, alumni
meetings of dental colleges, or any other like dental
organizations, while appearing as clinicians; or
(f) The use of X-Ray machines for exposing X-Ray films
of dental or oral tissues by dental hygienists or dental
assistants; or
(g) The performance of any dental service by a dental

assistant, if such service is performed under the
supervision and full responsibility of a dentist. In
addition, after being authorized by a dentist, a dental
assistant may, for the purpose of eliminating pain or
discomfort, remove loose, broken, or irritating
orthodontic appliances on a patient of record.
For purposes of this paragraph (g), "dental service"
is defined to mean any intraoral procedure or act which
shall be prescribed by rule or regulation of the
Department. Dental service, however, shall not include:
(1) Any and all diagnosis of or prescription for
treatment of disease, pain, deformity, deficiency,
injury or physical condition of the human teeth or
jaws, or adjacent structures.
(2) Removal of, or restoration of, or addition to
the hard or soft tissues of the oral cavity, except for
the placing, carving, and finishing of amalgam
restorations and placing, packing, and finishing
composite restorations by dental assistants who have
had additional formal education and certification.
A dental assistant may place, carve, and finish
amalgam restorations, place, pack, and finish
composite restorations, and place interim restorations
if he or she (A) has successfully completed a
structured training program as described in item (2)
of subsection (g) provided by an educational

institution accredited by the Commission on Dental
Accreditation, such as a dental school or dental
hygiene or dental assistant program, or (B) has at
least 4,000 hours of direct clinical patient care
experience and has successfully completed a structured
training program as described in item (2) of
subsection (g) provided by a statewide dental
association, approved by the Department to provide
continuing education, that has developed and conducted
training programs for expanded functions for dental
assistants or hygienists. The training program must:
(i) include a minimum of 16 hours of didactic study and
14 hours of clinical manikin instruction; all training
programs shall include areas of study in nomenclature,
caries classifications, oral anatomy, periodontium,
basic occlusion, instrumentations, pulp protection
liners and bases, dental materials, matrix and wedge
techniques, amalgam placement and carving, rubber dam
clamp placement, and rubber dam placement and removal;
(ii) include an outcome assessment examination that
demonstrates competency; (iii) require the supervising
dentist to observe and approve the completion of 8
amalgam or composite restorations; and (iv) issue a
certificate of completion of the training program,
which must be kept on file at the dental office and be
made available to the Department upon request. A

dental assistant must have successfully completed an
approved coronal polishing and dental sealant course
prior to taking the amalgam and composite restoration
course.
A dentist utilizing dental assistants shall not
supervise more than 4 dental assistants at any one
time for placing, carving, and finishing of amalgam
restorations or for placing, packing, and finishing
composite restorations.
(3) Any and all correction of malformation of
teeth or of the jaws.
(4) Administration of anesthetics, except for
monitoring of nitrous oxide, conscious sedation, deep
sedation, and general anesthetic as provided in
Section 8.1 of this Act, that may be performed only
after successful completion of a training program
approved by the Department. A dentist utilizing dental
assistants shall not supervise more than 4 dental
assistants at any one time for the monitoring of
nitrous oxide.
(5) Removal of calculus from human teeth.
(6) Taking of material or digital scans for final
impressions for the fabrication of prosthetic
appliances, crowns, bridges, inlays, onlays, or other
restorative or replacement dentistry.
(7) The operative procedure of dental hygiene

consisting of oral prophylactic procedures, except for
coronal polishing and pit and fissure sealants, which
may be performed by a dental assistant who has
successfully completed a training program approved by
the Department. Dental assistants may perform coronal
polishing under the following circumstances: (i) the
coronal polishing shall be limited to polishing the
clinical crown of the tooth and existing restorations,
supragingivally; (ii) the dental assistant performing
the coronal polishing shall be limited to the use of
rotary instruments using a rubber cup or brush
polishing method (air polishing is not permitted); and
(iii) the supervising dentist shall not supervise more
than 4 dental assistants at any one time for the task
of coronal polishing or pit and fissure sealants.
In addition to coronal polishing and pit and
fissure sealants as described in this item (7), a
dental assistant who has at least 2,000 hours of
direct clinical patient care experience and who has
successfully completed a structured training program
provided by (1) an educational institution such as a
dental school or dental hygiene or dental assistant
program, or (2) by a statewide dental or dental
hygienist association, approved by the Department on
or before January 1, 2017 (the effective date of
Public Act 99-680) this amendatory Act of the 99th

General Assembly, that has developed and conducted a
training program for expanded functions for dental
assistants or hygienists may perform: (A) coronal
scaling above the gum line, supragingivally, on the
clinical crown of the tooth only on patients 12 years
of age or younger who have an absence of periodontal
disease and who are not medically compromised or
individuals with special needs and (B) intracoronal
temporization of a tooth. The training program must:
(I) include a minimum of 16 hours of instruction in
both didactic and clinical manikin or human subject
instruction; all training programs shall include areas
of study in dental anatomy, public health dentistry,
medical history, dental emergencies, and managing the
pediatric patient; (II) include an outcome assessment
examination that demonstrates competency; (III)
require the supervising dentist to observe and approve
the completion of 6 full mouth supragingival scaling
procedures; and (IV) issue a certificate of completion
of the training program, which must be kept on file at
the dental office and be made available to the
Department upon request. A dental assistant must have
successfully completed an approved coronal polishing
course prior to taking the coronal scaling course. A
dental assistant performing these functions shall be
limited to the use of hand instruments only. In

addition, coronal scaling as described in this
paragraph shall only be utilized on patients who are
eligible for Medicaid or who are uninsured and whose
household income is not greater than 200% of the
federal poverty level. A dentist may not supervise
more than 2 dental assistants at any one time for the
task of coronal scaling. This paragraph is inoperative
on and after January 1, 2026.
The limitations on the number of dental assistants a
dentist may supervise contained in items (2), (4), and (7)
of this paragraph (g) mean a limit of 4 total dental
assistants or dental hygienists doing expanded functions
covered by these Sections being supervised by one dentist;
or .
(h) The practice of dentistry by an individual who:
(i) has applied in writing to the Department, in
form and substance satisfactory to the Department, for
a general dental license and has complied with all
provisions of Section 9 of this Act, except for the
passage of the examination specified in subsection (e)
of Section 9 of this Act; or
(ii) has applied in writing to the Department, in
form and substance satisfactory to the Department, for
a temporary dental license and has complied with all
provisions of subsection (c) of Section 11 of this
Act; and

(iii) has been accepted or appointed for specialty
or residency training by a hospital situated in this
State; or
(iv) has been accepted or appointed for specialty
training in an approved dental program situated in
this State; or
(v) has been accepted or appointed for specialty
training in a dental public health agency situated in
this State.
The applicant shall be permitted to practice dentistry
for a period of 3 months from the starting date of the
program, unless authorized in writing by the Department to
continue such practice for a period specified in writing
by the Department.
The applicant shall only be entitled to perform such
acts as may be prescribed by and incidental to his or her
program of residency or specialty training and shall not
otherwise engage in the practice of dentistry in this
State.
The authority to practice shall terminate immediately
upon:
(1) the decision of the Department that the
applicant has failed the examination; or
(2) denial of licensure by the Department; or
(3) withdrawal of the application.
(Source: P.A. 100-215, eff. 1-1-18; 100-976, eff. 1-1-19;

101-162, eff. 7-26-19; revised 9-19-19.)
Section 530. The Medical Practice Act of 1987 is amended
by changing Sections 22 and 36 as follows:
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
(Section scheduled to be repealed on January 1, 2022)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action as the
Department may deem proper with regard to the license or
permit of any person issued under this Act, including imposing
fines not to exceed $10,000 for each violation, upon any of the
following grounds:
(1) (Blank).
(2) (Blank).
(3) A plea of guilty or nolo contendere, finding of
guilt, jury verdict, or entry of judgment or sentencing,
including, but not limited to, convictions, preceding
sentences of supervision, conditional discharge, or first
offender probation, under the laws of any jurisdiction of
the United States of any crime that is a felony.
(4) Gross negligence in practice under this Act.
(5) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,

defraud or harm the public.
(6) Obtaining any fee by fraud, deceit, or
misrepresentation.
(7) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or of
any other substances which results in the inability to
practice with reasonable judgment, skill, or safety.
(8) Practicing under a false or, except as provided by
law, an assumed name.
(9) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(10) Making a false or misleading statement regarding
their skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by them at their direction
in the treatment of any disease or other condition of the
body or mind.
(11) Allowing another person or organization to use
their license, procured under this Act, to practice.
(12) Adverse action taken by another state or
jurisdiction against a license or other authorization to
practice as a medical doctor, doctor of osteopathy, doctor
of osteopathic medicine or doctor of chiropractic, a
certified copy of the record of the action taken by the
other state or jurisdiction being prima facie evidence
thereof. This includes any adverse action taken by a State

or federal agency that prohibits a medical doctor, doctor
of osteopathy, doctor of osteopathic medicine, or doctor
of chiropractic from providing services to the agency's
participants.
(13) Violation of any provision of this Act or of the
Medical Practice Act prior to the repeal of that Act, or
violation of the rules, or a final administrative action
of the Secretary, after consideration of the
recommendation of the Disciplinary Board.
(14) Violation of the prohibition against fee
splitting in Section 22.2 of this Act.
(15) A finding by the Disciplinary Board that the
registrant after having his or her license placed on
probationary status or subjected to conditions or
restrictions violated the terms of the probation or failed
to comply with such terms or conditions.
(16) Abandonment of a patient.
(17) Prescribing, selling, administering,
distributing, giving, or self-administering any drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(18) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in such manner
as to exploit the patient for financial gain of the
physician.

(19) Offering, undertaking, or agreeing to cure or
treat disease by a secret method, procedure, treatment, or
medicine, or the treating, operating, or prescribing for
any human condition by a method, means, or procedure which
the licensee refuses to divulge upon demand of the
Department.
(20) Immoral conduct in the commission of any act
including, but not limited to, commission of an act of
sexual misconduct related to the licensee's practice.
(21) Willfully making or filing false records or
reports in his or her practice as a physician, including,
but not limited to, false records to support claims
against the medical assistance program of the Department
of Healthcare and Family Services (formerly Department of
Public Aid) under the Illinois Public Aid Code.
(22) Willful omission to file or record, or willfully
impeding the filing or recording, or inducing another
person to omit to file or record, medical reports as
required by law, or willfully failing to report an
instance of suspected abuse or neglect as required by law.
(23) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected

Child Reporting Act.
(24) Solicitation of professional patronage by any
corporation, agents or persons, or profiting from those
representing themselves to be agents of the licensee.
(25) Gross and willful and continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not
rendered, including, but not limited to, filing such false
statements for collection of monies for services not
rendered from the medical assistance program of the
Department of Healthcare and Family Services (formerly
Department of Public Aid) under the Illinois Public Aid
Code.
(26) A pattern of practice or other behavior which
demonstrates incapacity or incompetence to practice under
this Act.
(27) Mental illness or disability which results in the
inability to practice under this Act with reasonable
judgment, skill, or safety.
(28) Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skill which results in a physician's inability to practice
under this Act with reasonable judgment, skill, or safety.
(29) Cheating on or attempt to subvert the licensing
examinations administered under this Act.
(30) Willfully or negligently violating the

confidentiality between physician and patient except as
required by law.
(31) The use of any false, fraudulent, or deceptive
statement in any document connected with practice under
this Act.
(32) Aiding and abetting an individual not licensed
under this Act in the practice of a profession licensed
under this Act.
(33) Violating state or federal laws or regulations
relating to controlled substances, legend drugs, or
ephedra as defined in the Ephedra Prohibition Act.
(34) Failure to report to the Department any adverse
final action taken against them by another licensing
jurisdiction (any other state or any territory of the
United States or any foreign state or country), by any
peer review body, by any health care institution, by any
professional society or association related to practice
under this Act, by any governmental agency, by any law
enforcement agency, or by any court for acts or conduct
similar to acts or conduct which would constitute grounds
for action as defined in this Section.
(35) Failure to report to the Department surrender of
a license or authorization to practice as a medical
doctor, a doctor of osteopathy, a doctor of osteopathic
medicine, or doctor of chiropractic in another state or
jurisdiction, or surrender of membership on any medical

staff or in any medical or professional association or
society, while under disciplinary investigation by any of
those authorities or bodies, for acts or conduct similar
to acts or conduct which would constitute grounds for
action as defined in this Section.
(36) Failure to report to the Department any adverse
judgment, settlement, or award arising from a liability
claim related to acts or conduct similar to acts or
conduct which would constitute grounds for action as
defined in this Section.
(37) Failure to provide copies of medical records as
required by law.
(38) Failure to furnish the Department, its
investigators or representatives, relevant information,
legally requested by the Department after consultation
with the Chief Medical Coordinator or the Deputy Medical
Coordinator.
(39) Violating the Health Care Worker Self-Referral
Act.
(40) Willful failure to provide notice when notice is
required under the Parental Notice of Abortion Act of
1995.
(41) Failure to establish and maintain records of
patient care and treatment as required by this law.
(42) Entering into an excessive number of written
collaborative agreements with licensed advanced practice

registered nurses resulting in an inability to adequately
collaborate.
(43) Repeated failure to adequately collaborate with a
licensed advanced practice registered nurse.
(44) Violating the Compassionate Use of Medical
Cannabis Program Act.
(45) Entering into an excessive number of written
collaborative agreements with licensed prescribing
psychologists resulting in an inability to adequately
collaborate.
(46) Repeated failure to adequately collaborate with a
licensed prescribing psychologist.
(47) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(48) Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(49) Entering into an excessive number of written
collaborative agreements with licensed physician
assistants resulting in an inability to adequately
collaborate.

(50) Repeated failure to adequately collaborate with a
physician assistant.
Except for actions involving the ground numbered (26), all
proceedings to suspend, revoke, place on probationary status,
or take any other disciplinary action as the Department may
deem proper, with regard to a license on any of the foregoing
grounds, must be commenced within 5 years next after receipt
by the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described
herein. Except for the grounds numbered (8), (9), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents
alleged to be part of the pattern of practice or other behavior
that occurred, or a report pursuant to Section 23 of this Act
received, within the 10-year period preceding the filing of
the complaint. In the event of the settlement of any claim or
cause of action in favor of the claimant or the reduction to
final judgment of any civil action in favor of the plaintiff,
such claim, cause of action, or civil action being grounded on
the allegation that a person licensed under this Act was
negligent in providing care, the Department shall have an
additional period of 2 years from the date of notification to
the Department under Section 23 of this Act of such settlement
or final judgment in which to investigate and commence formal

disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement
of disciplinary action by the Department.
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume his or her
their practice only upon the entry of a Departmental order
based upon a finding by the Disciplinary Board that the person
has they have been determined to be recovered from mental
illness by the court and upon the Disciplinary Board's
recommendation that the person they be permitted to resume his
or her their practice.
The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, or to pay the tax, penalty, or interest shown in a
filed return, or to pay any final assessment of tax, penalty,
or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied as determined
by the Illinois Department of Revenue.
The Department, upon the recommendation of the
Disciplinary Board, shall adopt rules which set forth
standards to be used in determining:

(a) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(b) what constitutes dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(c) what constitutes immoral conduct in the commission
of any act, including, but not limited to, commission of
an act of sexual misconduct related to the licensee's
practice; and
(d) what constitutes gross negligence in the practice
of medicine.
However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Disciplinary Board or the
Licensing Board, upon a showing of a possible violation, may
compel, in the case of the Disciplinary Board, any individual
who is licensed to practice under this Act or holds a permit to
practice under this Act, or, in the case of the Licensing
Board, any individual who has applied for licensure or a
permit pursuant to this Act, to submit to a mental or physical
examination and evaluation, or both, which may include a
substance abuse or sexual offender evaluation, as required by
the Licensing Board or Disciplinary Board and at the expense
of the Department. The Disciplinary Board or Licensing Board
shall specifically designate the examining physician licensed

to practice medicine in all of its branches or, if applicable,
the multidisciplinary team involved in providing the mental or
physical examination and evaluation, or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed chiropractic
physicians, licensed clinical psychologists, licensed clinical
social workers, licensed clinical professional counselors, and
other professional and administrative staff. Any examining
physician or member of the multidisciplinary team may require
any person ordered to submit to an examination and evaluation
pursuant to this Section to submit to any additional
supplemental testing deemed necessary to complete any
examination or evaluation process, including, but not limited
to, blood testing, urinalysis, psychological testing, or
neuropsychological testing. The Disciplinary Board, the
Licensing Board, or the Department may order the examining
physician or any member of the multidisciplinary team to
provide to the Department, the Disciplinary Board, or the
Licensing Board any and all records, including business
records, that relate to the examination and evaluation,
including any supplemental testing performed. The Disciplinary
Board, the Licensing Board, or the Department may order the
examining physician or any member of the multidisciplinary
team to present testimony concerning this examination and

evaluation of the licensee, permit holder, or applicant,
including testimony concerning any supplemental testing or
documents relating to the examination and evaluation. No
information, report, record, or other documents in any way
related to the examination and evaluation shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee, permit holder, or
applicant and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee, permit holder, or applicant ordered to undergo an
evaluation and examination for the examining physician or any
member of the multidisciplinary team to provide information,
reports, records, or other documents or to provide any
testimony regarding the examination and evaluation. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination. Failure of any individual to
submit to mental or physical examination and evaluation, or
both, when directed, shall result in an automatic suspension,
without hearing, until such time as the individual submits to
the examination. If the Disciplinary Board or Licensing Board
finds a physician unable to practice following an examination
and evaluation because of the reasons set forth in this
Section, the Disciplinary Board or Licensing Board shall
require such physician to submit to care, counseling, or
treatment by physicians, or other health care professionals,

approved or designated by the Disciplinary Board, as a
condition for issued, continued, reinstated, or renewed
licensure to practice. Any physician, whose license was
granted pursuant to Sections 9, 17, or 19 of this Act, or,
continued, reinstated, renewed, disciplined or supervised,
subject to such terms, conditions, or restrictions who shall
fail to comply with such terms, conditions, or restrictions,
or to complete a required program of care, counseling, or
treatment, as determined by the Chief Medical Coordinator or
Deputy Medical Coordinators, shall be referred to the
Secretary for a determination as to whether the licensee shall
have his or her their license suspended immediately, pending a
hearing by the Disciplinary Board. In instances in which the
Secretary immediately suspends a license under this Section, a
hearing upon such person's license must be convened by the
Disciplinary Board within 15 days after such suspension and
completed without appreciable delay. The Disciplinary Board
shall have the authority to review the subject physician's
record of treatment and counseling regarding the impairment,
to the extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to
the Disciplinary Board that he or she they can resume practice
in compliance with acceptable and prevailing standards under

the provisions of his or her their license.
The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $10,000 for each
violation of this Act. Fines may be imposed in conjunction
with other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out
of conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited in the Illinois
State Medical Disciplinary Fund.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
(B) The Department shall revoke the license or permit
issued under this Act to practice medicine or a chiropractic
physician who has been convicted a second time of committing
any felony under the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection Act, or who
has been convicted a second time of committing a Class 1 felony
under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
person whose license or permit is revoked under this
subsection B shall be prohibited from practicing medicine or
treating human ailments without the use of drugs and without
operative surgery.
(C) The Department shall not revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any

other disciplinary or non-disciplinary action against the
license or permit issued under this Act to practice medicine
to a physician:
(1) based solely upon the recommendation of the
physician to an eligible patient regarding, or
prescription for, or treatment with, an investigational
drug, biological product, or device; or
(2) for experimental treatment for Lyme disease or
other tick-borne diseases, including, but not limited to,
the prescription of or treatment with long-term
antibiotics.
(D) The Disciplinary Board shall recommend to the
Department civil penalties and any other appropriate
discipline in disciplinary cases when the Board finds that a
physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been
performed is a minor or an incompetent person without notice
as required under the Parental Notice of Abortion Act of 1995.
Upon the Board's recommendation, the Department shall impose,
for the first violation, a civil penalty of $1,000 and for a
second or subsequent violation, a civil penalty of $5,000.
(Source: P.A. 100-429, eff. 8-25-17; 100-513, eff. 1-1-18;
100-605, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff.
1-1-19; 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 101-363,
eff. 8-9-19; revised 9-20-19.)

(225 ILCS 60/36) (from Ch. 111, par. 4400-36)
(Section scheduled to be repealed on January 1, 2022)
Sec. 36. Investigation; notice.
(a) Upon the motion of either the Department or the
Disciplinary Board or upon the verified complaint in writing
of any person setting forth facts which, if proven, would
constitute grounds for suspension or revocation under Section
22 of this Act, the Department shall investigate the actions
of any person, so accused, who holds or represents that he or
she holds a license. Such person is hereinafter called the
accused.
(b) The Department shall, before suspending, revoking,
placing on probationary status, or taking any other
disciplinary action as the Department may deem proper with
regard to any license at least 30 days prior to the date set
for the hearing, notify the accused in writing of any charges
made and the time and place for a hearing of the charges before
the Disciplinary Board, direct him or her to file his or her
written answer thereto to the Disciplinary Board under oath
within 20 days after the service on him or her of such notice
and inform him or her that if he or she fails to file such
answer default will be taken against him or her and his or her
license may be suspended, revoked, placed on probationary
status, or have other disciplinary action, including limiting
the scope, nature or extent of his or her practice, as the
Department may deem proper taken with regard thereto. The

Department shall, at least 14 days prior to the date set for
the hearing, notify in writing any person who filed a
complaint against the accused of the time and place for the
hearing of the charges against the accused before the
Disciplinary Board and inform such person whether he or she
may provide testimony at the hearing.
(c) (Blank).
(d) Such written notice and any notice in such proceedings
thereafter may be served by personal delivery, email to the
respondent's email address of record, or mail to the
respondent's address of record.
(e) All information gathered by the Department during its
investigation including information subpoenaed under Section
23 or 38 of this Act and the investigative file shall be kept
for the confidential use of the Secretary, Disciplinary Board,
the Medical Coordinators, persons employed by contract to
advise the Medical Coordinator or the Department, the
Disciplinary Board's attorneys, the medical investigative
staff, and authorized clerical staff, as provided in this Act
and shall be afforded the same status as is provided
information concerning medical studies in Part 21 of Article
VIII of the Code of Civil Procedure, except that the
Department may disclose information and documents to a
federal, State, or local law enforcement agency pursuant to a
subpoena in an ongoing criminal investigation to a health care
licensing body of this State or another state or jurisdiction

pursuant to an official request made by that licensing body.
Furthermore, information and documents disclosed to a federal,
State, or local law enforcement agency may be used by that
agency only for the investigation and prosecution of a
criminal offense or, in the case of disclosure to a health care
licensing body, only for investigations and disciplinary
action proceedings with regard to a license issued by that
licensing body.
(Source: P.A. 101-13, eff. 6-12-19; 101-316, eff. 8-9-19;
revised 9-20-19.)
Section 535. The Nurse Practice Act is amended by changing
Sections 65-5 and 70-5 as follows:
(225 ILCS 65/65-5) (was 225 ILCS 65/15-10)
(Section scheduled to be repealed on January 1, 2028)
Sec. 65-5. Qualifications for APRN licensure.
(a) Each applicant who successfully meets the requirements
of this Section is eligible for licensure as an advanced
practice registered nurse.
(b) An applicant for licensure to practice as an advanced
practice registered nurse is eligible for licensure when the
following requirements are met:
(1) the applicant has submitted a completed
application and any fees as established by the Department;
(2) the applicant holds a current license to practice

as a registered professional nurse under this Act;
(3) the applicant has successfully completed
requirements to practice as, and holds and maintains
current, national certification as, a nurse midwife,
clinical nurse specialist, nurse practitioner, or
certified registered nurse anesthetist from the
appropriate national certifying body as determined by rule
of the Department;
(4) the applicant has obtained a graduate degree
appropriate for national certification in a clinical
advanced practice registered nursing specialty or a
graduate degree or post-master's certificate from a
graduate level program in a clinical advanced practice
registered nursing specialty;
(5) (blank);
(6) the applicant has submitted to the criminal
history records check required under Section 50-35 of this
Act; and
(7) if applicable, the applicant has submitted
verification of licensure status in another jurisdiction,
as provided by rule.
(b-5) A registered professional nurse seeking licensure as
an advanced practice registered nurse in the category of
certified registered nurse anesthetist who does not have a
graduate degree as described in subsection (b) of this Section
shall be qualified for licensure if that person:

(1) submits evidence of having successfully completed
a nurse anesthesia program described in item (4) of
subsection (b) of this Section prior to January 1, 1999;
(2) submits evidence of certification as a registered
nurse anesthetist by an appropriate national certifying
body; and
(3) has continually maintained active, up-to-date
recertification status as a certified registered nurse
anesthetist by an appropriate national recertifying body.
(b-10) The Department may issue a certified registered
nurse anesthetist license to an APRN who (i) does not have a
graduate degree, (ii) applies for licensure before July 1,
2023, and (iii) submits all of the following to the
Department:
(1) His or her current State registered nurse license
number.
(2) Proof of current national certification, which
includes the completion of an examination from either of
the following:
(A) the Council on Certification of the American
Association of Nurse Anesthetists; or
(B) the Council on Recertification of the American
Association of Nurse Anesthetists.
(3) Proof of the successful completion of a post-basic
advanced practice formal education program in the area of
nurse anesthesia prior to January 1, 1999.

(4) His or her complete work history for the 5-year
period immediately preceding the date of his or her
application.
(5) Verification of licensure as an advanced practice
registered nurse from the state in which he or she was
originally licensed, current state of licensure, and any
other state in which he or she has been actively
practicing as an advanced practice registered nurse within
the 5-year period immediately preceding the date of his or
her application. If applicable, this verification must
state:
(A) the time during which he or she was licensed in
each state, including the date of the original
issuance of each license; and
(B) any disciplinary action taken or pending
concerning any nursing license held, currently or in
the past, by the applicant.
(6) The required fee.
(c) Those applicants seeking licensure in more than one
advanced practice registered nursing specialty need not
possess multiple graduate degrees. Applicants may be eligible
for licenses for multiple advanced practice registered nurse
licensure specialties, provided that the applicant (i) has met
the requirements for at least one advanced practice registered
nursing specialty under paragraph paragraphs (3) and (5) of
subsection (b) (a) of this Section, (ii) possesses an

additional graduate education that results in a certificate
for another clinical advanced practice registered nurse
specialty and that meets the requirements for the national
certification from the appropriate nursing specialty, and
(iii) holds a current national certification from the
appropriate national certifying body for that additional
advanced practice registered nursing specialty.
(Source: P.A. 100-231, eff. 1-1-18; 100-513, eff. 1-1-18;
revised 8-21-20.)
(225 ILCS 65/70-5) (was 225 ILCS 65/10-45)
(Section scheduled to be repealed on January 1, 2028)
Sec. 70-5. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including fines not to exceed $10,000 per
violation, with regard to a license for any one or combination
of the causes set forth in subsection (b) below. All fines
collected under this Section shall be deposited in the Nursing
Dedicated and Professional Fund.
(b) Grounds for disciplinary action include the following:
(1) Material deception in furnishing information to
the Department.
(2) Material violations of any provision of this Act
or violation of the rules of or final administrative

action of the Secretary, after consideration of the
recommendation of the Board.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i)
that is a felony; or (ii) that is a misdemeanor, an
essential element of which is dishonesty, or that is
directly related to the practice of the profession.
(4) A pattern of practice or other behavior which
demonstrates incapacity or incompetency to practice under
this Act.
(5) Knowingly aiding or assisting another person in
violating any provision of this Act or rules.
(6) Failing, within 90 days, to provide a response to
a request for information in response to a written request
made by the Department by certified or registered mail or
by email to the email address of record.
(7) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public, as defined by rule.
(8) Unlawful taking, theft, selling, distributing, or
manufacturing of any drug, narcotic, or prescription
device.

(9) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that could result in a licensee's inability to practice
with reasonable judgment, skill or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth in this Section.
(11) A finding that the licensee, after having her or
his license placed on probationary status or subject to
conditions or restrictions, has violated the terms of
probation or failed to comply with such terms or
conditions.
(12) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
and under the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(13) Willful omission to file or record, or willfully
impeding the filing or recording or inducing another
person to omit to file or record medical reports as
required by law.
(13.5) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused

and Neglected Child Reporting Act.
(14) Gross negligence in the practice of practical,
professional, or advanced practice registered nursing.
(15) Holding oneself out to be practicing nursing
under any name other than one's own.
(16) Failure of a licensee to report to the Department
any adverse final action taken against him or her by
another licensing jurisdiction of the United States or any
foreign state or country, any peer review body, any health
care institution, any professional or nursing society or
association, any governmental agency, any law enforcement
agency, or any court or a nursing liability claim related
to acts or conduct similar to acts or conduct that would
constitute grounds for action as defined in this Section.
(17) Failure of a licensee to report to the Department
surrender by the licensee of a license or authorization to
practice nursing or advanced practice registered nursing
in another state or jurisdiction or current surrender by
the licensee of membership on any nursing staff or in any
nursing or advanced practice registered nursing or
professional association or society while under
disciplinary investigation by any of those authorities or
bodies for acts or conduct similar to acts or conduct that
would constitute grounds for action as defined by this
Section.
(18) Failing, within 60 days, to provide information

in response to a written request made by the Department.
(19) Failure to establish and maintain records of
patient care and treatment as required by law.
(20) Fraud, deceit or misrepresentation in applying
for or procuring a license under this Act or in connection
with applying for renewal of a license under this Act.
(21) Allowing another person or organization to use
the licensee's licensees' license to deceive the public.
(22) Willfully making or filing false records or
reports in the licensee's practice, including but not
limited to false records to support claims against the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(23) Attempting to subvert or cheat on a licensing
examination administered under this Act.
(24) Immoral conduct in the commission of an act,
including, but not limited to, sexual abuse, sexual
misconduct, or sexual exploitation, related to the
licensee's practice.
(25) Willfully or negligently violating the
confidentiality between nurse and patient except as
required by law.
(26) Practicing under a false or assumed name, except
as provided by law.
(27) The use of any false, fraudulent, or deceptive

statement in any document connected with the licensee's
practice.
(28) Directly or indirectly giving to or receiving
from a person, firm, corporation, partnership, or
association a fee, commission, rebate, or other form of
compensation for professional services not actually or
personally rendered. Nothing in this paragraph (28)
affects any bona fide independent contractor or employment
arrangements among health care professionals, health
facilities, health care providers, or other entities,
except as otherwise prohibited by law. Any employment
arrangements may include provisions for compensation,
health insurance, pension, or other employment benefits
for the provision of services within the scope of the
licensee's practice under this Act. Nothing in this
paragraph (28) shall be construed to require an employment
arrangement to receive professional fees for services
rendered.
(29) A violation of the Health Care Worker
Self-Referral Act.
(30) Physical illness, mental illness, or disability
that results in the inability to practice the profession
with reasonable judgment, skill, or safety.
(31) Exceeding the terms of a collaborative agreement
or the prescriptive authority delegated to a licensee by
his or her collaborating physician or podiatric physician

in guidelines established under a written collaborative
agreement.
(32) Making a false or misleading statement regarding
a licensee's skill or the efficacy or value of the
medicine, treatment, or remedy prescribed by him or her in
the course of treatment.
(33) Prescribing, selling, administering,
distributing, giving, or self-administering a drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(34) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in a manner to
exploit the patient for financial gain.
(35) Violating State or federal laws, rules, or
regulations relating to controlled substances.
(36) Willfully or negligently violating the
confidentiality between an advanced practice registered
nurse, collaborating physician, dentist, or podiatric
physician and a patient, except as required by law.
(37) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(38) Being named as an abuser in a verified report by
the Department on Aging and under the Adult Protective

Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(39) A violation of any provision of this Act or any
rules adopted under this Act.
(40) Violating the Compassionate Use of Medical
Cannabis Program Act.
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as amended, operates as an automatic suspension. The
suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission and issues an order so finding and
discharging the patient; and upon the recommendation of the
Board to the Secretary that the licensee be allowed to resume
his or her practice.
(d) The Department may refuse to issue or may suspend or
otherwise discipline the license of any person who fails to
file a return, or to pay the tax, penalty or interest shown in
a filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered
by the Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
(e) In enforcing this Act, the Department, upon a showing

of a possible violation, may compel an individual licensed to
practice under this Act or who has applied for licensure under
this Act, to submit to a mental or physical examination, or
both, as required by and at the expense of the Department. The
Department may order the examining physician to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The examining physicians shall be
specifically designated by the Department. The individual to
be examined may have, at his or her own expense, another
physician of his or her choice present during all aspects of
this examination. Failure of an individual to submit to a
mental or physical examination, when directed, shall result in
an automatic suspension without hearing.
All substance-related violations shall mandate an
automatic substance abuse assessment. Failure to submit to an
assessment by a licensed physician who is certified as an
addictionist or an advanced practice registered nurse with
specialty certification in addictions may be grounds for an
automatic suspension, as defined by rule.
If the Department finds an individual unable to practice
or unfit for duty because of the reasons set forth in this
subsection (e), the Department may require that individual to
submit to a substance abuse evaluation or treatment by

individuals or programs approved or designated by the
Department, as a condition, term, or restriction for
continued, restored, or renewed licensure to practice; or, in
lieu of evaluation or treatment, the Department may file, or
the Board may recommend to the Department to file, a complaint
to immediately suspend, revoke, or otherwise discipline the
license of the individual. An individual whose license was
granted, continued, restored, renewed, disciplined or
supervised subject to such terms, conditions, or restrictions,
and who fails to comply with such terms, conditions, or
restrictions, shall be referred to the Secretary for a
determination as to whether the individual shall have his or
her license suspended immediately, pending a hearing by the
Department.
In instances in which the Secretary immediately suspends a
person's license under this subsection (e), a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this subsection (e) shall be afforded an opportunity to
demonstrate to the Department that he or she can resume

practice in compliance with nursing standards under the
provisions of his or her license.
(Source: P.A. 100-513, eff. 1-1-18; 101-363, eff. 8-9-19;
revised 12-5-19.)
Section 540. The Pharmacy Practice Act is amended by
changing Section 3 as follows:
(225 ILCS 85/3)
(Section scheduled to be repealed on January 1, 2023)
Sec. 3. Definitions. For the purpose of this Act, except
where otherwise limited therein:
(a) "Pharmacy" or "drugstore" means and includes every
store, shop, pharmacy department, or other place where
pharmacist care is provided by a pharmacist (1) where drugs,
medicines, or poisons are dispensed, sold or offered for sale
at retail, or displayed for sale at retail; or (2) where
prescriptions of physicians, dentists, advanced practice
registered nurses, physician assistants, veterinarians,
podiatric physicians, or optometrists, within the limits of
their licenses, are compounded, filled, or dispensed; or (3)
which has upon it or displayed within it, or affixed to or used
in connection with it, a sign bearing the word or words
"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
"Drugs", "Dispensary", "Medicines", or any word or words of

similar or like import, either in the English language or any
other language; or (4) where the characteristic prescription
sign (Rx) or similar design is exhibited; or (5) any store, or
shop, or other place with respect to which any of the above
words, objects, signs or designs are used in any
advertisement.
(b) "Drugs" means and includes (1) articles recognized in
the official United States Pharmacopoeia/National Formulary
(USP/NF), or any supplement thereto and being intended for and
having for their main use the diagnosis, cure, mitigation,
treatment or prevention of disease in man or other animals, as
approved by the United States Food and Drug Administration,
but does not include devices or their components, parts, or
accessories; and (2) all other articles intended for and
having for their main use the diagnosis, cure, mitigation,
treatment or prevention of disease in man or other animals, as
approved by the United States Food and Drug Administration,
but does not include devices or their components, parts, or
accessories; and (3) articles (other than food) having for
their main use and intended to affect the structure or any
function of the body of man or other animals; and (4) articles
having for their main use and intended for use as a component
or any articles specified in clause (1), (2) or (3); but does
not include devices or their components, parts or accessories.
(c) "Medicines" means and includes all drugs intended for
human or veterinary use approved by the United States Food and

Drug Administration.
(d) "Practice of pharmacy" means:
(1) the interpretation and the provision of assistance
in the monitoring, evaluation, and implementation of
prescription drug orders;
(2) the dispensing of prescription drug orders;
(3) participation in drug and device selection;
(4) drug administration limited to the administration
of oral, topical, injectable, and inhalation as follows:
(A) in the context of patient education on the
proper use or delivery of medications;
(B) vaccination of patients 14 years of age and
older pursuant to a valid prescription or standing
order, by a physician licensed to practice medicine in
all its branches, upon completion of appropriate
training, including how to address contraindications
and adverse reactions set forth by rule, with
notification to the patient's physician and
appropriate record retention, or pursuant to hospital
pharmacy and therapeutics committee policies and
procedures;
(B-5) following the initial administration of
long-acting or extended-release extended release form
opioid antagonists by a physician licensed to practice
medicine in all its branches, administration of
injections of long-acting or extended-release form

opioid antagonists for the treatment of substance use
disorder, pursuant to a valid prescription by a
physician licensed to practice medicine in all its
branches, upon completion of appropriate training,
including how to address contraindications and adverse
reactions, including, but not limited to, respiratory
depression and the performance of cardiopulmonary
resuscitation, set forth by rule, with notification to
the patient's physician and appropriate record
retention, or pursuant to hospital pharmacy and
therapeutics committee policies and procedures;
(C) administration of injections of
alpha-hydroxyprogesterone caproate, pursuant to a
valid prescription, by a physician licensed to
practice medicine in all its branches, upon completion
of appropriate training, including how to address
contraindications and adverse reactions set forth by
rule, with notification to the patient's physician and
appropriate record retention, or pursuant to hospital
pharmacy and therapeutics committee policies and
procedures; and
(D) administration of injections of long-term
antipsychotic medications pursuant to a valid
prescription by a physician licensed to practice
medicine in all its branches, upon completion of
appropriate training conducted by an Accreditation

Council of Pharmaceutical Education accredited
provider, including how to address contraindications
and adverse reactions set forth by rule, with
notification to the patient's physician and
appropriate record retention, or pursuant to hospital
pharmacy and therapeutics committee policies and
procedures.
(5) vaccination of patients ages 10 through 13 limited
to the Influenza (inactivated influenza vaccine and live
attenuated influenza intranasal vaccine) and Tdap (defined
as tetanus, diphtheria, acellular pertussis) vaccines,
pursuant to a valid prescription or standing order, by a
physician licensed to practice medicine in all its
branches, upon completion of appropriate training,
including how to address contraindications and adverse
reactions set forth by rule, with notification to the
patient's physician and appropriate record retention, or
pursuant to hospital pharmacy and therapeutics committee
policies and procedures;
(6) drug regimen review;
(7) drug or drug-related research;
(8) the provision of patient counseling;
(9) the practice of telepharmacy;
(10) the provision of those acts or services necessary
to provide pharmacist care;
(11) medication therapy management; and

(12) the responsibility for compounding and labeling
of drugs and devices (except labeling by a manufacturer,
repackager, or distributor of non-prescription drugs and
commercially packaged legend drugs and devices), proper
and safe storage of drugs and devices, and maintenance of
required records.
A pharmacist who performs any of the acts defined as the
practice of pharmacy in this State must be actively licensed
as a pharmacist under this Act.
(e) "Prescription" means and includes any written, oral,
facsimile, or electronically transmitted order for drugs or
medical devices, issued by a physician licensed to practice
medicine in all its branches, dentist, veterinarian, podiatric
physician, or optometrist, within the limits of his or her
license, by a physician assistant in accordance with
subsection (f) of Section 4, or by an advanced practice
registered nurse in accordance with subsection (g) of Section
4, containing the following: (1) name of the patient; (2) date
when prescription was issued; (3) name and strength of drug or
description of the medical device prescribed; and (4)
quantity; (5) directions for use; (6) prescriber's name,
address, and signature; and (7) DEA registration number where
required, for controlled substances. The prescription may, but
is not required to, list the illness, disease, or condition
for which the drug or device is being prescribed. DEA
registration numbers shall not be required on inpatient drug

orders. A prescription for medication other than controlled
substances shall be valid for up to 15 months from the date
issued for the purpose of refills, unless the prescription
states otherwise.
(f) "Person" means and includes a natural person,
partnership, association, corporation, government entity, or
any other legal entity.
(g) "Department" means the Department of Financial and
Professional Regulation.
(h) "Board of Pharmacy" or "Board" means the State Board
of Pharmacy of the Department of Financial and Professional
Regulation.
(i) "Secretary" means the Secretary of Financial and
Professional Regulation.
(j) "Drug product selection" means the interchange for a
prescribed pharmaceutical product in accordance with Section
25 of this Act and Section 3.14 of the Illinois Food, Drug and
Cosmetic Act.
(k) "Inpatient drug order" means an order issued by an
authorized prescriber for a resident or patient of a facility
licensed under the Nursing Home Care Act, the ID/DD Community
Care Act, the MC/DD Act, the Specialized Mental Health
Rehabilitation Act of 2013, the Hospital Licensing Act, or the
University of Illinois Hospital Act, or a facility which is
operated by the Department of Human Services (as successor to
the Department of Mental Health and Developmental

Disabilities) or the Department of Corrections.
(k-5) "Pharmacist" means an individual health care
professional and provider currently licensed by this State to
engage in the practice of pharmacy.
(l) "Pharmacist in charge" means the licensed pharmacist
whose name appears on a pharmacy license and who is
responsible for all aspects of the operation related to the
practice of pharmacy.
(m) "Dispense" or "dispensing" means the interpretation,
evaluation, and implementation of a prescription drug order,
including the preparation and delivery of a drug or device to a
patient or patient's agent in a suitable container
appropriately labeled for subsequent administration to or use
by a patient in accordance with applicable State and federal
laws and regulations. "Dispense" or "dispensing" does not mean
the physical delivery to a patient or a patient's
representative in a home or institution by a designee of a
pharmacist or by common carrier. "Dispense" or "dispensing"
also does not mean the physical delivery of a drug or medical
device to a patient or patient's representative by a
pharmacist's designee within a pharmacy or drugstore while the
pharmacist is on duty and the pharmacy is open.
(n) "Nonresident pharmacy" means a pharmacy that is
located in a state, commonwealth, or territory of the United
States, other than Illinois, that delivers, dispenses, or
distributes, through the United States Postal Service,

commercially acceptable parcel delivery service, or other
common carrier, to Illinois residents, any substance which
requires a prescription.
(o) "Compounding" means the preparation and mixing of
components, excluding flavorings, (1) as the result of a
prescriber's prescription drug order or initiative based on
the prescriber-patient-pharmacist relationship in the course
of professional practice or (2) for the purpose of, or
incident to, research, teaching, or chemical analysis and not
for sale or dispensing. "Compounding" includes the preparation
of drugs or devices in anticipation of receiving prescription
drug orders based on routine, regularly observed dispensing
patterns. Commercially available products may be compounded
for dispensing to individual patients only if all of the
following conditions are met: (i) the commercial product is
not reasonably available from normal distribution channels in
a timely manner to meet the patient's needs and (ii) the
prescribing practitioner has requested that the drug be
compounded.
(p) (Blank).
(q) (Blank).
(r) "Patient counseling" means the communication between a
pharmacist or a student pharmacist under the supervision of a
pharmacist and a patient or the patient's representative about
the patient's medication or device for the purpose of
optimizing proper use of prescription medications or devices.

"Patient counseling" may include without limitation (1)
obtaining a medication history; (2) acquiring a patient's
allergies and health conditions; (3) facilitation of the
patient's understanding of the intended use of the medication;
(4) proper directions for use; (5) significant potential
adverse events; (6) potential food-drug interactions; and (7)
the need to be compliant with the medication therapy. A
pharmacy technician may only participate in the following
aspects of patient counseling under the supervision of a
pharmacist: (1) obtaining medication history; (2) providing
the offer for counseling by a pharmacist or student
pharmacist; and (3) acquiring a patient's allergies and health
conditions.
(s) "Patient profiles" or "patient drug therapy record"
means the obtaining, recording, and maintenance of patient
prescription information, including prescriptions for
controlled substances, and personal information.
(t) (Blank).
(u) "Medical device" or "device" means an instrument,
apparatus, implement, machine, contrivance, implant, in vitro
reagent, or other similar or related article, including any
component part or accessory, required under federal law to
bear the label "Caution: Federal law requires dispensing by or
on the order of a physician". A seller of goods and services
who, only for the purpose of retail sales, compounds, sells,
rents, or leases medical devices shall not, by reasons

thereof, be required to be a licensed pharmacy.
(v) "Unique identifier" means an electronic signature,
handwritten signature or initials, thumb print, or other
acceptable biometric or electronic identification process as
approved by the Department.
(w) "Current usual and customary retail price" means the
price that a pharmacy charges to a non-third-party payor.
(x) "Automated pharmacy system" means a mechanical system
located within the confines of the pharmacy or remote location
that performs operations or activities, other than compounding
or administration, relative to storage, packaging, dispensing,
or distribution of medication, and which collects, controls,
and maintains all transaction information.
(y) "Drug regimen review" means and includes the
evaluation of prescription drug orders and patient records for
(1) known allergies; (2) drug or potential therapy
contraindications; (3) reasonable dose, duration of use, and
route of administration, taking into consideration factors
such as age, gender, and contraindications; (4) reasonable
directions for use; (5) potential or actual adverse drug
reactions; (6) drug-drug interactions; (7) drug-food
interactions; (8) drug-disease contraindications; (9)
therapeutic duplication; (10) patient laboratory values when
authorized and available; (11) proper utilization (including
over or under utilization) and optimum therapeutic outcomes;
and (12) abuse and misuse.

(z) "Electronically transmitted prescription" means a
prescription that is created, recorded, or stored by
electronic means; issued and validated with an electronic
signature; and transmitted by electronic means directly from
the prescriber to a pharmacy. An electronic prescription is
not an image of a physical prescription that is transferred by
electronic means from computer to computer, facsimile to
facsimile, or facsimile to computer.
(aa) "Medication therapy management services" means a
distinct service or group of services offered by licensed
pharmacists, physicians licensed to practice medicine in all
its branches, advanced practice registered nurses authorized
in a written agreement with a physician licensed to practice
medicine in all its branches, or physician assistants
authorized in guidelines by a supervising physician that
optimize therapeutic outcomes for individual patients through
improved medication use. In a retail or other non-hospital
pharmacy, medication therapy management services shall consist
of the evaluation of prescription drug orders and patient
medication records to resolve conflicts with the following:
(1) known allergies;
(2) drug or potential therapy contraindications;
(3) reasonable dose, duration of use, and route of
administration, taking into consideration factors such as
age, gender, and contraindications;
(4) reasonable directions for use;

(5) potential or actual adverse drug reactions;
(6) drug-drug interactions;
(7) drug-food interactions;
(8) drug-disease contraindications;
(9) identification of therapeutic duplication;
(10) patient laboratory values when authorized and
available;
(11) proper utilization (including over or under
utilization) and optimum therapeutic outcomes; and
(12) drug abuse and misuse.
"Medication therapy management services" includes the
following:
(1) documenting the services delivered and
communicating the information provided to patients'
prescribers within an appropriate time frame, not to
exceed 48 hours;
(2) providing patient counseling designed to enhance a
patient's understanding and the appropriate use of his or
her medications; and
(3) providing information, support services, and
resources designed to enhance a patient's adherence with
his or her prescribed therapeutic regimens.
"Medication therapy management services" may also include
patient care functions authorized by a physician licensed to
practice medicine in all its branches for his or her
identified patient or groups of patients under specified

conditions or limitations in a standing order from the
physician.
"Medication therapy management services" in a licensed
hospital may also include the following:
(1) reviewing assessments of the patient's health
status; and
(2) following protocols of a hospital pharmacy and
therapeutics committee with respect to the fulfillment of
medication orders.
(bb) "Pharmacist care" means the provision by a pharmacist
of medication therapy management services, with or without the
dispensing of drugs or devices, intended to achieve outcomes
that improve patient health, quality of life, and comfort and
enhance patient safety.
(cc) "Protected health information" means individually
identifiable health information that, except as otherwise
provided, is:
(1) transmitted by electronic media;
(2) maintained in any medium set forth in the
definition of "electronic media" in the federal Health
Insurance Portability and Accountability Act; or
(3) transmitted or maintained in any other form or
medium.
"Protected health information" does not include
individually identifiable health information found in:
(1) education records covered by the federal Family

Educational Right and Privacy Act; or
(2) employment records held by a licensee in its role
as an employer.
(dd) "Standing order" means a specific order for a patient
or group of patients issued by a physician licensed to
practice medicine in all its branches in Illinois.
(ee) "Address of record" means the designated address
recorded by the Department in the applicant's application file
or licensee's license file maintained by the Department's
licensure maintenance unit.
(ff) "Home pharmacy" means the location of a pharmacy's
primary operations.
(gg) "Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
(Source: P.A. 100-208, eff. 1-1-18; 100-497, eff. 9-8-17;
100-513, eff. 1-1-18; 100-804, eff. 1-1-19; 100-863, eff.
8-14-18; 101-349, eff. 1-1-20; revised 8-21-20.)
Section 545. The Physician Assistant Practice Act of 1987
is amended by changing Sections 7.5 and 21 as follows:
(225 ILCS 95/7.5)
(Section scheduled to be repealed on January 1, 2028)
Sec. 7.5. Written collaborative agreements; prescriptive

authority.
(a) A written collaborative agreement is required for all
physician assistants to practice in the State, except as
provided in Section 7.7 of this Act.
(1) A written collaborative agreement shall describe
the working relationship of the physician assistant with
the collaborating physician and shall describe the
categories of care, treatment, or procedures to be
provided by the physician assistant. The written
collaborative agreement shall promote the exercise of
professional judgment by the physician assistant
commensurate with his or her education and experience. The
services to be provided by the physician assistant shall
be services that the collaborating physician is authorized
to and generally provides to his or her patients in the
normal course of his or her clinical medical practice. The
written collaborative agreement need not describe the
exact steps that a physician assistant must take with
respect to each specific condition, disease, or symptom
but must specify which authorized procedures require the
presence of the collaborating physician as the procedures
are being performed. The relationship under a written
collaborative agreement shall not be construed to require
the personal presence of a physician at the place where
services are rendered. Methods of communication shall be
available for consultation with the collaborating

physician in person or by telecommunications or electronic
communications as set forth in the written collaborative
agreement. For the purposes of this Act, "generally
provides to his or her patients in the normal course of his
or her clinical medical practice" means services, not
specific tasks or duties, the collaborating physician
routinely provides individually or through delegation to
other persons so that the physician has the experience and
ability to collaborate and provide consultation.
(2) The written collaborative agreement shall be
adequate if a physician does each of the following:
(A) Participates in the joint formulation and
joint approval of orders or guidelines with the
physician assistant and he or she periodically reviews
such orders and the services provided patients under
such orders in accordance with accepted standards of
medical practice and physician assistant practice.
(B) Provides consultation at least once a month.
(3) A copy of the signed, written collaborative
agreement must be available to the Department upon request
from both the physician assistant and the collaborating
physician.
(4) A physician assistant shall inform each
collaborating physician of all written collaborative
agreements he or she has signed and provide a copy of these
to any collaborating physician upon request.

(b) A collaborating physician may, but is not required to,
delegate prescriptive authority to a physician assistant as
part of a written collaborative agreement. This authority may,
but is not required to, include prescription of, selection of,
orders for, administration of, storage of, acceptance of
samples of, and dispensing medical devices, over the counter
medications, legend drugs, medical gases, and controlled
substances categorized as Schedule II through V controlled
substances, as defined in Article II of the Illinois
Controlled Substances Act, and other preparations, including,
but not limited to, botanical and herbal remedies. The
collaborating physician must have a valid, current Illinois
controlled substance license and federal registration with the
Drug Enforcement Administration Agency to delegate the
authority to prescribe controlled substances.
(1) To prescribe Schedule II, III, IV, or V controlled
substances under this Section, a physician assistant must
obtain a mid-level practitioner controlled substances
license. Medication orders issued by a physician assistant
shall be reviewed periodically by the collaborating
physician.
(2) The collaborating physician shall file with the
Department notice of delegation of prescriptive authority
to a physician assistant and termination of delegation,
specifying the authority delegated or terminated. Upon
receipt of this notice delegating authority to prescribe

controlled substances, the physician assistant shall be
eligible to register for a mid-level practitioner
controlled substances license under Section 303.05 of the
Illinois Controlled Substances Act. Nothing in this Act
shall be construed to limit the delegation of tasks or
duties by the collaborating physician to a nurse or other
appropriately trained persons in accordance with Section
54.2 of the Medical Practice Act of 1987.
(3) In addition to the requirements of this subsection
(b), a collaborating physician may, but is not required
to, delegate authority to a physician assistant to
prescribe Schedule II controlled substances, if all of the
following conditions apply:
(A) Specific Schedule II controlled substances by
oral dosage or topical or transdermal application may
be delegated, provided that the delegated Schedule II
controlled substances are routinely prescribed by the
collaborating physician. This delegation must identify
the specific Schedule II controlled substances by
either brand name or generic name. Schedule II
controlled substances to be delivered by injection or
other route of administration may not be delegated.
(B) (Blank).
(C) Any prescription must be limited to no more
than a 30-day supply, with any continuation authorized
only after prior approval of the collaborating

physician.
(D) The physician assistant must discuss the
condition of any patients for whom a controlled
substance is prescribed monthly with the collaborating
physician.
(E) The physician assistant meets the education
requirements of Section 303.05 of the Illinois
Controlled Substances Act.
(c) Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician to a licensed
practical nurse, a registered professional nurse, or other
persons. Nothing in this Act shall be construed to limit the
method of delegation that may be authorized by any means,
including, but not limited to, oral, written, electronic,
standing orders, protocols, guidelines, or verbal orders.
Nothing in this Act shall be construed to authorize a
physician assistant to provide health care services required
by law or rule to be performed by a physician. Nothing in this
Act shall be construed to authorize the delegation or
performance of operative surgery. Nothing in this Section
shall be construed to preclude a physician assistant from
assisting in surgery.
(c-5) Nothing in this Section shall be construed to apply
to any medication authority, including Schedule II controlled
substances of a licensed physician assistant for care provided
in a hospital, hospital affiliate, or ambulatory surgical

treatment center pursuant to Section 7.7 of this Act.
(d) (Blank).
(e) Nothing in this Section shall be construed to prohibit
generic substitution.
(Source: P.A. 100-453, eff. 8-25-17; 101-13, eff. 6-12-19;
revised 8-24-20.)
(225 ILCS 95/21) (from Ch. 111, par. 4621)
(Section scheduled to be repealed on January 1, 2028)
Sec. 21. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action with regard to any
license issued under this Act as the Department may deem
proper, including the issuance of fines not to exceed $10,000
for each violation, for any one or combination of the
following causes:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act, or the rules adopted under
this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any

jurisdiction of the United States that is: (i) a felony;
or (ii) a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of
the profession.
(4) Making any misrepresentation for the purpose of
obtaining licenses.
(5) Professional incompetence.
(6) Aiding or assisting another person in violating
any provision of this Act or its rules.
(7) Failing, within 60 days, to provide information in
response to a written request made by the Department.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct, as defined by rule, of a character
likely to deceive, defraud, or harm the public.
(9) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in a physician assistant's inability to
practice with reasonable judgment, skill, or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for
discipline is the same or substantially equivalent to
those set forth in this Section.
(11) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate or other form of
compensation for any professional services not actually or

personally rendered. Nothing in this paragraph (11)
affects any bona fide independent contractor or employment
arrangements, which may include provisions for
compensation, health insurance, pension, or other
employment benefits, with persons or entities authorized
under this Act for the provision of services within the
scope of the licensee's practice under this Act.
(12) A finding by the Disciplinary Board that the
licensee, after having his or her license placed on
probationary status has violated the terms of probation.
(13) Abandonment of a patient.
(14) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with state agencies or departments.
(15) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(16) Physical illness, or mental illness or impairment
that results in the inability to practice the profession
with reasonable judgment, skill, or safety, including, but
not limited to, deterioration through the aging process or
loss of motor skill.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the

licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) (Blank).
(19) Gross negligence resulting in permanent injury or
death of a patient.
(20) Employment of fraud, deception or any unlawful
means in applying for or securing a license as a physician
assistant.
(21) Exceeding the authority delegated to him or her
by his or her collaborating physician in a written
collaborative agreement.
(22) Immoral conduct in the commission of any act,
such as sexual abuse, sexual misconduct, or sexual
exploitation related to the licensee's practice.
(23) Violation of the Health Care Worker Self-Referral
Act.
(24) Practicing under a false or assumed name, except
as provided by law.
(25) Making a false or misleading statement regarding
his or her skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by him or her in the
course of treatment.
(26) Allowing another person to use his or her license
to practice.
(27) Prescribing, selling, administering,

distributing, giving, or self-administering a drug
classified as a controlled substance for other than
medically accepted medically-accepted therapeutic
purposes.
(28) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in a manner to
exploit the patient for financial gain.
(29) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(30) Violating State or federal laws or regulations
relating to controlled substances or other legend drugs or
ephedra as defined in the Ephedra Prohibition Act.
(31) Exceeding the prescriptive authority delegated by
the collaborating physician or violating the written
collaborative agreement delegating that authority.
(32) Practicing without providing to the Department a
notice of collaboration or delegation of prescriptive
authority.
(33) Failure to establish and maintain records of
patient care and treatment as required by law.
(34) Attempting to subvert or cheat on the examination
of the National Commission on Certification of Physician
Assistants or its successor agency.
(35) Willfully or negligently violating the
confidentiality between physician assistant and patient,

except as required by law.
(36) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(37) Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(38) Failure to report to the Department an adverse
final action taken against him or her by another licensing
jurisdiction of the United States or a foreign state or
country, a peer review body, a health care institution, a
professional society or association, a governmental
agency, a law enforcement agency, or a court acts or
conduct similar to acts or conduct that would constitute
grounds for action under this Section.
(39) Failure to provide copies of records of patient
care or treatment, except as required by law.
(40) Entering into an excessive number of written
collaborative agreements with licensed physicians
resulting in an inability to adequately collaborate.
(41) Repeated failure to adequately collaborate with a
collaborating physician.

(42) Violating the Compassionate Use of Medical
Cannabis Program Act.
(b) The Department may, without a hearing, refuse to issue
or renew or may suspend the license of any person who fails to
file a return, or to pay the tax, penalty or interest shown in
a filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered
by the Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and issues an order so finding and discharging the patient,
and upon the recommendation of the Disciplinary Board to the
Secretary that the licensee be allowed to resume his or her
practice.
(d) In enforcing this Section, the Department upon a
showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, which may include a substance abuse or
sexual offender evaluation, as required by and at the expense
of the Department.

The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination pursuant to this Section to submit to
any additional supplemental testing deemed necessary to
complete any examination or evaluation process, including, but
not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed.
The Department may order the examining physician or any
member of the multidisciplinary team to present testimony
concerning the mental or physical examination of the licensee
or applicant. No information, report, record, or other

documents in any way related to the examination shall be
excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee or applicant ordered to undergo an examination for
the examining physician or any member of the multidisciplinary
team to provide information, reports, records, or other
documents or to provide any testimony regarding the
examination and evaluation.
The individual to be examined may have, at his or her own
expense, another physician of his or her choice present during
all aspects of this examination. However, that physician shall
be present only to observe and may not interfere in any way
with the examination.
Failure of an individual to submit to a mental or physical
examination, when ordered, shall result in an automatic
suspension of his or her license until the individual submits
to the examination.
If the Department finds an individual unable to practice
because of the reasons set forth in this Section, the
Department may require that individual to submit to care,
counseling, or treatment by physicians approved or designated
by the Department, as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice; or,
in lieu of care, counseling, or treatment, the Department may

file a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual. An individual whose
license was granted, continued, reinstated, renewed,
disciplined, or supervised subject to such terms, conditions,
or restrictions, and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 30
days after the suspension and completed without appreciable
delay. The Department shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(e) An individual or organization acting in good faith,
and not in a willful and wanton manner, in complying with this
Section by providing a report or other information to the

Board, by assisting in the investigation or preparation of a
report or information, by participating in proceedings of the
Board, or by serving as a member of the Board, shall not be
subject to criminal prosecution or civil damages as a result
of such actions.
(f) Members of the Board and the Disciplinary Board shall
be indemnified by the State for any actions occurring within
the scope of services on the Disciplinary Board or Board, done
in good faith and not willful and wanton in nature. The
Attorney General shall defend all such actions unless he or
she determines either that there would be a conflict of
interest in such representation or that the actions complained
of were not in good faith or were willful and wanton.
If the Attorney General declines representation, the
member has the right to employ counsel of his or her choice,
whose fees shall be provided by the State, after approval by
the Attorney General, unless there is a determination by a
court that the member's actions were not in good faith or were
willful and wanton.
The member must notify the Attorney General within 7 days
after receipt of notice of the initiation of any action
involving services of the Disciplinary Board. Failure to so
notify the Attorney General constitutes an absolute waiver of
the right to a defense and indemnification.
The Attorney General shall determine, within 7 days after
receiving such notice, whether he or she will undertake to

represent the member.
(Source: P.A. 100-453, eff. 8-25-17; 100-605, eff. 1-1-19;
101-363, eff. 8-9-19; revised 12-5-19.)
Section 550. The Perfusionist Practice Act is amended by
changing Sections 105 and 210 as follows:
(225 ILCS 125/105)
(Section scheduled to be repealed on January 1, 2030)
Sec. 105. Grounds for disciplinary action.
(a) The Department may refuse to issue, renew, or restore
a license, or may revoke, suspend, place on probation,
reprimand, or take any other disciplinary or non-disciplinary
action as the Department may deem proper, including fines not
to exceed $10,000 per violation with regard to any license
issued under this Act, for any one or a combination of the
following reasons:
(1) Making a material misstatement in furnishing
information to the Department.
(2) Negligence, incompetence, or misconduct in the
practice of perfusion.
(3) Failure to comply with any provisions of this Act
or any of its rules.
(4) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal or restoration of a license under

this Act.
(5) Purposefully making false statements or signing
false statements, certificates, or affidavits to induce
payment.
(6) Conviction of or entry of a plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or sentencing, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element
of which is dishonesty, that is directly related to the
practice of the profession of perfusion.
(7) Aiding or assisting another in violating any
provision of this Act or its rules.
(8) Failing to provide information in response to a
written request made by the Department within 60 days
after receipt of such written request.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public as defined by rule.
(10) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol,
narcotics, stimulants, or any other substances that
results in the inability to practice with reasonable
judgment, skill, or safety.

(11) A finding by the Department that an applicant or
licensee has failed to pay a fine imposed by the
Department.
(12) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation, or failed to
comply with such terms.
(13) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of
physical illness, including, but not limited to,
deterioration through the aging process, loss of motor
skill, mental illness, or disability.
(14) Discipline by another state, territory, foreign
country, the District of Columbia, the United States
government, or any other government agency if at least one
of the grounds for discipline is the same or substantially
equivalent to those set forth in this Act.
(15) The making of any willfully false oath or
affirmation in any matter or proceeding where an oath or
affirmation is required by this Act.
(16) Using or attempting to use an expired, inactive,
suspended, or revoked license, or the certificate or seal
of another, or impersonating another licensee.
(17) Directly or indirectly giving to or receiving
from any person or entity any fee, commission, rebate, or
other form of compensation for any professional service

not actually or personally rendered.
(18) Willfully making or filing false records or
reports related to the licensee's practice, including, but
not limited to, false records filed with federal or State
agencies or departments.
(19) Willfully failing to report an instance of
suspected child abuse or neglect as required under the
Abused and Neglected Child Reporting Act.
(20) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act and
upon proof, by clear and convincing evidence, that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(21) Immoral conduct in the commission of an act
related to the licensee's practice, including but not
limited to sexual abuse, sexual misconduct, or sexual
exploitation.
(22) Violation of the Health Care Worker Self-Referral
Act.
(23) Solicitation of business or professional
services, other than permitted advertising.
(24) Conviction of or cash compromise of a charge or
violation of the Illinois Controlled Substances Act.
(25) Gross, willful, or continued overcharging for

professional services, including filing false statements
for collection of fees for which services are not
rendered.
(26) Practicing under a false name or, except as
allowed by law, an assumed name.
(b) In enforcing this Section, the Department or Board,
upon a showing of a possible violation, may order a licensee or
applicant to submit to a mental or physical examination, or
both, at the expense of the Department. The Department or
Board may order the examining physician to present testimony
concerning his or her examination of the licensee or
applicant. No information shall be excluded by reason of any
common law or statutory privilege relating to communications
between the licensee or applicant and the examining physician.
The examining physicians shall be specifically designated by
the Board or Department. The licensee or applicant may have,
at his or her own expense, another physician of his or her
choice present during all aspects of the examination. Failure
of a licensee or applicant to submit to any such examination
when directed, without reasonable cause as defined by rule,
shall be grounds for either the immediate suspension of his or
her license or immediate denial of his or her application.
(1) If the Secretary immediately suspends the license
of a licensee for his or her failure to submit to a mental
or physical examination when directed, a hearing must be
convened by the Department within 15 days after the

suspension and completed without appreciable delay.
(2) If the Secretary otherwise suspends a license
pursuant to the results of the licensee's mental or
physical examination, a hearing must be convened by the
Department within 15 days after the suspension and
completed without appreciable delay. The Department and
Board shall have the authority to review the licensee's
record of treatment and counseling regarding the relevant
impairment or impairments to the extent permitted by
applicable federal statutes and regulations safeguarding
the confidentiality of medical records.
(3) Any licensee suspended or otherwise affected under
this subsection (b) shall be afforded an opportunity to
demonstrate to the Department or Board that he or she can
resume practice in compliance with the acceptable and
prevailing standards under the provisions of his or her
license.
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the licensee is no
longer subject to the involuntary admission or judicial
admission and issues an order so finding and discharging the
licensee; and upon the recommendation of the Board to the
Secretary that the licensee be allowed to resume his or her

practice.
(d) In cases where the Department of Healthcare and Family
Services (formerly the Department of Public Aid) has
previously determined that a licensee or a potential licensee
is more than 30 days delinquent in the payment of child support
and has subsequently certified the delinquency to the
Department, the Department shall refuse to issue or renew or
shall revoke or suspend that person's license or shall take
other disciplinary action against that person based solely
upon the certification of delinquency made by the Department
of Healthcare and Family Services in accordance with
subdivision (a)(5) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code
of Illinois.
(e) The Department shall deny a license or renewal
authorized by this Act to a person who has failed to file a
return, to pay the tax, penalty, or interest shown in a filed
return, or to pay any final assessment of tax, penalty, or
interest as required by any tax Act administered by the
Department of Revenue, until the requirements of the tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Department of Professional Regulation Law of
the Civil Administrative Code of Illinois.
(Source: P.A. 101-311, eff. 8-9-19; revised 12-5-19.)
(225 ILCS 125/210)

(Section scheduled to be repealed on January 1, 2030)
Sec. 210. Administrative review.
(a) All final administrative decisions of the Department
are subject to judicial review under the Administrative Review
Law and its rules. The term "administrative decision" is
defined as in Section 3-101 of the Code of Civil Procedure.
(b) Proceedings for judicial review shall be commenced in
the circuit court of the county in which the party seeking
review resides. If the party seeking review is not a resident
of this State, venue shall be in Sangamon County.
(c) The Department shall not be required to certify any
record to the court or file any answer in court, or to
otherwise appear in any court in a judicial review proceeding,
unless and until the Department has received from the
plaintiff payment of the costs of furnishing and certifying
the record, which costs shall be determined by the Department.
(d) Failure on the part of the plaintiff to file a receipt
in court shall be grounds for dismissal of the action.
(e) During the pendency and hearing of any and all
judicial proceedings incident to a disciplinary action, the
sanctions imposed upon the applicant or licensee by the
Department shall remain in full force and effect.
(Source: P.A. 101-311, eff. 8-9-19; revised 12-5-19.)
Section 555. The Uniform Emergency Volunteer Health
Practitioners Act is amended by changing Section 5 as follows:

(225 ILCS 140/5)
Sec. 5. Volunteer Health Practitioner Registration
Systems.
(a) To qualify as a volunteer health practitioner
registration system, a system must:
(1) accept applications for the registration of
volunteer health practitioners before or during an
emergency;
(2) include information about the licensure and good
standing of health practitioners which is accessible by
authorized persons;
(3) be capable of confirming the accuracy of
information concerning whether a health practitioner is
licensed and in good standing before health services or
veterinary services are provided under this Act; and
(4) meet one of the following conditions:
(A) be an emergency system for advance
registration of volunteer health-care practitioners
established by a state and funded through the
Department of Health and Human Services under Section
319I of the Public Health Service Services Act, 42
U.S.C. Section 247d-7b (as amended);
(B) be a local unit consisting of trained and
equipped emergency response, public health, and
medical personnel formed pursuant to Section 2801 of

the Public Health Service Services Act, 42 U.S.C.
Section 300hh (as amended);
(C) be operated by a:
(i) disaster relief organization;
(ii) licensing board;
(iii) national or regional association of
licensing boards or health practitioners;
(iv) health facility that provides
comprehensive inpatient and outpatient health-care
services, including a tertiary care, teaching
hospital, or ambulatory surgical treatment center;
or
(v) governmental entity; or
(D) be designated by the Illinois Department of
Public Health as a registration system for purposes of
this Act.
(b) While an emergency declaration is in effect, the
Illinois Department of Public Health, a person authorized to
act on behalf of the Illinois Department of Public Health, or a
host entity or disaster relief organization, may confirm
whether volunteer health practitioners utilized in this State
are registered with a registration system that complies with
subsection (a). Confirmation is limited to obtaining
identities of the practitioners from the system and
determining whether the system indicates that the
practitioners are licensed and in good standing.

(c) Upon request of a person in this State authorized
under subsection (b), or a similarly authorized person in
another state, a registration system located in this State
shall notify the person of the identities of volunteer health
practitioners and whether the practitioners are licensed and
in good standing.
(d) A host entity or disaster relief organization is not
required to use the services of a volunteer health
practitioner even if the practitioner is registered with a
registration system that indicates that the practitioner is
licensed and in good standing.
(Source: P.A. 96-983, eff. 1-1-11; revised 8-24-20.)
Section 560. The Solid Waste Site Operator Certification
Law is amended by changing Section 1001 as follows:
(225 ILCS 230/1001) (from Ch. 111, par. 7851)
Sec. 1001. Short title. This Article Act may be cited as
the Solid Waste Site Operator Certification Law. References in
this Article to this Act shall mean this Article.
(Source: P.A. 86-1363; revised 8-23-19.)
Section 565. The Interpreter for the Deaf Licensure Act of
2007 is amended by changing Section 165 as follows:
(225 ILCS 443/165)

(Section scheduled to be repealed on January 1, 2028)
Sec. 165. Secretary Director; rehearing. Whenever the
Secretary believes justice has not been done in the revocation
of, suspension of, or refusal to issue or renew a license or
the discipline of a licensee, he or she may order a rehearing.
(Source: P.A. 95-617, eff. 9-12-07; revised 8-23-19.)
Section 570. The Animal Welfare Act is amended by changing
Sections 3.3, 7, 18, 18.2, and 21 as follows:
(225 ILCS 605/3.3)
Sec. 3.3. Adoption of dogs and cats.
(a) An animal shelter or animal control facility shall not
adopt out any dog or adopt out or return to field any cat
unless it has been sterilized and microchipped. However, an
animal shelter or , animal control facility may adopt out a dog
or cat that has not been sterilized and microchipped if: (1)
Blank; or (2) the adopting owner has executed a written
agreement to have sterilizing and microchipping procedures
performed within 14 days after a licensed veterinarian
certifies the dog or cat is healthy enough for sterilizing and
microchipping procedures, and a licensed veterinarian has
certified that the dog or cat is too sick or injured to be
sterilized or it would be detrimental to the health of the dog
or cat to be sterilized or microchipped at the time of the
adoption.

(b) An animal shelter or animal control facility may adopt
out any dog or cat that is not free of disease, injury, or
abnormality if the disease, injury, or abnormality is
disclosed in writing to the adopter, and the animal shelter or
animal control facility allows the adopter to return the
animal to the animal shelter or animal control facility.
(c) The requirements of subsections (a) and (b) of this
Section do not apply to adoptions subject to Section 11 of the
Animal Control Act.
(Source: P.A. 101-295, eff. 8-9-19; revised 8-24-20.)
(225 ILCS 605/7) (from Ch. 8, par. 307)
Sec. 7. Applications for renewal licenses shall be made to
the Department in a manner prescribed by the Department, shall
contain such information as will enable the Department to
determine if the applicant is qualified to continue to hold a
license, shall report beginning inventory and intake and
outcome statistics from the previous calendar year, and shall
be accompanied by the required fee, which shall not be
returnable. The report of intake and outcome statistics shall
include the following:
(1) The total number of dogs, cats, and other animals,
divided into species, taken in by the animal shelter or
animal control facility, in the following categories:
(A) surrendered by owner;
(B) stray;

(C) impounded other than stray;
(D) confiscated under the Humane Care for Animals
Act;
(E) transfer from other licensees within the
State;
(F) transferred into or imported from out of the
State;
(G) transferred into or imported from outside the
country; and
(H) born in shelter or animal control facility.
(2) The disposition of all dogs, cats, and other
animals taken in by the animal shelter or animal control
facility, divided into species. This data must include
dispositions by:
(A) reclamation by owner;
(B) adopted or sold;
(C) euthanized;
(D) euthanized per request of the owner;
(E) died in custody;
(F) transferred to another licensee;
(G) transferred to an out-of-state out-of-State
nonprofit agency;
(H) animals missing, stolen, or escaped;
(I) cats returned to in field; and
(J) ending inventory; shelter count at end of the
last day of the year.

The Department shall not be required to audit or validate
the intake and outcome statistics required to be submitted
under this Section.
(Source: P.A. 100-870, eff. 1-1-19; 101-295, eff. 8-9-19;
revised 8-24-20.)
(225 ILCS 605/18) (from Ch. 8, par. 318)
Sec. 18. The licensee shall:
(a) a. Maintain sanitary conditions.
(b) Ensure b. Insure proper ventilation.
(c) c. Provide adequate nutrition.
(d) d. Provide humane care and treatment of all
animals under his jurisdiction.
(e) e. Take reasonable care to release for sale,
trade, or adoption only those animals which are free of
disease, injuries, or abnormalities. A health certificate,
meeting the requirements of the Department and issued by a
licensed veterinarian for any such animal within 5 days
before such sale, trade, or adoption, is prima facie
evidence that the licensee has taken reasonable care, as
required by this paragraph.
f. Inspection of the premises of a licensee to determine
compliance with this Act may be made only by the Department.
(Source: P.A. 78-900; revised 8-24-20.)
(225 ILCS 605/18.2)

Sec. 18.2. Fire alarm system.
(a) In this Section:
"Fire alarm system" means a system that automatically
triggers notification to local emergency responders when
activated.
"Staffing plan" means a plan to staff a kennel operator
anytime dogs or cats are on the premises. At a minimum, a
staffing plan must include the kennel operator's hours of
operation, number of staff, names of staff, and the staff's
contact information. The Department may adopt rules adding
requirements to a staffing plan.
"Qualified fire inspector" means a local fire official or
a building inspector working for a unit of local government or
fire protection district who is qualified to inspect buildings
for fire safety or building code compliance.
(b) A kennel operator that maintains dogs or cats for
boarding and that is not staffed at all times dogs or cats are
on the premises shall be equipped with at least one fire alarm
system or fire sprinkler system in operating condition in
every building of the kennel operator that is used for the
housing of animals. The kennel operator shall certify in its
license application and annually certify in its license
renewal that either: (1) its facility has a fire alarm system
or a fire sprinkler system, and shall include with the
application or license renewal an attached description and
picture of the make and model of the system used; or (2) the

kennel is staffed at all times dogs or cats are on the
premises, and shall include with the application or license
renewal an attached staffing plan. The Department shall
include this certification on each application for license or
license renewal.
(c) A qualified fire inspector may inspect a kennel
operator that maintains dogs and cats for boarding during the
course of performing routine inspections. If, during a routine
inspection, a qualified fire inspector determines that the
kennel operator does not have a fire alarm system or fire
sprinkler system, the inspector may inform the Department.
(d) For the purposes of this Section, veterinary
hospitals, practices, or offices are not kennel operators.
(Source: P.A. 101-210, eff. 1-1-20; revised 9-19-19.)
(225 ILCS 605/21) (from Ch. 8, par. 321)
Sec. 21. The following fees shall accompany each
application for a license, which fees shall not be returnable:
a. for an original license to an individual .... $350
b. for an original license to a partnership,
animal shelter, or animal control
facility or corporation ................ $350
c. for an annual renewal license ............... $100
d. for each branch office license .............. $100
e. for the renewal of any license not renewed by
July 1 of the year ..................... $400

f. (blank)
g. (blank)
(Source: P.A. 101-295, eff. 8-9-19; revised 12-9-19.)
Section 575. The Fluorspar Mines Act is amended by
changing Section 3 as follows:
(225 ILCS 710/3) (from Ch. 96 1/2, par. 4204)
Sec. 3. Office of Inspector of Mines. The Office of
Inspector of Mines as created by this Act shall be under the
jurisdiction of the Department of Natural Resources to the
same purport and effect as all other mining operations
provided for by law, unless otherwise provided. The Inspector
of Mines appointed hereunder shall keep an office within and
as a part of the office of the Director of the Office of Mines
and Minerals, and whose necessary employees shall be employed
and paid in the same manner as is provided for the employment
and pay of the necessary employees of the State departments
under the Civil Administrative Code of Illinois, and as is
provided in Section 5-645 of the Departments of State
Government Law of the Civil Administrative Code of Illinois
(20 ILCS 5/5-645.
(Source: P.A. 91-239, eff. 1-1-00; revised 8-23-19.)
Section 580. The Illinois Horse Racing Act of 1975 is
amended by changing Sections 26, 27, and 31 as follows:

(230 ILCS 5/26) (from Ch. 8, par. 37-26)
Sec. 26. Wagering.
(a) Any licensee may conduct and supervise the pari-mutuel
system of wagering, as defined in Section 3.12 of this Act, on
horse races conducted by an Illinois organization licensee or
conducted at a racetrack located in another state or country
in accordance with subsection (g) of Section 26 of this Act.
Subject to the prior consent of the Board, licensees may
supplement any pari-mutuel pool in order to guarantee a
minimum distribution. Such pari-mutuel method of wagering
shall not, under any circumstances if conducted under the
provisions of this Act, be held or construed to be unlawful,
other statutes of this State to the contrary notwithstanding.
Subject to rules for advance wagering promulgated by the
Board, any licensee may accept wagers in advance of the day of
the race wagered upon occurs.
(b) Except for those gaming activities for which a license
is obtained and authorized under the Illinois Lottery Law, the
Charitable Games Act, the Raffles and Poker Runs Act, or the
Illinois Gambling Act, no other method of betting, pool
making, wagering or gambling shall be used or permitted by the
licensee. Each licensee may retain, subject to the payment of
all applicable taxes and purses, an amount not to exceed 17% of
all money wagered under subsection (a) of this Section, except
as may otherwise be permitted under this Act.

(b-5) An individual may place a wager under the
pari-mutuel system from any licensed location authorized under
this Act provided that wager is electronically recorded in the
manner described in Section 3.12 of this Act. Any wager made
electronically by an individual while physically on the
premises of a licensee shall be deemed to have been made at the
premises of that licensee.
(c) (Blank).
(c-5) The sum held by any licensee for payment of
outstanding pari-mutuel tickets, if unclaimed prior to
December 31 of the next year, shall be retained by the licensee
for payment of such tickets until that date. Within 10 days
thereafter, the balance of such sum remaining unclaimed, less
any uncashed supplements contributed by such licensee for the
purpose of guaranteeing minimum distributions of any
pari-mutuel pool, shall be evenly distributed to the purse
account of the organization licensee and the organization
licensee, except that the balance of the sum of all
outstanding pari-mutuel tickets generated from simulcast
wagering and inter-track wagering by an organization licensee
located in a county with a population in excess of 230,000 and
borders the Mississippi River or any licensee that derives its
license from that organization licensee shall be evenly
distributed to the purse account of the organization licensee
and the organization licensee.
(d) A pari-mutuel ticket shall be honored until December

31 of the next calendar year, and the licensee shall pay the
same and may charge the amount thereof against unpaid money
similarly accumulated on account of pari-mutuel tickets not
presented for payment.
(e) No licensee shall knowingly permit any minor, other
than an employee of such licensee or an owner, trainer,
jockey, driver, or employee thereof, to be admitted during a
racing program unless accompanied by a parent or guardian, or
any minor to be a patron of the pari-mutuel system of wagering
conducted or supervised by it. The admission of any
unaccompanied minor, other than an employee of the licensee or
an owner, trainer, jockey, driver, or employee thereof at a
race track is a Class C misdemeanor.
(f) Notwithstanding the other provisions of this Act, an
organization licensee may contract with an entity in another
state or country to permit any legal wagering entity in
another state or country to accept wagers solely within such
other state or country on races conducted by the organization
licensee in this State. Beginning January 1, 2000, these
wagers shall not be subject to State taxation. Until January
1, 2000, when the out-of-State entity conducts a pari-mutuel
pool separate from the organization licensee, a privilege tax
equal to 7 1/2% of all monies received by the organization
licensee from entities in other states or countries pursuant
to such contracts is imposed on the organization licensee, and
such privilege tax shall be remitted to the Department of

Revenue within 48 hours of receipt of the moneys from the
simulcast. When the out-of-State entity conducts a combined
pari-mutuel pool with the organization licensee, the tax shall
be 10% of all monies received by the organization licensee
with 25% of the receipts from this 10% tax to be distributed to
the county in which the race was conducted.
An organization licensee may permit one or more of its
races to be utilized for pari-mutuel wagering at one or more
locations in other states and may transmit audio and visual
signals of races the organization licensee conducts to one or
more locations outside the State or country and may also
permit pari-mutuel pools in other states or countries to be
combined with its gross or net wagering pools or with wagering
pools established by other states.
(g) A host track may accept interstate simulcast wagers on
horse races conducted in other states or countries and shall
control the number of signals and types of breeds of racing in
its simulcast program, subject to the disapproval of the
Board. The Board may prohibit a simulcast program only if it
finds that the simulcast program is clearly adverse to the
integrity of racing. The host track simulcast program shall
include the signal of live racing of all organization
licensees. All non-host licensees and advance deposit wagering
licensees shall carry the signal of and accept wagers on live
racing of all organization licensees. Advance deposit wagering
licensees shall not be permitted to accept out-of-state wagers

on any Illinois signal provided pursuant to this Section
without the approval and consent of the organization licensee
providing the signal. For one year after August 15, 2014 (the
effective date of Public Act 98-968), non-host licensees may
carry the host track simulcast program and shall accept wagers
on all races included as part of the simulcast program of horse
races conducted at race tracks located within North America
upon which wagering is permitted. For a period of one year
after August 15, 2014 (the effective date of Public Act
98-968), on horse races conducted at race tracks located
outside of North America, non-host licensees may accept wagers
on all races included as part of the simulcast program upon
which wagering is permitted. Beginning August 15, 2015 (one
year after the effective date of Public Act 98-968), non-host
licensees may carry the host track simulcast program and shall
accept wagers on all races included as part of the simulcast
program upon which wagering is permitted. All organization
licensees shall provide their live signal to all advance
deposit wagering licensees for a simulcast commission fee not
to exceed 6% of the advance deposit wagering licensee's
Illinois handle on the organization licensee's signal without
prior approval by the Board. The Board may adopt rules under
which it may permit simulcast commission fees in excess of 6%.
The Board shall adopt rules limiting the interstate commission
fees charged to an advance deposit wagering licensee. The
Board shall adopt rules regarding advance deposit wagering on

interstate simulcast races that shall reflect, among other
things, the General Assembly's desire to maximize revenues to
the State, horsemen purses, and organization licensees.
However, organization licensees providing live signals
pursuant to the requirements of this subsection (g) may
petition the Board to withhold their live signals from an
advance deposit wagering licensee if the organization licensee
discovers and the Board finds reputable or credible
information that the advance deposit wagering licensee is
under investigation by another state or federal governmental
agency, the advance deposit wagering licensee's license has
been suspended in another state, or the advance deposit
wagering licensee's license is in revocation proceedings in
another state. The organization licensee's provision of their
live signal to an advance deposit wagering licensee under this
subsection (g) pertains to wagers placed from within Illinois.
Advance deposit wagering licensees may place advance deposit
wagering terminals at wagering facilities as a convenience to
customers. The advance deposit wagering licensee shall not
charge or collect any fee from purses for the placement of the
advance deposit wagering terminals. The costs and expenses of
the host track and non-host licensees associated with
interstate simulcast wagering, other than the interstate
commission fee, shall be borne by the host track and all
non-host licensees incurring these costs. The interstate
commission fee shall not exceed 5% of Illinois handle on the

interstate simulcast race or races without prior approval of
the Board. The Board shall promulgate rules under which it may
permit interstate commission fees in excess of 5%. The
interstate commission fee and other fees charged by the
sending racetrack, including, but not limited to, satellite
decoder fees, shall be uniformly applied to the host track and
all non-host licensees.
Notwithstanding any other provision of this Act, an
organization licensee, with the consent of the horsemen
association representing the largest number of owners,
trainers, jockeys, or standardbred drivers who race horses at
that organization licensee's racing meeting, may maintain a
system whereby advance deposit wagering may take place or an
organization licensee, with the consent of the horsemen
association representing the largest number of owners,
trainers, jockeys, or standardbred drivers who race horses at
that organization licensee's racing meeting, may contract with
another person to carry out a system of advance deposit
wagering. Such consent may not be unreasonably withheld. Only
with respect to an appeal to the Board that consent for an
organization licensee that maintains its own advance deposit
wagering system is being unreasonably withheld, the Board
shall issue a final order within 30 days after initiation of
the appeal, and the organization licensee's advance deposit
wagering system may remain operational during that 30-day
period. The actions of any organization licensee who conducts

advance deposit wagering or any person who has a contract with
an organization licensee to conduct advance deposit wagering
who conducts advance deposit wagering on or after January 1,
2013 and prior to June 7, 2013 (the effective date of Public
Act 98-18) taken in reliance on the changes made to this
subsection (g) by Public Act 98-18 are hereby validated,
provided payment of all applicable pari-mutuel taxes are
remitted to the Board. All advance deposit wagers placed from
within Illinois must be placed through a Board-approved
advance deposit wagering licensee; no other entity may accept
an advance deposit wager from a person within Illinois. All
advance deposit wagering is subject to any rules adopted by
the Board. The Board may adopt rules necessary to regulate
advance deposit wagering through the use of emergency
rulemaking in accordance with Section 5-45 of the Illinois
Administrative Procedure Act. The General Assembly finds that
the adoption of rules to regulate advance deposit wagering is
deemed an emergency and necessary for the public interest,
safety, and welfare. An advance deposit wagering licensee may
retain all moneys as agreed to by contract with an
organization licensee. Any moneys retained by the organization
licensee from advance deposit wagering, not including moneys
retained by the advance deposit wagering licensee, shall be
paid 50% to the organization licensee's purse account and 50%
to the organization licensee. With the exception of any
organization licensee that is owned by a publicly traded

company that is incorporated in a state other than Illinois
and advance deposit wagering licensees under contract with
such organization licensees, organization licensees that
maintain advance deposit wagering systems and advance deposit
wagering licensees that contract with organization licensees
shall provide sufficiently detailed monthly accountings to the
horsemen association representing the largest number of
owners, trainers, jockeys, or standardbred drivers who race
horses at that organization licensee's racing meeting so that
the horsemen association, as an interested party, can confirm
the accuracy of the amounts paid to the purse account at the
horsemen association's affiliated organization licensee from
advance deposit wagering. If more than one breed races at the
same race track facility, then the 50% of the moneys to be paid
to an organization licensee's purse account shall be allocated
among all organization licensees' purse accounts operating at
that race track facility proportionately based on the actual
number of host days that the Board grants to that breed at that
race track facility in the current calendar year. To the
extent any fees from advance deposit wagering conducted in
Illinois for wagers in Illinois or other states have been
placed in escrow or otherwise withheld from wagers pending a
determination of the legality of advance deposit wagering, no
action shall be brought to declare such wagers or the
disbursement of any fees previously escrowed illegal.
(1) Between the hours of 6:30 a.m. and 6:30 p.m. an

inter-track wagering licensee other than the host track
may supplement the host track simulcast program with
additional simulcast races or race programs, provided that
between January 1 and the third Friday in February of any
year, inclusive, if no live thoroughbred racing is
occurring in Illinois during this period, only
thoroughbred races may be used for supplemental interstate
simulcast purposes. The Board shall withhold approval for
a supplemental interstate simulcast only if it finds that
the simulcast is clearly adverse to the integrity of
racing. A supplemental interstate simulcast may be
transmitted from an inter-track wagering licensee to its
affiliated non-host licensees. The interstate commission
fee for a supplemental interstate simulcast shall be paid
by the non-host licensee and its affiliated non-host
licensees receiving the simulcast.
(2) Between the hours of 6:30 p.m. and 6:30 a.m. an
inter-track wagering licensee other than the host track
may receive supplemental interstate simulcasts only with
the consent of the host track, except when the Board finds
that the simulcast is clearly adverse to the integrity of
racing. Consent granted under this paragraph (2) to any
inter-track wagering licensee shall be deemed consent to
all non-host licensees. The interstate commission fee for
the supplemental interstate simulcast shall be paid by all
participating non-host licensees.

(3) Each licensee conducting interstate simulcast
wagering may retain, subject to the payment of all
applicable taxes and the purses, an amount not to exceed
17% of all money wagered. If any licensee conducts the
pari-mutuel system wagering on races conducted at
racetracks in another state or country, each such race or
race program shall be considered a separate racing day for
the purpose of determining the daily handle and computing
the privilege tax of that daily handle as provided in
subsection (a) of Section 27. Until January 1, 2000, from
the sums permitted to be retained pursuant to this
subsection, each inter-track wagering location licensee
shall pay 1% of the pari-mutuel handle wagered on
simulcast wagering to the Horse Racing Tax Allocation
Fund, subject to the provisions of subparagraph (B) of
paragraph (11) of subsection (h) of Section 26 of this
Act.
(4) A licensee who receives an interstate simulcast
may combine its gross or net pools with pools at the
sending racetracks pursuant to rules established by the
Board. All licensees combining their gross pools at a
sending racetrack shall adopt the takeout percentages of
the sending racetrack. A licensee may also establish a
separate pool and takeout structure for wagering purposes
on races conducted at race tracks outside of the State of
Illinois. The licensee may permit pari-mutuel wagers

placed in other states or countries to be combined with
its gross or net wagering pools or other wagering pools.
(5) After the payment of the interstate commission fee
(except for the interstate commission fee on a
supplemental interstate simulcast, which shall be paid by
the host track and by each non-host licensee through the
host track) and all applicable State and local taxes,
except as provided in subsection (g) of Section 27 of this
Act, the remainder of moneys retained from simulcast
wagering pursuant to this subsection (g), and Section 26.2
shall be divided as follows:
(A) For interstate simulcast wagers made at a host
track, 50% to the host track and 50% to purses at the
host track.
(B) For wagers placed on interstate simulcast
races, supplemental simulcasts as defined in
subparagraphs (1) and (2), and separately pooled races
conducted outside of the State of Illinois made at a
non-host licensee, 25% to the host track, 25% to the
non-host licensee, and 50% to the purses at the host
track.
(6) Notwithstanding any provision in this Act to the
contrary, non-host licensees who derive their licenses
from a track located in a county with a population in
excess of 230,000 and that borders the Mississippi River
may receive supplemental interstate simulcast races at all

times subject to Board approval, which shall be withheld
only upon a finding that a supplemental interstate
simulcast is clearly adverse to the integrity of racing.
(7) Effective January 1, 2017, notwithstanding any
provision of this Act to the contrary, after payment of
all applicable State and local taxes and interstate
commission fees, non-host licensees who derive their
licenses from a track located in a county with a
population in excess of 230,000 and that borders the
Mississippi River shall retain 50% of the retention from
interstate simulcast wagers and shall pay 50% to purses at
the track from which the non-host licensee derives its
license.
(7.1) Notwithstanding any other provision of this Act
to the contrary, if no standardbred racing is conducted at
a racetrack located in Madison County during any calendar
year beginning on or after January 1, 2002, all moneys
derived by that racetrack from simulcast wagering and
inter-track wagering that (1) are to be used for purses
and (2) are generated between the hours of 6:30 p.m. and
6:30 a.m. during that calendar year shall be paid as
follows:
(A) If the licensee that conducts horse racing at
that racetrack requests from the Board at least as
many racing dates as were conducted in calendar year
2000, 80% shall be paid to its thoroughbred purse

account; and
(B) Twenty percent shall be deposited into the
Illinois Colt Stakes Purse Distribution Fund and shall
be paid to purses for standardbred races for Illinois
conceived and foaled horses conducted at any county
fairgrounds. The moneys deposited into the Fund
pursuant to this subparagraph (B) shall be deposited
within 2 weeks after the day they were generated,
shall be in addition to and not in lieu of any other
moneys paid to standardbred purses under this Act, and
shall not be commingled with other moneys paid into
that Fund. The moneys deposited pursuant to this
subparagraph (B) shall be allocated as provided by the
Department of Agriculture, with the advice and
assistance of the Illinois Standardbred Breeders Fund
Advisory Board.
(7.2) Notwithstanding any other provision of this Act
to the contrary, if no thoroughbred racing is conducted at
a racetrack located in Madison County during any calendar
year beginning on or after January 1, 2002, all moneys
derived by that racetrack from simulcast wagering and
inter-track wagering that (1) are to be used for purses
and (2) are generated between the hours of 6:30 a.m. and
6:30 p.m. during that calendar year shall be deposited as
follows:
(A) If the licensee that conducts horse racing at

that racetrack requests from the Board at least as
many racing dates as were conducted in calendar year
2000, 80% shall be deposited into its standardbred
purse account; and
(B) Twenty percent shall be deposited into the
Illinois Colt Stakes Purse Distribution Fund. Moneys
deposited into the Illinois Colt Stakes Purse
Distribution Fund pursuant to this subparagraph (B)
shall be paid to Illinois conceived and foaled
thoroughbred breeders' programs and to thoroughbred
purses for races conducted at any county fairgrounds
for Illinois conceived and foaled horses at the
discretion of the Department of Agriculture, with the
advice and assistance of the Illinois Thoroughbred
Breeders Fund Advisory Board. The moneys deposited
into the Illinois Colt Stakes Purse Distribution Fund
pursuant to this subparagraph (B) shall be deposited
within 2 weeks after the day they were generated,
shall be in addition to and not in lieu of any other
moneys paid to thoroughbred purses under this Act, and
shall not be commingled with other moneys deposited
into that Fund.
(7.3) (Blank).
(7.4) (Blank).
(8) Notwithstanding any provision in this Act to the
contrary, an organization licensee from a track located in

a county with a population in excess of 230,000 and that
borders the Mississippi River and its affiliated non-host
licensees shall not be entitled to share in any retention
generated on racing, inter-track wagering, or simulcast
wagering at any other Illinois wagering facility.
(8.1) Notwithstanding any provisions in this Act to
the contrary, if 2 organization licensees are conducting
standardbred race meetings concurrently between the hours
of 6:30 p.m. and 6:30 a.m., after payment of all
applicable State and local taxes and interstate commission
fees, the remainder of the amount retained from simulcast
wagering otherwise attributable to the host track and to
host track purses shall be split daily between the 2
organization licensees and the purses at the tracks of the
2 organization licensees, respectively, based on each
organization licensee's share of the total live handle for
that day, provided that this provision shall not apply to
any non-host licensee that derives its license from a
track located in a county with a population in excess of
230,000 and that borders the Mississippi River.
(9) (Blank).
(10) (Blank).
(11) (Blank).
(12) The Board shall have authority to compel all host
tracks to receive the simulcast of any or all races
conducted at the Springfield or DuQuoin State fairgrounds

and include all such races as part of their simulcast
programs.
(13) Notwithstanding any other provision of this Act,
in the event that the total Illinois pari-mutuel handle on
Illinois horse races at all wagering facilities in any
calendar year is less than 75% of the total Illinois
pari-mutuel handle on Illinois horse races at all such
wagering facilities for calendar year 1994, then each
wagering facility that has an annual total Illinois
pari-mutuel handle on Illinois horse races that is less
than 75% of the total Illinois pari-mutuel handle on
Illinois horse races at such wagering facility for
calendar year 1994, shall be permitted to receive, from
any amount otherwise payable to the purse account at the
race track with which the wagering facility is affiliated
in the succeeding calendar year, an amount equal to 2% of
the differential in total Illinois pari-mutuel handle on
Illinois horse races at the wagering facility between that
calendar year in question and 1994 provided, however, that
a wagering facility shall not be entitled to any such
payment until the Board certifies in writing to the
wagering facility the amount to which the wagering
facility is entitled and a schedule for payment of the
amount to the wagering facility, based on: (i) the racing
dates awarded to the race track affiliated with the
wagering facility during the succeeding year; (ii) the

sums available or anticipated to be available in the purse
account of the race track affiliated with the wagering
facility for purses during the succeeding year; and (iii)
the need to ensure reasonable purse levels during the
payment period. The Board's certification shall be
provided no later than January 31 of the succeeding year.
In the event a wagering facility entitled to a payment
under this paragraph (13) is affiliated with a race track
that maintains purse accounts for both standardbred and
thoroughbred racing, the amount to be paid to the wagering
facility shall be divided between each purse account pro
rata, based on the amount of Illinois handle on Illinois
standardbred and thoroughbred racing respectively at the
wagering facility during the previous calendar year.
Annually, the General Assembly shall appropriate
sufficient funds from the General Revenue Fund to the
Department of Agriculture for payment into the
thoroughbred and standardbred horse racing purse accounts
at Illinois pari-mutuel tracks. The amount paid to each
purse account shall be the amount certified by the
Illinois Racing Board in January to be transferred from
each account to each eligible racing facility in
accordance with the provisions of this Section. Beginning
in the calendar year in which an organization licensee
that is eligible to receive payment under this paragraph
(13) begins to receive funds from gaming pursuant to an

organization gaming license issued under the Illinois
Gambling Act, the amount of the payment due to all
wagering facilities licensed under that organization
licensee under this paragraph (13) shall be the amount
certified by the Board in January of that year. An
organization licensee and its related wagering facilities
shall no longer be able to receive payments under this
paragraph (13) beginning in the year subsequent to the
first year in which the organization licensee begins to
receive funds from gaming pursuant to an organization
gaming license issued under the Illinois Gambling Act.
(h) The Board may approve and license the conduct of
inter-track wagering and simulcast wagering by inter-track
wagering licensees and inter-track wagering location licensees
subject to the following terms and conditions:
(1) Any person licensed to conduct a race meeting (i)
at a track where 60 or more days of racing were conducted
during the immediately preceding calendar year or where
over the 5 immediately preceding calendar years an average
of 30 or more days of racing were conducted annually may be
issued an inter-track wagering license; (ii) at a track
located in a county that is bounded by the Mississippi
River, which has a population of less than 150,000
according to the 1990 decennial census, and an average of
at least 60 days of racing per year between 1985 and 1993
may be issued an inter-track wagering license; (iii) at a

track awarded standardbred racing dates; or (iv) at a
track located in Madison County that conducted at least
100 days of live racing during the immediately preceding
calendar year may be issued an inter-track wagering
license, unless a lesser schedule of live racing is the
result of (A) weather, unsafe track conditions, or other
acts of God; (B) an agreement between the organization
licensee and the associations representing the largest
number of owners, trainers, jockeys, or standardbred
drivers who race horses at that organization licensee's
racing meeting; or (C) a finding by the Board of
extraordinary circumstances and that it was in the best
interest of the public and the sport to conduct fewer than
100 days of live racing. Any such person having operating
control of the racing facility may receive inter-track
wagering location licenses. An eligible race track located
in a county that has a population of more than 230,000 and
that is bounded by the Mississippi River may establish up
to 9 inter-track wagering locations, an eligible race
track located in Stickney Township in Cook County may
establish up to 16 inter-track wagering locations, and an
eligible race track located in Palatine Township in Cook
County may establish up to 18 inter-track wagering
locations. An eligible racetrack conducting standardbred
racing may have up to 16 inter-track wagering locations.
An application for said license shall be filed with the

Board prior to such dates as may be fixed by the Board.
With an application for an inter-track wagering location
license there shall be delivered to the Board a certified
check or bank draft payable to the order of the Board for
an amount equal to $500. The application shall be on forms
prescribed and furnished by the Board. The application
shall comply with all other rules, regulations and
conditions imposed by the Board in connection therewith.
(2) The Board shall examine the applications with
respect to their conformity with this Act and the rules
and regulations imposed by the Board. If found to be in
compliance with the Act and rules and regulations of the
Board, the Board may then issue a license to conduct
inter-track wagering and simulcast wagering to such
applicant. All such applications shall be acted upon by
the Board at a meeting to be held on such date as may be
fixed by the Board.
(3) In granting licenses to conduct inter-track
wagering and simulcast wagering, the Board shall give due
consideration to the best interests of the public, of
horse racing, and of maximizing revenue to the State.
(4) Prior to the issuance of a license to conduct
inter-track wagering and simulcast wagering, the applicant
shall file with the Board a bond payable to the State of
Illinois in the sum of $50,000, executed by the applicant
and a surety company or companies authorized to do

business in this State, and conditioned upon (i) the
payment by the licensee of all taxes due under Section 27
or 27.1 and any other monies due and payable under this
Act, and (ii) distribution by the licensee, upon
presentation of the winning ticket or tickets, of all sums
payable to the patrons of pari-mutuel pools.
(5) Each license to conduct inter-track wagering and
simulcast wagering shall specify the person to whom it is
issued, the dates on which such wagering is permitted, and
the track or location where the wagering is to be
conducted.
(6) All wagering under such license is subject to this
Act and to the rules and regulations from time to time
prescribed by the Board, and every such license issued by
the Board shall contain a recital to that effect.
(7) An inter-track wagering licensee or inter-track
wagering location licensee may accept wagers at the track
or location where it is licensed, or as otherwise provided
under this Act.
(8) Inter-track wagering or simulcast wagering shall
not be conducted at any track less than 4 miles from a
track at which a racing meeting is in progress.
(8.1) Inter-track wagering location licensees who
derive their licenses from a particular organization
licensee shall conduct inter-track wagering and simulcast
wagering only at locations that are within 160 miles of

that race track where the particular organization licensee
is licensed to conduct racing. However, inter-track
wagering and simulcast wagering shall not be conducted by
those licensees at any location within 5 miles of any race
track at which a horse race meeting has been licensed in
the current year, unless the person having operating
control of such race track has given its written consent
to such inter-track wagering location licensees, which
consent must be filed with the Board at or prior to the
time application is made. In the case of any inter-track
wagering location licensee initially licensed after
December 31, 2013, inter-track wagering and simulcast
wagering shall not be conducted by those inter-track
wagering location licensees that are located outside the
City of Chicago at any location within 8 miles of any race
track at which a horse race meeting has been licensed in
the current year, unless the person having operating
control of such race track has given its written consent
to such inter-track wagering location licensees, which
consent must be filed with the Board at or prior to the
time application is made.
(8.2) Inter-track wagering or simulcast wagering shall
not be conducted by an inter-track wagering location
licensee at any location within 100 feet of an existing
church, an existing elementary or secondary public school,
or an existing elementary or secondary private school

registered with or recognized by the State Board of
Education. The distance of 100 feet shall be measured to
the nearest part of any building used for worship
services, education programs, or conducting inter-track
wagering by an inter-track wagering location licensee, and
not to property boundaries. However, inter-track wagering
or simulcast wagering may be conducted at a site within
100 feet of a church or school if such church or school has
been erected or established after the Board issues the
original inter-track wagering location license at the site
in question. Inter-track wagering location licensees may
conduct inter-track wagering and simulcast wagering only
in areas that are zoned for commercial or manufacturing
purposes or in areas for which a special use has been
approved by the local zoning authority. However, no
license to conduct inter-track wagering and simulcast
wagering shall be granted by the Board with respect to any
inter-track wagering location within the jurisdiction of
any local zoning authority which has, by ordinance or by
resolution, prohibited the establishment of an inter-track
wagering location within its jurisdiction. However,
inter-track wagering and simulcast wagering may be
conducted at a site if such ordinance or resolution is
enacted after the Board licenses the original inter-track
wagering location licensee for the site in question.
(9) (Blank).

(10) An inter-track wagering licensee or an
inter-track wagering location licensee may retain, subject
to the payment of the privilege taxes and the purses, an
amount not to exceed 17% of all money wagered. Each
program of racing conducted by each inter-track wagering
licensee or inter-track wagering location licensee shall
be considered a separate racing day for the purpose of
determining the daily handle and computing the privilege
tax or pari-mutuel tax on such daily handle as provided in
Section 27.
(10.1) Except as provided in subsection (g) of Section
27 of this Act, inter-track wagering location licensees
shall pay 1% of the pari-mutuel handle at each location to
the municipality in which such location is situated and 1%
of the pari-mutuel handle at each location to the county
in which such location is situated. In the event that an
inter-track wagering location licensee is situated in an
unincorporated area of a county, such licensee shall pay
2% of the pari-mutuel handle from such location to such
county. Inter-track wagering location licensees must pay
the handle percentage required under this paragraph to the
municipality and county no later than the 20th of the
month following the month such handle was generated.
(10.2) Notwithstanding any other provision of this
Act, with respect to inter-track wagering at a race track
located in a county that has a population of more than

230,000 and that is bounded by the Mississippi River ("the
first race track"), or at a facility operated by an
inter-track wagering licensee or inter-track wagering
location licensee that derives its license from the
organization licensee that operates the first race track,
on races conducted at the first race track or on races
conducted at another Illinois race track and
simultaneously televised to the first race track or to a
facility operated by an inter-track wagering licensee or
inter-track wagering location licensee that derives its
license from the organization licensee that operates the
first race track, those moneys shall be allocated as
follows:
(A) That portion of all moneys wagered on
standardbred racing that is required under this Act to
be paid to purses shall be paid to purses for
standardbred races.
(B) That portion of all moneys wagered on
thoroughbred racing that is required under this Act to
be paid to purses shall be paid to purses for
thoroughbred races.
(11) (A) After payment of the privilege or pari-mutuel
tax, any other applicable taxes, and the costs and
expenses in connection with the gathering, transmission,
and dissemination of all data necessary to the conduct of
inter-track wagering, the remainder of the monies retained

under either Section 26 or Section 26.2 of this Act by the
inter-track wagering licensee on inter-track wagering
shall be allocated with 50% to be split between the 2
participating licensees and 50% to purses, except that an
inter-track wagering licensee that derives its license
from a track located in a county with a population in
excess of 230,000 and that borders the Mississippi River
shall not divide any remaining retention with the Illinois
organization licensee that provides the race or races, and
an inter-track wagering licensee that accepts wagers on
races conducted by an organization licensee that conducts
a race meet in a county with a population in excess of
230,000 and that borders the Mississippi River shall not
divide any remaining retention with that organization
licensee.
(B) From the sums permitted to be retained pursuant to
this Act each inter-track wagering location licensee shall
pay (i) the privilege or pari-mutuel tax to the State;
(ii) 4.75% of the pari-mutuel handle on inter-track
wagering at such location on races as purses, except that
an inter-track wagering location licensee that derives its
license from a track located in a county with a population
in excess of 230,000 and that borders the Mississippi
River shall retain all purse moneys for its own purse
account consistent with distribution set forth in this
subsection (h), and inter-track wagering location

licensees that accept wagers on races conducted by an
organization licensee located in a county with a
population in excess of 230,000 and that borders the
Mississippi River shall distribute all purse moneys to
purses at the operating host track; (iii) until January 1,
2000, except as provided in subsection (g) of Section 27
of this Act, 1% of the pari-mutuel handle wagered on
inter-track wagering and simulcast wagering at each
inter-track wagering location licensee facility to the
Horse Racing Tax Allocation Fund, provided that, to the
extent the total amount collected and distributed to the
Horse Racing Tax Allocation Fund under this subsection (h)
during any calendar year exceeds the amount collected and
distributed to the Horse Racing Tax Allocation Fund during
calendar year 1994, that excess amount shall be
redistributed (I) to all inter-track wagering location
licensees, based on each licensee's pro rata share of the
total handle from inter-track wagering and simulcast
wagering for all inter-track wagering location licensees
during the calendar year in which this provision is
applicable; then (II) the amounts redistributed to each
inter-track wagering location licensee as described in
subpart (I) shall be further redistributed as provided in
subparagraph (B) of paragraph (5) of subsection (g) of
this Section 26 provided first, that the shares of those
amounts, which are to be redistributed to the host track

or to purses at the host track under subparagraph (B) of
paragraph (5) of subsection (g) of this Section 26 shall
be redistributed based on each host track's pro rata share
of the total inter-track wagering and simulcast wagering
handle at all host tracks during the calendar year in
question, and second, that any amounts redistributed as
described in part (I) to an inter-track wagering location
licensee that accepts wagers on races conducted by an
organization licensee that conducts a race meet in a
county with a population in excess of 230,000 and that
borders the Mississippi River shall be further
redistributed, effective January 1, 2017, as provided in
paragraph (7) of subsection (g) of this Section 26, with
the portion of that further redistribution allocated to
purses at that organization licensee to be divided between
standardbred purses and thoroughbred purses based on the
amounts otherwise allocated to purses at that organization
licensee during the calendar year in question; and (iv) 8%
of the pari-mutuel handle on inter-track wagering wagered
at such location to satisfy all costs and expenses of
conducting its wagering. The remainder of the monies
retained by the inter-track wagering location licensee
shall be allocated 40% to the location licensee and 60% to
the organization licensee which provides the Illinois
races to the location, except that an inter-track wagering
location licensee that derives its license from a track

located in a county with a population in excess of 230,000
and that borders the Mississippi River shall not divide
any remaining retention with the organization licensee
that provides the race or races and an inter-track
wagering location licensee that accepts wagers on races
conducted by an organization licensee that conducts a race
meet in a county with a population in excess of 230,000 and
that borders the Mississippi River shall not divide any
remaining retention with the organization licensee.
Notwithstanding the provisions of clauses (ii) and (iv) of
this paragraph, in the case of the additional inter-track
wagering location licenses authorized under paragraph (1)
of this subsection (h) by Public Act 87-110, those
licensees shall pay the following amounts as purses:
during the first 12 months the licensee is in operation,
5.25% of the pari-mutuel handle wagered at the location on
races; during the second 12 months, 5.25%; during the
third 12 months, 5.75%; during the fourth 12 months,
6.25%; and during the fifth 12 months and thereafter,
6.75%. The following amounts shall be retained by the
licensee to satisfy all costs and expenses of conducting
its wagering: during the first 12 months the licensee is
in operation, 8.25% of the pari-mutuel handle wagered at
the location; during the second 12 months, 8.25%; during
the third 12 months, 7.75%; during the fourth 12 months,
7.25%; and during the fifth 12 months and thereafter,

6.75%. For additional inter-track wagering location
licensees authorized under Public Act 89-16, purses for
the first 12 months the licensee is in operation shall be
5.75% of the pari-mutuel wagered at the location, purses
for the second 12 months the licensee is in operation
shall be 6.25%, and purses thereafter shall be 6.75%. For
additional inter-track location licensees authorized under
Public Act 89-16, the licensee shall be allowed to retain
to satisfy all costs and expenses: 7.75% of the
pari-mutuel handle wagered at the location during its
first 12 months of operation, 7.25% during its second 12
months of operation, and 6.75% thereafter.
(C) There is hereby created the Horse Racing Tax
Allocation Fund which shall remain in existence until
December 31, 1999. Moneys remaining in the Fund after
December 31, 1999 shall be paid into the General Revenue
Fund. Until January 1, 2000, all monies paid into the
Horse Racing Tax Allocation Fund pursuant to this
paragraph (11) by inter-track wagering location licensees
located in park districts of 500,000 population or less,
or in a municipality that is not included within any park
district but is included within a conservation district
and is the county seat of a county that (i) is contiguous
to the state of Indiana and (ii) has a 1990 population of
88,257 according to the United States Bureau of the
Census, and operating on May 1, 1994 shall be allocated by

appropriation as follows:
Two-sevenths to the Department of Agriculture.
Fifty percent of this two-sevenths shall be used to
promote the Illinois horse racing and breeding
industry, and shall be distributed by the Department
of Agriculture upon the advice of a 9-member committee
appointed by the Governor consisting of the following
members: the Director of Agriculture, who shall serve
as chairman; 2 representatives of organization
licensees conducting thoroughbred race meetings in
this State, recommended by those licensees; 2
representatives of organization licensees conducting
standardbred race meetings in this State, recommended
by those licensees; a representative of the Illinois
Thoroughbred Breeders and Owners Foundation,
recommended by that Foundation; a representative of
the Illinois Standardbred Owners and Breeders
Association, recommended by that Association; a
representative of the Horsemen's Benevolent and
Protective Association or any successor organization
thereto established in Illinois comprised of the
largest number of owners and trainers, recommended by
that Association or that successor organization; and a
representative of the Illinois Harness Horsemen's
Association, recommended by that Association.
Committee members shall serve for terms of 2 years,

commencing January 1 of each even-numbered year. If a
representative of any of the above-named entities has
not been recommended by January 1 of any even-numbered
year, the Governor shall appoint a committee member to
fill that position. Committee members shall receive no
compensation for their services as members but shall
be reimbursed for all actual and necessary expenses
and disbursements incurred in the performance of their
official duties. The remaining 50% of this
two-sevenths shall be distributed to county fairs for
premiums and rehabilitation as set forth in the
Agricultural Fair Act;
Four-sevenths to park districts or municipalities
that do not have a park district of 500,000 population
or less for museum purposes (if an inter-track
wagering location licensee is located in such a park
district) or to conservation districts for museum
purposes (if an inter-track wagering location licensee
is located in a municipality that is not included
within any park district but is included within a
conservation district and is the county seat of a
county that (i) is contiguous to the state of Indiana
and (ii) has a 1990 population of 88,257 according to
the United States Bureau of the Census, except that if
the conservation district does not maintain a museum,
the monies shall be allocated equally between the

county and the municipality in which the inter-track
wagering location licensee is located for general
purposes) or to a municipal recreation board for park
purposes (if an inter-track wagering location licensee
is located in a municipality that is not included
within any park district and park maintenance is the
function of the municipal recreation board and the
municipality has a 1990 population of 9,302 according
to the United States Bureau of the Census); provided
that the monies are distributed to each park district
or conservation district or municipality that does not
have a park district in an amount equal to
four-sevenths of the amount collected by each
inter-track wagering location licensee within the park
district or conservation district or municipality for
the Fund. Monies that were paid into the Horse Racing
Tax Allocation Fund before August 9, 1991 (the
effective date of Public Act 87-110) by an inter-track
wagering location licensee located in a municipality
that is not included within any park district but is
included within a conservation district as provided in
this paragraph shall, as soon as practicable after
August 9, 1991 (the effective date of Public Act
87-110), be allocated and paid to that conservation
district as provided in this paragraph. Any park
district or municipality not maintaining a museum may

deposit the monies in the corporate fund of the park
district or municipality where the inter-track
wagering location is located, to be used for general
purposes; and
One-seventh to the Agricultural Premium Fund to be
used for distribution to agricultural home economics
extension councils in accordance with "An Act in
relation to additional support and finances for the
Agricultural and Home Economic Extension Councils in
the several counties of this State and making an
appropriation therefor", approved July 24, 1967.
Until January 1, 2000, all other monies paid into the
Horse Racing Tax Allocation Fund pursuant to this
paragraph (11) shall be allocated by appropriation as
follows:
Two-sevenths to the Department of Agriculture.
Fifty percent of this two-sevenths shall be used to
promote the Illinois horse racing and breeding
industry, and shall be distributed by the Department
of Agriculture upon the advice of a 9-member committee
appointed by the Governor consisting of the following
members: the Director of Agriculture, who shall serve
as chairman; 2 representatives of organization
licensees conducting thoroughbred race meetings in
this State, recommended by those licensees; 2
representatives of organization licensees conducting

standardbred race meetings in this State, recommended
by those licensees; a representative of the Illinois
Thoroughbred Breeders and Owners Foundation,
recommended by that Foundation; a representative of
the Illinois Standardbred Owners and Breeders
Association, recommended by that Association; a
representative of the Horsemen's Benevolent and
Protective Association or any successor organization
thereto established in Illinois comprised of the
largest number of owners and trainers, recommended by
that Association or that successor organization; and a
representative of the Illinois Harness Horsemen's
Association, recommended by that Association.
Committee members shall serve for terms of 2 years,
commencing January 1 of each even-numbered year. If a
representative of any of the above-named entities has
not been recommended by January 1 of any even-numbered
year, the Governor shall appoint a committee member to
fill that position. Committee members shall receive no
compensation for their services as members but shall
be reimbursed for all actual and necessary expenses
and disbursements incurred in the performance of their
official duties. The remaining 50% of this
two-sevenths shall be distributed to county fairs for
premiums and rehabilitation as set forth in the
Agricultural Fair Act;

Four-sevenths to museums and aquariums located in
park districts of over 500,000 population; provided
that the monies are distributed in accordance with the
previous year's distribution of the maintenance tax
for such museums and aquariums as provided in Section
2 of the Park District Aquarium and Museum Act; and
One-seventh to the Agricultural Premium Fund to be
used for distribution to agricultural home economics
extension councils in accordance with "An Act in
relation to additional support and finances for the
Agricultural and Home Economic Extension Councils in
the several counties of this State and making an
appropriation therefor", approved July 24, 1967. This
subparagraph (C) shall be inoperative and of no force
and effect on and after January 1, 2000.
(D) Except as provided in paragraph (11) of this
subsection (h), with respect to purse allocation from
inter-track wagering, the monies so retained shall be
divided as follows:
(i) If the inter-track wagering licensee,
except an inter-track wagering licensee that
derives its license from an organization licensee
located in a county with a population in excess of
230,000 and bounded by the Mississippi River, is
not conducting its own race meeting during the
same dates, then the entire purse allocation shall

be to purses at the track where the races wagered
on are being conducted.
(ii) If the inter-track wagering licensee,
except an inter-track wagering licensee that
derives its license from an organization licensee
located in a county with a population in excess of
230,000 and bounded by the Mississippi River, is
also conducting its own race meeting during the
same dates, then the purse allocation shall be as
follows: 50% to purses at the track where the
races wagered on are being conducted; 50% to
purses at the track where the inter-track wagering
licensee is accepting such wagers.
(iii) If the inter-track wagering is being
conducted by an inter-track wagering location
licensee, except an inter-track wagering location
licensee that derives its license from an
organization licensee located in a county with a
population in excess of 230,000 and bounded by the
Mississippi River, the entire purse allocation for
Illinois races shall be to purses at the track
where the race meeting being wagered on is being
held.
(12) The Board shall have all powers necessary and
proper to fully supervise and control the conduct of
inter-track wagering and simulcast wagering by inter-track

wagering licensees and inter-track wagering location
licensees, including, but not limited to, the following:
(A) The Board is vested with power to promulgate
reasonable rules and regulations for the purpose of
administering the conduct of this wagering and to
prescribe reasonable rules, regulations and conditions
under which such wagering shall be held and conducted.
Such rules and regulations are to provide for the
prevention of practices detrimental to the public
interest and for the best interests of said wagering
and to impose penalties for violations thereof.
(B) The Board, and any person or persons to whom it
delegates this power, is vested with the power to
enter the facilities of any licensee to determine
whether there has been compliance with the provisions
of this Act and the rules and regulations relating to
the conduct of such wagering.
(C) The Board, and any person or persons to whom it
delegates this power, may eject or exclude from any
licensee's facilities, any person whose conduct or
reputation is such that his presence on such premises
may, in the opinion of the Board, call into the
question the honesty and integrity of, or interfere
with the orderly conduct of such wagering; provided,
however, that no person shall be excluded or ejected
from such premises solely on the grounds of race,

color, creed, national origin, ancestry, or sex.
(D) (Blank).
(E) The Board is vested with the power to appoint
delegates to execute any of the powers granted to it
under this Section for the purpose of administering
this wagering and any rules and regulations
promulgated in accordance with this Act.
(F) The Board shall name and appoint a State
director of this wagering who shall be a
representative of the Board and whose duty it shall be
to supervise the conduct of inter-track wagering as
may be provided for by the rules and regulations of the
Board; such rules and regulation shall specify the
method of appointment and the Director's powers,
authority and duties.
(G) The Board is vested with the power to impose
civil penalties of up to $5,000 against individuals
and up to $10,000 against licensees for each violation
of any provision of this Act relating to the conduct of
this wagering, any rules adopted by the Board, any
order of the Board or any other action which in the
Board's discretion, is a detriment or impediment to
such wagering.
(13) The Department of Agriculture may enter into
agreements with licensees authorizing such licensees to
conduct inter-track wagering on races to be held at the

licensed race meetings conducted by the Department of
Agriculture. Such agreement shall specify the races of the
Department of Agriculture's licensed race meeting upon
which the licensees will conduct wagering. In the event
that a licensee conducts inter-track pari-mutuel wagering
on races from the Illinois State Fair or DuQuoin State
Fair which are in addition to the licensee's previously
approved racing program, those races shall be considered a
separate racing day for the purpose of determining the
daily handle and computing the privilege or pari-mutuel
tax on that daily handle as provided in Sections 27 and
27.1. Such agreements shall be approved by the Board
before such wagering may be conducted. In determining
whether to grant approval, the Board shall give due
consideration to the best interests of the public and of
horse racing. The provisions of paragraphs (1), (8),
(8.1), and (8.2) of subsection (h) of this Section which
are not specified in this paragraph (13) shall not apply
to licensed race meetings conducted by the Department of
Agriculture at the Illinois State Fair in Sangamon County
or the DuQuoin State Fair in Perry County, or to any
wagering conducted on those race meetings.
(14) An inter-track wagering location license
authorized by the Board in 2016 that is owned and operated
by a race track in Rock Island County shall be transferred
to a commonly owned race track in Cook County on August 12,

2016 (the effective date of Public Act 99-757). The
licensee shall retain its status in relation to purse
distribution under paragraph (11) of this subsection (h)
following the transfer to the new entity. The pari-mutuel
tax credit under Section 32.1 shall not be applied toward
any pari-mutuel tax obligation of the inter-track wagering
location licensee of the license that is transferred under
this paragraph (14).
(i) Notwithstanding the other provisions of this Act, the
conduct of wagering at wagering facilities is authorized on
all days, except as limited by subsection (b) of Section 19 of
this Act.
(Source: P.A. 100-201, eff. 8-18-17; 100-627, eff. 7-20-18;
100-1152, eff. 12-14-18; 101-31, eff. 6-28-19; 101-52, eff.
7-12-19; 101-81, eff. 7-12-19; 101-109, eff. 7-19-19; revised
9-27-19.)
(230 ILCS 5/27) (from Ch. 8, par. 37-27)
Sec. 27. (a) In addition to the organization license fee
provided by this Act, until January 1, 2000, a graduated
privilege tax is hereby imposed for conducting the pari-mutuel
system of wagering permitted under this Act. Until January 1,
2000, except as provided in subsection (g) of Section 27 of
this Act, all of the breakage of each racing day held by any
licensee in the State shall be paid to the State. Until January
1, 2000, such daily graduated privilege tax shall be paid by

the licensee from the amount permitted to be retained under
this Act. Until January 1, 2000, each day's graduated
privilege tax, breakage, and Horse Racing Tax Allocation funds
shall be remitted to the Department of Revenue within 48 hours
after the close of the racing day upon which it is assessed or
within such other time as the Board prescribes. The privilege
tax hereby imposed, until January 1, 2000, shall be a flat tax
at the rate of 2% of the daily pari-mutuel handle except as
provided in Section 27.1.
In addition, every organization licensee, except as
provided in Section 27.1 of this Act, which conducts multiple
wagering shall pay, until January 1, 2000, as a privilege tax
on multiple wagers an amount equal to 1.25% of all moneys
wagered each day on such multiple wagers, plus an additional
amount equal to 3.5% of the amount wagered each day on any
other multiple wager which involves a single betting interest
on 3 or more horses. The licensee shall remit the amount of
such taxes to the Department of Revenue within 48 hours after
the close of the racing day on which it is assessed or within
such other time as the Board prescribes.
This subsection (a) shall be inoperative and of no force
and effect on and after January 1, 2000.
(a-5) Beginning on January 1, 2000, a flat pari-mutuel tax
at the rate of 1.5% of the daily pari-mutuel handle is imposed
at all pari-mutuel wagering facilities and on advance deposit
wagering from a location other than a wagering facility,

except as otherwise provided for in this subsection (a-5). In
addition to the pari-mutuel tax imposed on advance deposit
wagering pursuant to this subsection (a-5), beginning on
August 24, 2012 (the effective date of Public Act 97-1060), an
additional pari-mutuel tax at the rate of 0.25% shall be
imposed on advance deposit wagering. Until August 25, 2012,
the additional 0.25% pari-mutuel tax imposed on advance
deposit wagering by Public Act 96-972 shall be deposited into
the Quarter Horse Purse Fund, which shall be created as a
non-appropriated trust fund administered by the Board for
grants to thoroughbred organization licensees for payment of
purses for quarter horse races conducted by the organization
licensee. Beginning on August 26, 2012, the additional 0.25%
pari-mutuel tax imposed on advance deposit wagering shall be
deposited into the Standardbred Purse Fund, which shall be
created as a non-appropriated trust fund administered by the
Board, for grants to the standardbred organization licensees
for payment of purses for standardbred horse races conducted
by the organization licensee. Thoroughbred organization
licensees may petition the Board to conduct quarter horse
racing and receive purse grants from the Quarter Horse Purse
Fund. The Board shall have complete discretion in distributing
the Quarter Horse Purse Fund to the petitioning organization
licensees. Beginning on July 26, 2010 (the effective date of
Public Act 96-1287), a pari-mutuel tax at the rate of 0.75% of
the daily pari-mutuel handle is imposed at a pari-mutuel

facility whose license is derived from a track located in a
county that borders the Mississippi River and conducted live
racing in the previous year. The pari-mutuel tax imposed by
this subsection (a-5) shall be remitted to the Department of
Revenue within 48 hours after the close of the racing day upon
which it is assessed or within such other time as the Board
prescribes.
(a-10) Beginning on the date when an organization licensee
begins conducting gaming pursuant to an organization gaming
license, the following pari-mutuel tax is imposed upon an
organization licensee on Illinois races at the licensee's
racetrack:
1.5% of the pari-mutuel handle at or below the average
daily pari-mutuel handle for 2011.
2% of the pari-mutuel handle above the average daily
pari-mutuel handle for 2011 up to 125% of the average
daily pari-mutuel handle for 2011.
2.5% of the pari-mutuel handle 125% or more above the
average daily pari-mutuel handle for 2011 up to 150% of
the average daily pari-mutuel handle for 2011.
3% of the pari-mutuel handle 150% or more above the
average daily pari-mutuel handle for 2011 up to 175% of
the average daily pari-mutuel handle for 2011.
3.5% of the pari-mutuel handle 175% or more above the
average daily pari-mutuel handle for 2011.
The pari-mutuel tax imposed by this subsection (a-10)

shall be remitted to the Board within 48 hours after the close
of the racing day upon which it is assessed or within such
other time as the Board prescribes.
(b) On or before December 31, 1999, in the event that any
organization licensee conducts 2 separate programs of races on
any day, each such program shall be considered a separate
racing day for purposes of determining the daily handle and
computing the privilege tax on such daily handle as provided
in subsection (a) of this Section.
(c) Licensees shall at all times keep accurate books and
records of all monies wagered on each day of a race meeting and
of the taxes paid to the Department of Revenue under the
provisions of this Section. The Board or its duly authorized
representative or representatives shall at all reasonable
times have access to such records for the purpose of examining
and checking the same and ascertaining whether the proper
amount of taxes is being paid as provided. The Board shall
require verified reports and a statement of the total of all
monies wagered daily at each wagering facility upon which the
taxes are assessed and may prescribe forms upon which such
reports and statement shall be made.
(d) Before a license is issued or re-issued, the licensee
shall post a bond in the sum of $500,000 to the State of
Illinois. The bond shall be used to guarantee that the
licensee faithfully makes the payments, keeps the books and
records, and makes reports, and conducts games of chance in

conformity with this Act and the rules adopted by the Board.
The bond shall not be canceled by a surety on less than 30
days' notice in writing to the Board. If a bond is canceled and
the licensee fails to file a new bond with the Board in the
required amount on or before the effective date of
cancellation, the licensee's license shall be revoked. The
total and aggregate liability of the surety on the bond is
limited to the amount specified in the bond.
(e) No other license fee, privilege tax, excise tax, or
racing fee, except as provided in this Act, shall be assessed
or collected from any such licensee by the State.
(f) No other license fee, privilege tax, excise tax or
racing fee shall be assessed or collected from any such
licensee by units of local government except as provided in
paragraph 10.1 of subsection (h) and subsection (f) of Section
26 of this Act. However, any municipality that has a Board
licensed horse race meeting at a race track wholly within its
corporate boundaries or a township that has a Board licensed
horse race meeting at a race track wholly within the
unincorporated area of the township may charge a local
amusement tax not to exceed 10¢ per admission to such horse
race meeting by the enactment of an ordinance. However, any
municipality or county that has a Board licensed inter-track
wagering location facility wholly within its corporate
boundaries may each impose an admission fee not to exceed
$1.00 per admission to such inter-track wagering location

facility, so that a total of not more than $2.00 per admission
may be imposed. Except as provided in subparagraph (g) of
Section 27 of this Act, the inter-track wagering location
licensee shall collect any and all such fees. Inter-track
wagering location licensees must pay the admission fees
required under this subsection (f) to the municipality and
county no later than the 20th of the month following the month
such admission fees were imposed. as the Board prescribes
(g) Notwithstanding any provision in this Act to the
contrary, if in any calendar year the total taxes and fees from
wagering on live racing and from inter-track wagering required
to be collected from licensees and distributed under this Act
to all State and local governmental authorities exceeds the
amount of such taxes and fees distributed to each State and
local governmental authority to which each State and local
governmental authority was entitled under this Act for
calendar year 1994, then the first $11 million of that excess
amount shall be allocated at the earliest possible date for
distribution as purse money for the succeeding calendar year.
Upon reaching the 1994 level, and until the excess amount of
taxes and fees exceeds $11 million, the Board shall direct all
licensees to cease paying the subject taxes and fees and the
Board shall direct all licensees to allocate any such excess
amount for purses as follows:
(i) the excess amount shall be initially divided
between thoroughbred and standardbred purses based on the

thoroughbred's and standardbred's respective percentages
of total Illinois live wagering in calendar year 1994;
(ii) each thoroughbred and standardbred organization
licensee issued an organization licensee in that
succeeding allocation year shall be allocated an amount
equal to the product of its percentage of total Illinois
live thoroughbred or standardbred wagering in calendar
year 1994 (the total to be determined based on the sum of
1994 on-track wagering for all organization licensees
issued organization licenses in both the allocation year
and the preceding year) multiplied by the total amount
allocated for standardbred or thoroughbred purses,
provided that the first $1,500,000 of the amount allocated
to standardbred purses under item (i) shall be allocated
to the Department of Agriculture to be expended with the
assistance and advice of the Illinois Standardbred
Breeders Funds Advisory Board for the purposes listed in
subsection (g) of Section 31 of this Act, before the
amount allocated to standardbred purses under item (i) is
allocated to standardbred organization licensees in the
succeeding allocation year.
To the extent the excess amount of taxes and fees to be
collected and distributed to State and local governmental
authorities exceeds $11 million, that excess amount shall be
collected and distributed to State and local authorities as
provided for under this Act.

(Source: P.A. 100-627, eff. 7-20-18; 101-31, eff. 6-28-19;
101-52, eff. 7-12-19; revised 8-28-19.)
(230 ILCS 5/31) (from Ch. 8, par. 37-31)
Sec. 31. (a) The General Assembly declares that it is the
policy of this State to encourage the breeding of standardbred
horses in this State and the ownership of such horses by
residents of this State in order to provide for: sufficient
numbers of high quality standardbred horses to participate in
harness racing meetings in this State, and to establish and
preserve the agricultural and commercial benefits of such
breeding and racing industries to the State of Illinois. It is
the intent of the General Assembly to further this policy by
the provisions of this Section of this Act.
(b) Each organization licensee conducting a harness racing
meeting pursuant to this Act shall provide for at least two
races each race program limited to Illinois conceived and
foaled horses. A minimum of 6 races shall be conducted each
week limited to Illinois conceived and foaled horses. No
horses shall be permitted to start in such races unless duly
registered under the rules of the Department of Agriculture.
(b-5) Organization licensees, not including the Illinois
State Fair or the DuQuoin State Fair, shall provide stake
races and early closer races for Illinois conceived and foaled
horses so that purses distributed for such races shall be no
less than 17% of total purses distributed for harness racing

in that calendar year in addition to any stakes payments and
starting fees contributed by horse owners.
(b-10) Each organization licensee conducting a harness
racing meeting pursuant to this Act shall provide an owner
award to be paid from the purse account equal to 12% of the
amount earned by Illinois conceived and foaled horses
finishing in the first 3 positions in races that are not
restricted to Illinois conceived and foaled horses. The owner
awards shall not be paid on races below the $10,000 claiming
class.
(c) Conditions of races under subsection (b) shall be
commensurate with past performance, quality and class of
Illinois conceived and foaled horses available. If, however,
sufficient competition cannot be had among horses of that
class on any day, the races may, with consent of the Board, be
eliminated for that day and substitute races provided.
(d) There is hereby created a special fund of the State
Treasury to be known as the Illinois Standardbred Breeders
Fund. Beginning on June 28, 2019 (the effective date of Public
Act 101-31) this amendatory Act of the 101st General Assembly,
the Illinois Standardbred Breeders Fund shall become a
non-appropriated trust fund held separate and apart from State
moneys. Expenditures from this Fund shall no longer be subject
to appropriation.
During the calendar year 1981, and each year thereafter,
except as provided in subsection (g) of Section 27 of this Act,

eight and one-half per cent of all the monies received by the
State as privilege taxes on harness racing meetings shall be
paid into the Illinois Standardbred Breeders Fund.
(e) Notwithstanding any provision of law to the contrary,
amounts deposited into the Illinois Standardbred Breeders Fund
from revenues generated by gaming pursuant to an organization
gaming license issued under the Illinois Gambling Act after
June 28, 2019 (the effective date of Public Act 101-31) this
amendatory Act of the 101st General Assembly shall be in
addition to tax and fee amounts paid under this Section for
calendar year 2019 and thereafter. The Illinois Standardbred
Breeders Fund shall be administered by the Department of
Agriculture with the assistance and advice of the Advisory
Board created in subsection (f) of this Section.
(f) The Illinois Standardbred Breeders Fund Advisory Board
is hereby created. The Advisory Board shall consist of the
Director of the Department of Agriculture, who shall serve as
Chairman; the Superintendent of the Illinois State Fair; a
member of the Illinois Racing Board, designated by it; a
representative of the largest association of Illinois
standardbred owners and breeders, recommended by it; a
representative of a statewide association representing
agricultural fairs in Illinois, recommended by it, such
representative to be from a fair at which Illinois conceived
and foaled racing is conducted; a representative of the
organization licensees conducting harness racing meetings,

recommended by them; a representative of the Breeder's
Committee of the association representing the largest number
of standardbred owners, breeders, trainers, caretakers, and
drivers, recommended by it; and a representative of the
association representing the largest number of standardbred
owners, breeders, trainers, caretakers, and drivers,
recommended by it. Advisory Board members shall serve for 2
years commencing January 1 of each odd numbered year. If
representatives of the largest association of Illinois
standardbred owners and breeders, a statewide association of
agricultural fairs in Illinois, the association representing
the largest number of standardbred owners, breeders, trainers,
caretakers, and drivers, a member of the Breeder's Committee
of the association representing the largest number of
standardbred owners, breeders, trainers, caretakers, and
drivers, and the organization licensees conducting harness
racing meetings have not been recommended by January 1 of each
odd numbered year, the Director of the Department of
Agriculture shall make an appointment for the organization
failing to so recommend a member of the Advisory Board.
Advisory Board members shall receive no compensation for their
services as members but shall be reimbursed for all actual and
necessary expenses and disbursements incurred in the execution
of their official duties.
(g) Monies expended from the Illinois Standardbred
Breeders Fund shall be expended by the Department of

Agriculture, with the assistance and advice of the Illinois
Standardbred Breeders Fund Advisory Board for the following
purposes only:
1. To provide purses for races limited to Illinois
conceived and foaled horses at the State Fair and the
DuQuoin State Fair.
2. To provide purses for races limited to Illinois
conceived and foaled horses at county fairs.
3. To provide purse supplements for races limited to
Illinois conceived and foaled horses conducted by
associations conducting harness racing meetings.
4. No less than 75% of all monies in the Illinois
Standardbred Breeders Fund shall be expended for purses in
1, 2, and 3 as shown above.
5. In the discretion of the Department of Agriculture
to provide awards to harness breeders of Illinois
conceived and foaled horses which win races conducted by
organization licensees conducting harness racing meetings.
A breeder is the owner of a mare at the time of conception.
No more than 10% of all monies appropriated from the
Illinois Standardbred Breeders Fund shall be expended for
such harness breeders awards. No more than 25% of the
amount expended for harness breeders awards shall be
expended for expenses incurred in the administration of
such harness breeders awards.
6. To pay for the improvement of racing facilities

located at the State Fair and County fairs.
7. To pay the expenses incurred in the administration
of the Illinois Standardbred Breeders Fund.
8. To promote the sport of harness racing, including
grants up to a maximum of $7,500 per fair per year for
conducting pari-mutuel wagering during the advertised
dates of a county fair.
9. To pay up to $50,000 annually for the Department of
Agriculture to conduct drug testing at county fairs racing
standardbred horses.
(h) The Illinois Standardbred Breeders Fund is not subject
to administrative charges or chargebacks, including, but not
limited to, those authorized under Section 8h of the State
Finance Act.
(i) A sum equal to 13% of the first prize money of the
gross purse won by an Illinois conceived and foaled horse
shall be paid 50% by the organization licensee conducting the
horse race meeting to the breeder of such winning horse from
the organization licensee's account and 50% from the purse
account of the licensee. Such payment shall not reduce any
award to the owner of the horse or reduce the taxes payable
under this Act. Such payment shall be delivered by the
organization licensee at the end of each quarter.
(j) The Department of Agriculture shall, by rule, with the
assistance and advice of the Illinois Standardbred Breeders
Fund Advisory Board:

1. Qualify stallions for Illinois Standardbred
Breeders Fund breeding; such stallion shall be owned by a
resident of the State of Illinois or by an Illinois
corporation all of whose shareholders, directors, officers
and incorporators are residents of the State of Illinois.
Such stallion shall stand for service at and within the
State of Illinois at the time of a foal's conception, and
such stallion must not stand for service at any place, nor
may semen from such stallion be transported, outside the
State of Illinois during that calendar year in which the
foal is conceived and that the owner of the stallion was
for the 12 months prior, a resident of Illinois. However,
from January 1, 2018 until January 1, 2022, semen from an
Illinois stallion may be transported outside the State of
Illinois. The articles of agreement of any partnership,
joint venture, limited partnership, syndicate, association
or corporation and any bylaws and stock certificates must
contain a restriction that provides that the ownership or
transfer of interest by any one of the persons a party to
the agreement can only be made to a person who qualifies as
an Illinois resident.
2. Provide for the registration of Illinois conceived
and foaled horses and no such horse shall compete in the
races limited to Illinois conceived and foaled horses
unless registered with the Department of Agriculture. The
Department of Agriculture may prescribe such forms as may

be necessary to determine the eligibility of such horses.
No person shall knowingly prepare or cause preparation of
an application for registration of such foals containing
false information. A mare (dam) must be in the State at
least 30 days prior to foaling or remain in the State at
least 30 days at the time of foaling. However, the
requirement that a mare (dam) must be in the State at least
30 days before foaling or remain in the State at least 30
days at the time of foaling shall not be in effect from
January 1, 2018 until January 1, 2022. Beginning with the
1996 breeding season and for foals of 1997 and thereafter,
a foal conceived by transported semen may be eligible for
Illinois conceived and foaled registration provided all
breeding and foaling requirements are met. The stallion
must be qualified for Illinois Standardbred Breeders Fund
breeding at the time of conception and the mare must be
inseminated within the State of Illinois. The foal must be
dropped in Illinois and properly registered with the
Department of Agriculture in accordance with this Act.
However, from January 1, 2018 until January 1, 2022, the
requirement for a mare to be inseminated within the State
of Illinois and the requirement for a foal to be dropped in
Illinois are inapplicable.
3. Provide that at least a 5-day racing program shall
be conducted at the State Fair each year, unless an
alternate racing program is requested by the Illinois

Standardbred Breeders Fund Advisory Board, which program
shall include at least the following races limited to
Illinois conceived and foaled horses: (a) a 2-year-old two
year old Trot and Pace, and Filly Division of each; (b) a
3-year-old three year old Trot and Pace, and Filly
Division of each; (c) an aged Trot and Pace, and Mare
Division of each.
4. Provide for the payment of nominating, sustaining
and starting fees for races promoting the sport of harness
racing and for the races to be conducted at the State Fair
as provided in subsection (j) 3 of this Section provided
that the nominating, sustaining and starting payment
required from an entrant shall not exceed 2% of the purse
of such race. All nominating, sustaining and starting
payments shall be held for the benefit of entrants and
shall be paid out as part of the respective purses for such
races. Nominating, sustaining and starting fees shall be
held in trust accounts for the purposes as set forth in
this Act and in accordance with Section 205-15 of the
Department of Agriculture Law.
5. Provide for the registration with the Department of
Agriculture of Colt Associations or county fairs desiring
to sponsor races at county fairs.
6. Provide for the promotion of producing standardbred
racehorses by providing a bonus award program for owners
of 2-year-old horses that win multiple major stakes races

that are limited to Illinois conceived and foaled horses.
(k) The Department of Agriculture, with the advice and
assistance of the Illinois Standardbred Breeders Fund Advisory
Board, may allocate monies for purse supplements for such
races. In determining whether to allocate money and the
amount, the Department of Agriculture shall consider factors,
including, but not limited to, the amount of money
appropriated for the Illinois Standardbred Breeders Fund
program, the number of races that may occur, and an
organization licensee's purse structure. The organization
licensee shall notify the Department of Agriculture of the
conditions and minimum purses for races limited to Illinois
conceived and foaled horses to be conducted by each
organization licensee conducting a harness racing meeting for
which purse supplements have been negotiated.
(l) All races held at county fairs and the State Fair which
receive funds from the Illinois Standardbred Breeders Fund
shall be conducted in accordance with the rules of the United
States Trotting Association unless otherwise modified by the
Department of Agriculture.
(m) At all standardbred race meetings held or conducted
under authority of a license granted by the Board, and at all
standardbred races held at county fairs which are approved by
the Department of Agriculture or at the Illinois or DuQuoin
State Fairs, no one shall jog, train, warm up or drive a
standardbred horse unless he or she is wearing a protective

safety helmet, with the chin strap fastened and in place,
which meets the standards and requirements as set forth in the
1984 Standard for Protective Headgear for Use in Harness
Racing and Other Equestrian Sports published by the Snell
Memorial Foundation, or any standards and requirements for
headgear the Illinois Racing Board may approve. Any other
standards and requirements so approved by the Board shall
equal or exceed those published by the Snell Memorial
Foundation. Any equestrian helmet bearing the Snell label
shall be deemed to have met those standards and requirements.
(Source: P.A. 100-777, eff. 8-10-18; 101-31, eff. 6-28-19;
101-157, eff. 7-26-19; revised 9-27-19.)
Section 585. The Illinois Gambling Act is amended by
changing Section 7 as follows:
(230 ILCS 10/7) (from Ch. 120, par. 2407)
Sec. 7. Owners licenses.
(a) The Board shall issue owners licenses to persons or
entities that apply for such licenses upon payment to the
Board of the non-refundable license fee as provided in
subsection (e) or (e-5) and upon a determination by the Board
that the applicant is eligible for an owners license pursuant
to this Act and the rules of the Board. From December 15, 2008
(the effective date of Public Act 95-1008) this amendatory Act
of the 95th General Assembly until (i) 3 years after December

15, 2008 (the effective date of Public Act 95-1008) this
amendatory Act of the 95th General Assembly, (ii) the date any
organization licensee begins to operate a slot machine or
video game of chance under the Illinois Horse Racing Act of
1975 or this Act, (iii) the date that payments begin under
subsection (c-5) of Section 13 of this Act, (iv) the wagering
tax imposed under Section 13 of this Act is increased by law to
reflect a tax rate that is at least as stringent or more
stringent than the tax rate contained in subsection (a-3) of
Section 13, or (v) when an owners licensee holding a license
issued pursuant to Section 7.1 of this Act begins conducting
gaming, whichever occurs first, as a condition of licensure
and as an alternative source of payment for those funds
payable under subsection (c-5) of Section 13 of this Act, any
owners licensee that holds or receives its owners license on
or after May 26, 2006 (the effective date of Public Act 94-804)
this amendatory Act of the 94th General Assembly, other than
an owners licensee operating a riverboat with adjusted gross
receipts in calendar year 2004 of less than $200,000,000, must
pay into the Horse Racing Equity Trust Fund, in addition to any
other payments required under this Act, an amount equal to 3%
of the adjusted gross receipts received by the owners
licensee. The payments required under this Section shall be
made by the owners licensee to the State Treasurer no later
than 3:00 o'clock p.m. of the day after the day when the
adjusted gross receipts were received by the owners licensee.

A person or entity is ineligible to receive an owners license
if:
(1) the person has been convicted of a felony under
the laws of this State, any other state, or the United
States;
(2) the person has been convicted of any violation of
Article 28 of the Criminal Code of 1961 or the Criminal
Code of 2012, or substantially similar laws of any other
jurisdiction;
(3) the person has submitted an application for a
license under this Act which contains false information;
(4) the person is a member of the Board;
(5) a person defined in (1), (2), (3), or (4) is an
officer, director, or managerial employee of the entity;
(6) the entity employs a person defined in (1), (2),
(3), or (4) who participates in the management or
operation of gambling operations authorized under this
Act;
(7) (blank); or
(8) a license of the person or entity issued under
this Act, or a license to own or operate gambling
facilities in any other jurisdiction, has been revoked.
The Board is expressly prohibited from making changes to
the requirement that licensees make payment into the Horse
Racing Equity Trust Fund without the express authority of the
Illinois General Assembly and making any other rule to

implement or interpret Public Act 95-1008 this amendatory Act
of the 95th General Assembly. For the purposes of this
paragraph, "rules" is given the meaning given to that term in
Section 1-70 of the Illinois Administrative Procedure Act.
(b) In determining whether to grant an owners license to
an applicant, the Board shall consider:
(1) the character, reputation, experience, and
financial integrity of the applicants and of any other or
separate person that either:
(A) controls, directly or indirectly, such
applicant; , or
(B) is controlled, directly or indirectly, by such
applicant or by a person which controls, directly or
indirectly, such applicant;
(2) the facilities or proposed facilities for the
conduct of gambling;
(3) the highest prospective total revenue to be
derived by the State from the conduct of gambling;
(4) the extent to which the ownership of the applicant
reflects the diversity of the State by including minority
persons, women, and persons with a disability and the good
faith affirmative action plan of each applicant to
recruit, train and upgrade minority persons, women, and
persons with a disability in all employment
classifications; the Board shall further consider granting
an owners license and giving preference to an applicant

under this Section to applicants in which minority persons
and women hold ownership interest of at least 16% and 4%,
respectively; .
(4.5) the extent to which the ownership of the
applicant includes veterans of service in the armed forces
of the United States, and the good faith affirmative
action plan of each applicant to recruit, train, and
upgrade veterans of service in the armed forces of the
United States in all employment classifications;
(5) the financial ability of the applicant to purchase
and maintain adequate liability and casualty insurance;
(6) whether the applicant has adequate capitalization
to provide and maintain, for the duration of a license, a
riverboat or casino;
(7) the extent to which the applicant exceeds or meets
other standards for the issuance of an owners license
which the Board may adopt by rule;
(8) the amount of the applicant's license bid;
(9) the extent to which the applicant or the proposed
host municipality plans to enter into revenue sharing
agreements with communities other than the host
municipality; and
(10) the extent to which the ownership of an applicant
includes the most qualified number of minority persons,
women, and persons with a disability.
(c) Each owners license shall specify the place where the

casino shall operate or the riverboat shall operate and dock.
(d) Each applicant shall submit with his or her
application, on forms provided by the Board, 2 sets of his or
her fingerprints.
(e) In addition to any licenses authorized under
subsection (e-5) of this Section, the Board may issue up to 10
licenses authorizing the holders of such licenses to own
riverboats. In the application for an owners license, the
applicant shall state the dock at which the riverboat is based
and the water on which the riverboat will be located. The Board
shall issue 5 licenses to become effective not earlier than
January 1, 1991. Three of such licenses shall authorize
riverboat gambling on the Mississippi River, or, with approval
by the municipality in which the riverboat was docked on
August 7, 2003 and with Board approval, be authorized to
relocate to a new location, in a municipality that (1) borders
on the Mississippi River or is within 5 miles of the city
limits of a municipality that borders on the Mississippi River
and (2) on August 7, 2003, had a riverboat conducting
riverboat gambling operations pursuant to a license issued
under this Act; one of which shall authorize riverboat
gambling from a home dock in the city of East St. Louis; and
one of which shall authorize riverboat gambling from a home
dock in the City of Alton. One other license shall authorize
riverboat gambling on the Illinois River in the City of East
Peoria or, with Board approval, shall authorize land-based

gambling operations anywhere within the corporate limits of
the City of Peoria. The Board shall issue one additional
license to become effective not earlier than March 1, 1992,
which shall authorize riverboat gambling on the Des Plaines
River in Will County. The Board may issue 4 additional
licenses to become effective not earlier than March 1, 1992.
In determining the water upon which riverboats will operate,
the Board shall consider the economic benefit which riverboat
gambling confers on the State, and shall seek to assure that
all regions of the State share in the economic benefits of
riverboat gambling.
In granting all licenses, the Board may give favorable
consideration to economically depressed areas of the State, to
applicants presenting plans which provide for significant
economic development over a large geographic area, and to
applicants who currently operate non-gambling riverboats in
Illinois. The Board shall review all applications for owners
licenses, and shall inform each applicant of the Board's
decision. The Board may grant an owners license to an
applicant that has not submitted the highest license bid, but
if it does not select the highest bidder, the Board shall issue
a written decision explaining why another applicant was
selected and identifying the factors set forth in this Section
that favored the winning bidder. The fee for issuance or
renewal of a license pursuant to this subsection (e) shall be
$250,000.

(e-5) In addition to licenses authorized under subsection
(e) of this Section:
(1) the Board may issue one owners license authorizing
the conduct of casino gambling in the City of Chicago;
(2) the Board may issue one owners license authorizing
the conduct of riverboat gambling in the City of Danville;
(3) the Board may issue one owners license authorizing
the conduct of riverboat gambling in the City of Waukegan;
(4) the Board may issue one owners license authorizing
the conduct of riverboat gambling in the City of Rockford;
(5) the Board may issue one owners license authorizing
the conduct of riverboat gambling in a municipality that
is wholly or partially located in one of the following
townships of Cook County: Bloom, Bremen, Calumet, Rich,
Thornton, or Worth Township; and
(6) the Board may issue one owners license authorizing
the conduct of riverboat gambling in the unincorporated
area of Williamson County adjacent to the Big Muddy River.
Except for the license authorized under paragraph (1),
each application for a license pursuant to this subsection
(e-5) shall be submitted to the Board no later than 120 days
after June 28, 2019 (the effective date of Public Act 101-31).
All applications for a license under this subsection (e-5)
shall include the nonrefundable application fee and the
nonrefundable background investigation fee as provided in
subsection (d) of Section 6 of this Act. In the event that an

applicant submits an application for a license pursuant to
this subsection (e-5) prior to June 28, 2019 (the effective
date of Public Act 101-31), such applicant shall submit the
nonrefundable application fee and background investigation fee
as provided in subsection (d) of Section 6 of this Act no later
than 6 months after June 28, 2019 (the effective date of Public
Act 101-31).
The Board shall consider issuing a license pursuant to
paragraphs (1) through (6) of this subsection only after the
corporate authority of the municipality or the county board of
the county in which the riverboat or casino shall be located
has certified to the Board the following:
(i) that the applicant has negotiated with the
corporate authority or county board in good faith;
(ii) that the applicant and the corporate authority or
county board have mutually agreed on the permanent
location of the riverboat or casino;
(iii) that the applicant and the corporate authority
or county board have mutually agreed on the temporary
location of the riverboat or casino;
(iv) that the applicant and the corporate authority or
the county board have mutually agreed on the percentage of
revenues that will be shared with the municipality or
county, if any;
(v) that the applicant and the corporate authority or
county board have mutually agreed on any zoning,

licensing, public health, or other issues that are within
the jurisdiction of the municipality or county;
(vi) that the corporate authority or county board has
passed a resolution or ordinance in support of the
riverboat or casino in the municipality or county;
(vii) the applicant for a license under paragraph (1)
has made a public presentation concerning its casino
proposal; and
(viii) the applicant for a license under paragraph (1)
has prepared a summary of its casino proposal and such
summary has been posted on a public website of the
municipality or the county.
At least 7 days before the corporate authority of a
municipality or county board of the county submits a
certification to the Board concerning items (i) through (viii)
of this subsection, it shall hold a public hearing to discuss
items (i) through (viii), as well as any other details
concerning the proposed riverboat or casino in the
municipality or county. The corporate authority or county
board must subsequently memorialize the details concerning the
proposed riverboat or casino in a resolution that must be
adopted by a majority of the corporate authority or county
board before any certification is sent to the Board. The Board
shall not alter, amend, change, or otherwise interfere with
any agreement between the applicant and the corporate
authority of the municipality or county board of the county

regarding the location of any temporary or permanent facility.
In addition, within 10 days after June 28, 2019 (the
effective date of Public Act 101-31), the Board, with consent
and at the expense of the City of Chicago, shall select and
retain the services of a nationally recognized casino gaming
feasibility consultant. Within 45 days after June 28, 2019
(the effective date of Public Act 101-31), the consultant
shall prepare and deliver to the Board a study concerning the
feasibility of, and the ability to finance, a casino in the
City of Chicago. The feasibility study shall be delivered to
the Mayor of the City of Chicago, the Governor, the President
of the Senate, and the Speaker of the House of
Representatives. Ninety days after receipt of the feasibility
study, the Board shall make a determination, based on the
results of the feasibility study, whether to recommend to the
General Assembly that the terms of the license under paragraph
(1) of this subsection (e-5) should be modified. The Board may
begin accepting applications for the owners license under
paragraph (1) of this subsection (e-5) upon the determination
to issue such an owners license.
In addition, prior to the Board issuing the owners license
authorized under paragraph (4) of subsection (e-5), an impact
study shall be completed to determine what location in the
city will provide the greater impact to the region, including
the creation of jobs and the generation of tax revenue.
(e-10) The licenses authorized under subsection (e-5) of

this Section shall be issued within 12 months after the date
the license application is submitted. If the Board does not
issue the licenses within that time period, then the Board
shall give a written explanation to the applicant as to why it
has not reached a determination and when it reasonably expects
to make a determination. The fee for the issuance or renewal of
a license issued pursuant to this subsection (e-10) shall be
$250,000. Additionally, a licensee located outside of Cook
County shall pay a minimum initial fee of $17,500 per gaming
position, and a licensee located in Cook County shall pay a
minimum initial fee of $30,000 per gaming position. The
initial fees payable under this subsection (e-10) shall be
deposited into the Rebuild Illinois Projects Fund. If at any
point after June 1, 2020 there are no pending applications for
a license under subsection (e-5) and not all licenses
authorized under subsection (e-5) have been issued, then the
Board shall reopen the license application process for those
licenses authorized under subsection (e-5) that have not been
issued. The Board shall follow the licensing process provided
in subsection (e-5) with all time frames tied to the last date
of a final order issued by the Board under subsection (e-5)
rather than the effective date of the amendatory Act.
(e-15) Each licensee of a license authorized under
subsection (e-5) of this Section shall make a reconciliation
payment 3 years after the date the licensee begins operating
in an amount equal to 75% of the adjusted gross receipts for

the most lucrative 12-month period of operations, minus an
amount equal to the initial payment per gaming position paid
by the specific licensee. Each licensee shall pay a
$15,000,000 reconciliation fee upon issuance of an owners
license. If this calculation results in a negative amount,
then the licensee is not entitled to any reimbursement of fees
previously paid. This reconciliation payment may be made in
installments over a period of no more than 6 years.
All payments by licensees under this subsection (e-15)
shall be deposited into the Rebuild Illinois Projects Fund.
(e-20) In addition to any other revocation powers granted
to the Board under this Act, the Board may revoke the owners
license of a licensee which fails to begin conducting gambling
within 15 months of receipt of the Board's approval of the
application if the Board determines that license revocation is
in the best interests of the State.
(f) The first 10 owners licenses issued under this Act
shall permit the holder to own up to 2 riverboats and equipment
thereon for a period of 3 years after the effective date of the
license. Holders of the first 10 owners licenses must pay the
annual license fee for each of the 3 years during which they
are authorized to own riverboats.
(g) Upon the termination, expiration, or revocation of
each of the first 10 licenses, which shall be issued for a
3-year period, all licenses are renewable annually upon
payment of the fee and a determination by the Board that the

licensee continues to meet all of the requirements of this Act
and the Board's rules. However, for licenses renewed on or
after May 1, 1998, renewal shall be for a period of 4 years,
unless the Board sets a shorter period.
(h) An owners license, except for an owners license issued
under subsection (e-5) of this Section, shall entitle the
licensee to own up to 2 riverboats.
An owners licensee of a casino or riverboat that is
located in the City of Chicago pursuant to paragraph (1) of
subsection (e-5) of this Section shall limit the number of
gaming positions to 4,000 for such owner. An owners licensee
authorized under subsection (e) or paragraph (2), (3), (4), or
(5) of subsection (e-5) of this Section shall limit the number
of gaming positions to 2,000 for any such owners license. An
owners licensee authorized under paragraph (6) of subsection
(e-5) of this Section shall limit the number of gaming
positions to 1,200 for such owner. The initial fee for each
gaming position obtained on or after June 28, 2019 (the
effective date of Public Act 101-31) shall be a minimum of
$17,500 for licensees not located in Cook County and a minimum
of $30,000 for licensees located in Cook County, in addition
to the reconciliation payment, as set forth in subsection
(e-15) of this Section. The fees under this subsection (h)
shall be deposited into the Rebuild Illinois Projects Fund.
The fees under this subsection (h) that are paid by an owners
licensee authorized under subsection (e) shall be paid by July

1, 2021.
Each owners licensee under subsection (e) of this Section
shall reserve its gaming positions within 30 days after June
28, 2019 (the effective date of Public Act 101-31). The Board
may grant an extension to this 30-day period, provided that
the owners licensee submits a written request and explanation
as to why it is unable to reserve its positions within the
30-day period.
Each owners licensee under subsection (e-5) of this
Section shall reserve its gaming positions within 30 days
after issuance of its owners license. The Board may grant an
extension to this 30-day period, provided that the owners
licensee submits a written request and explanation as to why
it is unable to reserve its positions within the 30-day
period.
A licensee may operate both of its riverboats
concurrently, provided that the total number of gaming
positions on both riverboats does not exceed the limit
established pursuant to this subsection. Riverboats licensed
to operate on the Mississippi River and the Illinois River
south of Marshall County shall have an authorized capacity of
at least 500 persons. Any other riverboat licensed under this
Act shall have an authorized capacity of at least 400 persons.
(h-5) An owners licensee who conducted gambling operations
prior to January 1, 2012 and obtains positions pursuant to
Public Act 101-31 shall make a reconciliation payment 3 years

after any additional gaming positions begin operating in an
amount equal to 75% of the owners licensee's average gross
receipts for the most lucrative 12-month period of operations
minus an amount equal to the initial fee that the owners
licensee paid per additional gaming position. For purposes of
this subsection (h-5), "average gross receipts" means (i) the
increase in adjusted gross receipts for the most lucrative
12-month period of operations over the adjusted gross receipts
for 2019, multiplied by (ii) the percentage derived by
dividing the number of additional gaming positions that an
owners licensee had obtained by the total number of gaming
positions operated by the owners licensee. If this calculation
results in a negative amount, then the owners licensee is not
entitled to any reimbursement of fees previously paid. This
reconciliation payment may be made in installments over a
period of no more than 6 years. These reconciliation payments
shall be deposited into the Rebuild Illinois Projects Fund.
(i) A licensed owner is authorized to apply to the Board
for and, if approved therefor, to receive all licenses from
the Board necessary for the operation of a riverboat or
casino, including a liquor license, a license to prepare and
serve food for human consumption, and other necessary
licenses. All use, occupation, and excise taxes which apply to
the sale of food and beverages in this State and all taxes
imposed on the sale or use of tangible personal property apply
to such sales aboard the riverboat or in the casino.

(j) The Board may issue or re-issue a license authorizing
a riverboat to dock in a municipality or approve a relocation
under Section 11.2 only if, prior to the issuance or
re-issuance of the license or approval, the governing body of
the municipality in which the riverboat will dock has by a
majority vote approved the docking of riverboats in the
municipality. The Board may issue or re-issue a license
authorizing a riverboat to dock in areas of a county outside
any municipality or approve a relocation under Section 11.2
only if, prior to the issuance or re-issuance of the license or
approval, the governing body of the county has by a majority
vote approved of the docking of riverboats within such areas.
(k) An owners licensee may conduct land-based gambling
operations upon approval by the Board and payment of a fee of
$250,000, which shall be deposited into the State Gaming Fund.
(l) An owners licensee may conduct gaming at a temporary
facility pending the construction of a permanent facility or
the remodeling or relocation of an existing facility to
accommodate gaming participants for up to 24 months after the
temporary facility begins to conduct gaming. Upon request by
an owners licensee and upon a showing of good cause by the
owners licensee, the Board shall extend the period during
which the licensee may conduct gaming at a temporary facility
by up to 12 months. The Board shall make rules concerning the
conduct of gaming from temporary facilities.
(Source: P.A. 100-391, eff. 8-25-17; 100-1152, eff. 12-14-18;

101-31, eff. 6-28-19; 101-648, eff. 6-30-20; revised 8-19-20.)
Section 590. The Raffles and Poker Runs Act is amended by
changing Sections 1, 2, 3, and 8.1 as follows:
(230 ILCS 15/1) (from Ch. 85, par. 2301)
Sec. 1. Definitions. For the purposes of this Act the
terms defined in this Section have the meanings given them.
"Key location" means:
(1) For a poker run, the location where the poker run
concludes and the prizes are awarded.
(2) For a raffle, the location where the winning
chances in the raffle are determined.
"Law enforcement agency" means an agency of this State or
a unit of local government in this State that is vested by law
or ordinance with the duty to maintain public order and to
enforce criminal laws or ordinances.
"Net proceeds" means the gross receipts from the conduct
of raffles, less reasonable sums expended for prizes, local
license fees and other operating expenses incurred as a result
of operating a raffle or poker run.
"Poker run" means a prize-awarding event organized by an
organization licensed under this Act in which participants
travel to multiple predetermined locations, including a key
location, to play a randomized game based on an element of
chance. "Poker run" includes dice runs, marble runs, or other

events where the objective is to build the best hand or highest
score by obtaining an item or playing a randomized game at each
location.
"Raffle" means a form of lottery, as defined in subsection
(b) of Section 28-2 of the Criminal Code of 2012, conducted by
an organization licensed under this Act, in which:
(1) the player pays or agrees to pay something of
value for a chance, represented and differentiated by a
number or by a combination of numbers or by some other
medium, one or more of which chances is to be designated
the winning chance; and
(2) the winning chance is to be determined through a
drawing or by some other method based on an element of
chance by an act or set of acts on the part of persons
conducting or connected with the lottery, except that the
winning chance shall not be determined by the outcome of a
publicly exhibited sporting contest.
"Raffle" does not include any game designed to simulate:
(1) gambling games as defined in the Illinois Riverboat
Gambling Act, (2) any casino game approved for play by the
Illinois Gaming Board, (3) any games provided by a video
gaming terminal, as defined in the Video Gaming Act, or (4) a
savings promotion raffle authorized under Section 5g of the
Illinois Banking Act, Section 7008 of the Savings Bank Act,
Section 42.7 of the Illinois Credit Union Act, Section 5136B
of the National Bank Act, or Section 4 of the Home Owners' Loan

Act.
(Source: P.A. 101-109, eff. 7-19-19; revised 12-9-19.)
(230 ILCS 15/2) (from Ch. 85, par. 2302)
Sec. 2. Licensing.
(a) The governing body of any county or municipality
within this State may establish a system for the licensing of
organizations to operate raffles. The governing bodies of a
county and one or more municipalities may, pursuant to a
written contract, jointly establish a system for the licensing
of organizations to operate raffles within any area of
contiguous territory not contained within the corporate limits
of a municipality which is not a party to such contract. The
governing bodies of two or more adjacent counties or two or
more adjacent municipalities located within a county may,
pursuant to a written contract, jointly establish a system for
the licensing of organizations to operate raffles within the
corporate limits of such counties or municipalities. The
licensing authority may establish special categories of
licenses and promulgate rules relating to the various
categories. The licensing system shall provide for limitations
upon (1) the aggregate retail value of all prizes or
merchandise awarded by a licensee in a single raffle, if any,
(2) the maximum retail value of each prize awarded by a
licensee in a single raffle, if any, (3) the maximum price
which may be charged for each raffle chance issued or sold, if

any, and (4) the maximum number of days during which chances
may be issued or sold, if any. The licensing system may include
a fee for each license in an amount to be determined by the
local governing body. Licenses issued pursuant to this Act
shall be valid for one raffle or for a specified number of
raffles to be conducted during a specified period not to
exceed one year and may be suspended or revoked for any
violation of this Act. A local governing body shall act on a
license application within 30 days from the date of
application. A county or municipality may adopt rules or
ordinances for the operation of raffles that are consistent
with this Act. Raffles shall be licensed by the governing body
of the municipality with jurisdiction over the key location
or, if no municipality has jurisdiction over the key location,
then by the governing body of the county with jurisdiction
over the key location. A license shall authorize the holder of
such license to sell raffle chances throughout the State,
including beyond the borders of the licensing municipality or
county.
(a-5) The governing body of Cook County may and any other
county within this State shall establish a system for the
licensing of organizations to operate poker runs. The
governing bodies of 2 or more adjacent counties may, pursuant
to a written contract, jointly establish a system for the
licensing of organizations to operate poker runs within the
corporate limits of such counties. The licensing authority may

establish special categories of licenses and adopt rules
relating to the various categories. The licensing system may
include a fee not to exceed $25 for each license. Licenses
issued pursuant to this Act shall be valid for one poker run or
for a specified number of poker runs to be conducted during a
specified period not to exceed one year and may be suspended or
revoked for any violation of this Act. A local governing body
shall act on a license application within 30 days after the
date of application.
(b) Raffle licenses shall be issued only to bona fide
religious, charitable, labor, business, fraternal,
educational, veterans', or other bona fide not-for-profit
organizations that operate without profit to their members and
which have been in existence continuously for a period of 5
years immediately before making application for a raffle
license and which have during that entire 5-year period been
engaged in carrying out their objects, or to a non-profit
fundraising organization that the licensing authority
determines is organized for the sole purpose of providing
financial assistance to an identified individual or group of
individuals suffering extreme financial hardship as the result
of an illness, disability, accident, or disaster, or to any
law enforcement agencies and associations that represent law
enforcement officials. Poker run licenses shall be issued only
to bona fide religious, charitable, labor, business,
fraternal, educational, veterans', or other bona fide

not-for-profit organizations that operate without profit to
their members and which have been in existence continuously
for a period of 5 years immediately before making application
for a poker run license and which have during that entire
5-year period been engaged in carrying out their objects.
Licenses for poker runs shall be issued for the following
purposes: (i) providing financial assistance to an identified
individual or group of individuals suffering extreme financial
hardship as the result of an illness, disability, accident, or
disaster or (ii) to maintain the financial stability of the
organization. A licensing authority may waive the 5-year
requirement under this subsection (b) for a bona fide
religious, charitable, labor, business, fraternal,
educational, or veterans' organization that applies for a
license to conduct a raffle or a poker run if the organization
is a local organization that is affiliated with and chartered
by a national or State organization that meets the 5-year
requirement.
For purposes of this Act, the following definitions apply.
Non-profit: An organization or institution organized and
conducted on a not-for-profit basis with no personal profit
inuring to any one as a result of the operation. Charitable: An
organization or institution organized and operated to benefit
an indefinite number of the public. The service rendered to
those eligible for benefits must also confer some benefit on
the public. Educational: An organization or institution

organized and operated to provide systematic instruction in
useful branches of learning by methods common to schools and
institutions of learning which compare favorably in their
scope and intensity with the course of study presented in
tax-supported schools. Religious: Any church, congregation,
society, or organization founded for the purpose of religious
worship. Fraternal: An organization of persons having a common
interest, the primary interest of which is to both promote the
welfare of its members and to provide assistance to the
general public in such a way as to lessen the burdens of
government by caring for those that otherwise would be cared
for by the government. Veterans: An organization or
association comprised of members of which substantially all
are individuals who are veterans or spouses, widows, or
widowers of veterans, the primary purpose of which is to
promote the welfare of its members and to provide assistance
to the general public in such a way as to confer a public
benefit. Labor: An organization composed of workers organized
with the objective of betterment of the conditions of those
engaged in such pursuit and the development of a higher degree
of efficiency in their respective occupations. Business: A
voluntary organization composed of individuals and businesses
who have joined together to advance the commercial, financial,
industrial and civic interests of a community.
(Source: P.A. 100-201, eff. 8-18-17; 101-109, eff. 7-19-19;
101-360, eff. 1-1-20; revised 9-9-19.)

(230 ILCS 15/3) (from Ch. 85, par. 2303)
Sec. 3. License; application; issuance; restrictions;
persons ineligible. Licenses issued by the governing body of
any county or municipality are subject to the following
restrictions:
(1) No person, firm, or corporation shall conduct
raffles or chances or poker runs without having first
obtained a license therefor pursuant to this Act.
(2) The license and application for license must
specify the location or locations at which winning chances
in the raffle will be determined, the time period during
which raffle chances will be sold or issued or a poker run
will be conducted, the time or times of determination of
winning chances, and the location or locations at which
winning chances will be determined.
(3) The license application must contain a sworn
statement attesting to the not-for-profit character of the
prospective licensee organization, signed by the presiding
officer and the secretary of that organization.
(4) The application for license shall be prepared in
accordance with the ordinance of the local governmental
unit.
(5) A license authorizes the licensee to conduct
raffles or poker runs as defined in this Act.
The following are ineligible for any license under this

Act:
(a) any person whose felony conviction will impair the
person's ability to engage in the licensed position;
(b) any person who is or has been a professional
gambler or professional gambling promoter;
(c) any person who is not of good moral character;
(d) any organization in which a person defined in item
(a), (b), or (c) has a proprietary, equitable, or credit
interest, or in which such a person is active or employed;
(e) any organization in which a person defined in item
(a), (b), or (c) is an officer, director, or employee,
whether compensated or not; and
(f) any organization in which a person defined in item
(a), (b), or (c) is to participate in the management or
operation of a raffle as defined in this Act.
(Source: P.A. 100-286, eff. 1-1-18; 101-109, eff. 7-19-19;
revised 9-20-19.)
(230 ILCS 15/8.1) (from Ch. 85, par. 2308.1)
Sec. 8.1. Political committees.
(a) For the purposes of this Section, the terms defined in
this subsection have the meanings given them.
"Net proceeds" means the gross receipts from the conduct
of raffles, less reasonable sums expended for prizes, license
fees, and other reasonable operating expenses incurred as a
result of operating a raffle.

"Raffle" means a form of lottery, as defined in Section
28-2(b) of the Criminal Code of 2012, conducted by a political
committee licensed under this Section, in which:
(1) the player pays or agrees to pay something of
value for a chance, represented and differentiated by a
number or by a combination of numbers or by some other
medium, one or more of which chances are is to be
designated the winning chance; and
(2) the winning chance is to be determined through a
drawing or by some other method based on an element of
chance by an act or set of acts on the part of persons
conducting or connected with the lottery, except that the
winning chance shall not be determined by the outcome of a
publicly exhibited sporting contest.
"Unresolved claim" means a claim for a civil penalty under
Sections 9-3, 9-10, and 9-23 of the Election Code which has
been begun by the State Board of Elections, has been disputed
by the political committee under the applicable rules of the
State Board of Elections, and has not been finally decided
either by the State Board of Elections, or, where application
for review has been made to the courts of Illinois, remains
finally undecided by the courts.
"Owes" means that a political committee has been finally
determined under applicable rules of the State Board of
Elections to be liable for a civil penalty under Sections 9-3,
9-10, and 9-23 of the Election Code.

(b) Licenses issued pursuant to this Section shall be
valid for one raffle or for a specified number of raffles to be
conducted during a specified period not to exceed one year and
may be suspended or revoked for any violation of this Section.
The State Board of Elections shall act on a license
application within 30 days from the date of application.
(c) Licenses issued by the State Board of Elections are
subject to the following restrictions:
(1) No political committee shall conduct raffles or
chances without having first obtained a license therefor
pursuant to this Section.
(2) The application for license shall be prepared in
accordance with regulations of the State Board of
Elections and must specify the area or areas within the
State in which raffle chances will be sold or issued, the
time period during which raffle chances will be sold or
issued, the time of determination of winning chances, and
the location or locations at which winning chances will be
determined.
(3) A license authorizes the licensee to conduct
raffles as defined in this Section.
The following are ineligible for any license under this
Section:
(i) any political committee which has an officer
who has been convicted of a felony;
(ii) any political committee which has an officer

who is or has been a professional gambler or gambling
promoter;
(iii) any political committee which has an officer
who is not of good moral character;
(iv) any political committee which has an officer
who is also an officer of a firm or corporation in
which a person defined in item (i), (ii), or (iii) has
a proprietary, equitable, or credit interest, or in
which such a person is active or employed;
(v) any political committee in which a person
defined in item (i), (ii), or (iii) is an officer,
director, or employee, whether compensated or not;
(vi) any political committee in which a person
defined in item (i), (ii), or (iii) is to participate
in the management or operation of a raffle as defined
in this Section;
(vii) any committee which, at the time of its
application for a license to conduct a raffle, owes
the State Board of Elections any unpaid civil penalty
authorized by Sections 9-3, 9-10, and 9-23 of the
Election Code, or is the subject of an unresolved
claim for a civil penalty under Sections 9-3, 9-10,
and 9-23 of the Election Code;
(viii) any political committee which, at the time
of its application to conduct a raffle, has not
submitted any report or document required to be filed

by Article 9 of the Election Code and such report or
document is more than 10 days overdue.
(d)(1) The conducting of raffles is subject to the
following restrictions:
(i) The entire net proceeds of any raffle must be
exclusively devoted to the lawful purposes of the
political committee permitted to conduct that game.
(ii) No person except a bona fide member of the
political committee may participate in the management or
operation of the raffle.
(iii) No person may receive any remuneration or profit
for participating in the management or operation of the
raffle.
(iv) Raffle chances may be sold or issued only within
the area specified on the license and winning chances may
be determined only at those locations specified on the
license.
(v) A person under the age of 18 years may participate
in the conducting of raffles or chances only with the
permission of a parent or guardian. A person under the age
of 18 years may be within the area where winning chances
are being determined only when accompanied by his or her
parent or guardian.
(2) If a lessor rents a premises where a winning chance or
chances on a raffle are determined, the lessor shall not be
criminally liable if the person who uses the premises for the

determining of winning chances does not hold a license issued
under the provisions of this Section.
(e)(1) Each political committee licensed to conduct
raffles and chances shall keep records of its gross receipts,
expenses, and net proceeds for each single gathering or
occasion at which winning chances are determined. All
deductions from gross receipts for each single gathering or
occasion shall be documented with receipts or other records
indicating the amount, a description of the purchased item or
service or other reason for the deduction, and the recipient.
The distribution of net proceeds shall be itemized as to
payee, purpose, amount, and date of payment.
(2) Each political committee licensed to conduct raffles
shall report on the next report due to be filed under Article 9
of the Election Code its gross receipts, expenses, and net
proceeds from raffles, and the distribution of net proceeds
itemized as required in this subsection.
Such reports shall be included in the regular reports
required of political committees by Article 9 of the Election
Code.
(3) Records required by this subsection shall be preserved
for 3 years, and political committees shall make available
their records relating to the operation of raffles for public
inspection at reasonable times and places.
(f) Violation of any provision of this Section is a Class C
misdemeanor.

(g) Nothing in this Section shall be construed to
authorize the conducting or operating of any gambling scheme,
enterprise, activity, or device other than raffles as provided
for herein.
(Source: P.A. 101-109, eff. 7-19-19; revised 9-20-19.)
Section 595. The Video Gaming Act is amended by changing
Section 58 as follows:
(230 ILCS 40/58)
Sec. 58. Location of terminals. Video gaming terminals in
a licensed establishment, licensed fraternal establishment, or
licensed veterans establishment must be located in an area
that is restricted to persons over 21 years of age and the
entrance to the area must be within the view of at least one
employee of the establishment who is over 21 years of age.
The placement of video gaming terminals in licensed
establishments, licensed truck stop establishments, licensed
large truck stop establishments, licensed fraternal
establishments, and licensed veterans establishments shall be
subject to the rules promulgated by the Board pursuant to the
Illinois Administrative Procedure Act.
(Source: P.A. 101-31, eff. 6-28-19; 101-318, eff. 8-9-19;
revised 9-20-19.)
Section 600. The Liquor Control Act of 1934 is amended by

changing Sections 3-12, 5-3, 6-6, and 6-6.5 as follows:
(235 ILCS 5/3-12)
Sec. 3-12. Powers and duties of State Commission.
(a) The State Commission shall have the following powers,
functions, and duties:
(1) To receive applications and to issue licenses to
manufacturers, foreign importers, importing distributors,
distributors, non-resident dealers, on premise consumption
retailers, off premise sale retailers, special event
retailer licensees, special use permit licenses, auction
liquor licenses, brew pubs, caterer retailers,
non-beverage users, railroads, including owners and
lessees of sleeping, dining and cafe cars, airplanes,
boats, brokers, and wine maker's premises licensees in
accordance with the provisions of this Act, and to suspend
or revoke such licenses upon the State Commission's
determination, upon notice after hearing, that a licensee
has violated any provision of this Act or any rule or
regulation issued pursuant thereto and in effect for 30
days prior to such violation. Except in the case of an
action taken pursuant to a violation of Section 6-3, 6-5,
or 6-9, any action by the State Commission to suspend or
revoke a licensee's license may be limited to the license
for the specific premises where the violation occurred. An
action for a violation of this Act shall be commenced by

the State Commission within 2 years after the date the
State Commission becomes aware of the violation.
In lieu of suspending or revoking a license, the
commission may impose a fine, upon the State Commission's
determination and notice after hearing, that a licensee
has violated any provision of this Act or any rule or
regulation issued pursuant thereto and in effect for 30
days prior to such violation.
For the purpose of this paragraph (1), when
determining multiple violations for the sale of alcohol to
a person under the age of 21, a second or subsequent
violation for the sale of alcohol to a person under the age
of 21 shall only be considered if it was committed within 5
years after the date when a prior violation for the sale of
alcohol to a person under the age of 21 was committed.
The fine imposed under this paragraph may not exceed
$500 for each violation. Each day that the activity, which
gave rise to the original fine, continues is a separate
violation. The maximum fine that may be levied against any
licensee, for the period of the license, shall not exceed
$20,000. The maximum penalty that may be imposed on a
licensee for selling a bottle of alcoholic liquor with a
foreign object in it or serving from a bottle of alcoholic
liquor with a foreign object in it shall be the
destruction of that bottle of alcoholic liquor for the
first 10 bottles so sold or served from by the licensee.

For the eleventh bottle of alcoholic liquor and for each
third bottle thereafter sold or served from by the
licensee with a foreign object in it, the maximum penalty
that may be imposed on the licensee is the destruction of
the bottle of alcoholic liquor and a fine of up to $50.
Any notice issued by the State Commission to a
licensee for a violation of this Act or any notice with
respect to settlement or offer in compromise shall include
the field report, photographs, and any other supporting
documentation necessary to reasonably inform the licensee
of the nature and extent of the violation or the conduct
alleged to have occurred. The failure to include such
required documentation shall result in the dismissal of
the action.
(2) To adopt such rules and regulations consistent
with the provisions of this Act which shall be necessary
to carry on its functions and duties to the end that the
health, safety and welfare of the People of the State of
Illinois shall be protected and temperance in the
consumption of alcoholic liquors shall be fostered and
promoted and to distribute copies of such rules and
regulations to all licensees affected thereby.
(3) To call upon other administrative departments of
the State, county and municipal governments, county and
city police departments and upon prosecuting officers for
such information and assistance as it deems necessary in

the performance of its duties.
(4) To recommend to local commissioners rules and
regulations, not inconsistent with the law, for the
distribution and sale of alcoholic liquors throughout the
State.
(5) To inspect, or cause to be inspected, any premises
in this State where alcoholic liquors are manufactured,
distributed, warehoused, or sold. Nothing in this Act
authorizes an agent of the State Commission to inspect
private areas within the premises without reasonable
suspicion or a warrant during an inspection. "Private
areas" include, but are not limited to, safes, personal
property, and closed desks.
(5.1) Upon receipt of a complaint or upon having
knowledge that any person is engaged in business as a
manufacturer, importing distributor, distributor, or
retailer without a license or valid license, to conduct an
investigation. If, after conducting an investigation, the
State Commission is satisfied that the alleged conduct
occurred or is occurring, it may issue a cease and desist
notice as provided in this Act, impose civil penalties as
provided in this Act, notify the local liquor authority,
or file a complaint with the State's Attorney's Office of
the county where the incident occurred or the Attorney
General.
(5.2) Upon receipt of a complaint or upon having

knowledge that any person is shipping alcoholic liquor
into this State from a point outside of this State if the
shipment is in violation of this Act, to conduct an
investigation. If, after conducting an investigation, the
State Commission is satisfied that the alleged conduct
occurred or is occurring, it may issue a cease and desist
notice as provided in this Act, impose civil penalties as
provided in this Act, notify the foreign jurisdiction, or
file a complaint with the State's Attorney's Office of the
county where the incident occurred or the Attorney
General.
(5.3) To receive complaints from licensees, local
officials, law enforcement agencies, organizations, and
persons stating that any licensee has been or is violating
any provision of this Act or the rules and regulations
issued pursuant to this Act. Such complaints shall be in
writing, signed and sworn to by the person making the
complaint, and shall state with specificity the facts in
relation to the alleged violation. If the State Commission
has reasonable grounds to believe that the complaint
substantially alleges a violation of this Act or rules and
regulations adopted pursuant to this Act, it shall conduct
an investigation. If, after conducting an investigation,
the State Commission is satisfied that the alleged
violation did occur, it shall proceed with disciplinary
action against the licensee as provided in this Act.

(5.4) To make arrests and issue notices of civil
violations where necessary for the enforcement of this
Act.
(5.5) To investigate any and all unlicensed activity.
(5.6) To impose civil penalties or fines to any person
who, without holding a valid license, engages in conduct
that requires a license pursuant to this Act, in an amount
not to exceed $20,000 for each offense as determined by
the State Commission. A civil penalty shall be assessed by
the State Commission after a hearing is held in accordance
with the provisions set forth in this Act regarding the
provision of a hearing for the revocation or suspension of
a license.
(6) To hear and determine appeals from orders of a
local commission in accordance with the provisions of this
Act, as hereinafter set forth. Hearings under this
subsection shall be held in Springfield or Chicago, at
whichever location is the more convenient for the majority
of persons who are parties to the hearing.
(7) The State Commission shall establish uniform
systems of accounts to be kept by all retail licensees
having more than 4 employees, and for this purpose the
State Commission may classify all retail licensees having
more than 4 employees and establish a uniform system of
accounts for each class and prescribe the manner in which
such accounts shall be kept. The State Commission may also

prescribe the forms of accounts to be kept by all retail
licensees having more than 4 employees, including, but not
limited to, accounts of earnings and expenses and any
distribution, payment, or other distribution of earnings
or assets, and any other forms, records, and memoranda
which in the judgment of the commission may be necessary
or appropriate to carry out any of the provisions of this
Act, including, but not limited to, such forms, records,
and memoranda as will readily and accurately disclose at
all times the beneficial ownership of such retail licensed
business. The accounts, forms, records, and memoranda
shall be available at all reasonable times for inspection
by authorized representatives of the State Commission or
by any local liquor control commissioner or his or her
authorized representative. The commission, may, from time
to time, alter, amend, or repeal, in whole or in part, any
uniform system of accounts, or the form and manner of
keeping accounts.
(8) In the conduct of any hearing authorized to be
held by the State Commission, to appoint, at the
commission's discretion, hearing officers to conduct
hearings involving complex issues or issues that will
require a protracted period of time to resolve, to
examine, or cause to be examined, under oath, any
licensee, and to examine or cause to be examined the books
and records of such licensee; to hear testimony and take

proof material for its information in the discharge of its
duties hereunder; to administer or cause to be
administered oaths; for any such purpose to issue subpoena
or subpoenas to require the attendance of witnesses and
the production of books, which shall be effective in any
part of this State, and to adopt rules to implement its
powers under this paragraph (8).
Any circuit court may, by order duly entered, require
the attendance of witnesses and the production of relevant
books subpoenaed by the State Commission and the court may
compel obedience to its order by proceedings for contempt.
(9) To investigate the administration of laws in
relation to alcoholic liquors in this and other states and
any foreign countries, and to recommend from time to time
to the Governor and through him or her to the legislature
of this State, such amendments to this Act, if any, as it
may think desirable and as will serve to further the
general broad purposes contained in Section 1-2 hereof.
(10) To adopt such rules and regulations consistent
with the provisions of this Act which shall be necessary
for the control, sale, or disposition of alcoholic liquor
damaged as a result of an accident, wreck, flood, fire, or
other similar occurrence.
(11) To develop industry educational programs related
to responsible serving and selling, particularly in the
areas of overserving consumers and illegal underage

purchasing and consumption of alcoholic beverages.
(11.1) To license persons providing education and
training to alcohol beverage sellers and servers for
mandatory and non-mandatory training under the Beverage
Alcohol Sellers and Servers Education and Training
(BASSET) programs and to develop and administer a public
awareness program in Illinois to reduce or eliminate the
illegal purchase and consumption of alcoholic beverage
products by persons under the age of 21. Application for a
license shall be made on forms provided by the State
Commission.
(12) To develop and maintain a repository of license
and regulatory information.
(13) (Blank).
(14) On or before April 30, 2008 and every 2 years
thereafter, the State Commission shall present a written
report to the Governor and the General Assembly that shall
be based on a study of the impact of Public Act 95-634 on
the business of soliciting, selling, and shipping wine
from inside and outside of this State directly to
residents of this State. As part of its report, the State
Commission shall provide all of the following information:
(A) The amount of State excise and sales tax
revenues generated.
(B) The amount of licensing fees received.
(C) The number of cases of wine shipped from

inside and outside of this State directly to residents
of this State.
(D) The number of alcohol compliance operations
conducted.
(E) The number of winery shipper's licenses
issued.
(F) The number of each of the following: reported
violations; cease and desist notices issued by the
Commission; notices of violations issued by the
Commission and to the Department of Revenue; and
notices and complaints of violations to law
enforcement officials, including, without limitation,
the Illinois Attorney General and the U.S. Department
of Treasury's Alcohol and Tobacco Tax and Trade
Bureau.
(15) As a means to reduce the underage consumption of
alcoholic liquors, the State Commission shall conduct
alcohol compliance operations to investigate whether
businesses that are soliciting, selling, and shipping wine
from inside or outside of this State directly to residents
of this State are licensed by this State or are selling or
attempting to sell wine to persons under 21 years of age in
violation of this Act.
(16) The State Commission shall, in addition to
notifying any appropriate law enforcement agency, submit
notices of complaints or violations of Sections 6-29 and

6-29.1 by persons who do not hold a winery shipper's
license under this Act to the Illinois Attorney General
and to the U.S. Department of Treasury's Alcohol and
Tobacco Tax and Trade Bureau.
(17)(A) A person licensed to make wine under the laws
of another state who has a winery shipper's license under
this Act and annually produces less than 25,000 gallons of
wine or a person who has a first-class or second-class
wine manufacturer's license, a first-class or second-class
wine-maker's license, or a limited wine manufacturer's
license under this Act and annually produces less than
25,000 gallons of wine may make application to the
Commission for a self-distribution exemption to allow the
sale of not more than 5,000 gallons of the exemption
holder's wine to retail licensees per year.
(B) In the application, which shall be sworn under
penalty of perjury, such person shall state (1) the date
it was established; (2) its volume of production and sales
for each year since its establishment; (3) its efforts to
establish distributor relationships; (4) that a
self-distribution exemption is necessary to facilitate the
marketing of its wine; and (5) that it will comply with the
liquor and revenue laws of the United States, this State,
and any other state where it is licensed.
(C) The State Commission shall approve the application
for a self-distribution exemption if such person: (1) is

in compliance with State revenue and liquor laws; (2) is
not a member of any affiliated group that produces more
than 25,000 gallons of wine per annum or produces any
other alcoholic liquor; (3) will not annually produce for
sale more than 25,000 gallons of wine; and (4) will not
annually sell more than 5,000 gallons of its wine to
retail licensees.
(D) A self-distribution exemption holder shall
annually certify to the State Commission its production of
wine in the previous 12 months and its anticipated
production and sales for the next 12 months. The State
Commission may fine, suspend, or revoke a
self-distribution exemption after a hearing if it finds
that the exemption holder has made a material
misrepresentation in its application, violated a revenue
or liquor law of Illinois, exceeded production of 25,000
gallons of wine in any calendar year, or become part of an
affiliated group producing more than 25,000 gallons of
wine or any other alcoholic liquor.
(E) Except in hearings for violations of this Act or
Public Act 95-634 or a bona fide investigation by duly
sworn law enforcement officials, the State Commission, or
its agents, the State Commission shall maintain the
production and sales information of a self-distribution
exemption holder as confidential and shall not release
such information to any person.

(F) The State Commission shall issue regulations
governing self-distribution exemptions consistent with
this Section and this Act.
(G) Nothing in this paragraph (17) shall prohibit a
self-distribution exemption holder from entering into or
simultaneously having a distribution agreement with a
licensed Illinois distributor.
(H) It is the intent of this paragraph (17) to promote
and continue orderly markets. The General Assembly finds
that, in order to preserve Illinois' regulatory
distribution system, it is necessary to create an
exception for smaller makers of wine as their wines are
frequently adjusted in varietals, mixes, vintages, and
taste to find and create market niches sometimes too small
for distributor or importing distributor business
strategies. Limited self-distribution rights will afford
and allow smaller makers of wine access to the marketplace
in order to develop a customer base without impairing the
integrity of the 3-tier system.
(18)(A) A class 1 brewer licensee, who must also be
either a licensed brewer or licensed non-resident dealer
and annually manufacture less than 930,000 gallons of
beer, may make application to the State Commission for a
self-distribution exemption to allow the sale of not more
than 232,500 gallons of the exemption holder's beer per
year to retail licensees and to brewers, class 1 brewers,

and class 2 brewers that, pursuant to subsection (e) of
Section 6-4 of this Act, sell beer, cider, or both beer and
cider to non-licensees at their breweries.
(B) In the application, which shall be sworn under
penalty of perjury, the class 1 brewer licensee shall
state (1) the date it was established; (2) its volume of
beer manufactured and sold for each year since its
establishment; (3) its efforts to establish distributor
relationships; (4) that a self-distribution exemption is
necessary to facilitate the marketing of its beer; and (5)
that it will comply with the alcoholic beverage and
revenue laws of the United States, this State, and any
other state where it is licensed.
(C) Any application submitted shall be posted on the
State Commission's website at least 45 days prior to
action by the State Commission. The State Commission shall
approve the application for a self-distribution exemption
if the class 1 brewer licensee: (1) is in compliance with
the State, revenue, and alcoholic beverage laws; (2) is
not a member of any affiliated group that manufactures
more than 930,000 gallons of beer per annum or produces
any other alcoholic beverages; (3) shall not annually
manufacture for sale more than 930,000 gallons of beer;
(4) shall not annually sell more than 232,500 gallons of
its beer to retail licensees or to brewers, class 1
brewers, and class 2 brewers that, pursuant to subsection

(e) of Section 6-4 of this Act, sell beer, cider, or both
beer and cider to non-licensees at their breweries; and
(5) has relinquished any brew pub license held by the
licensee, including any ownership interest it held in the
licensed brew pub.
(D) A self-distribution exemption holder shall
annually certify to the State Commission its manufacture
of beer during the previous 12 months and its anticipated
manufacture and sales of beer for the next 12 months. The
State Commission may fine, suspend, or revoke a
self-distribution exemption after a hearing if it finds
that the exemption holder has made a material
misrepresentation in its application, violated a revenue
or alcoholic beverage law of Illinois, exceeded the
manufacture of 930,000 gallons of beer in any calendar
year or became part of an affiliated group manufacturing
more than 930,000 gallons of beer or any other alcoholic
beverage.
(E) The State Commission shall issue rules and
regulations governing self-distribution exemptions
consistent with this Act.
(F) Nothing in this paragraph (18) shall prohibit a
self-distribution exemption holder from entering into or
simultaneously having a distribution agreement with a
licensed Illinois importing distributor or a distributor.
If a self-distribution exemption holder enters into a

distribution agreement and has assigned distribution
rights to an importing distributor or distributor, then
the self-distribution exemption holder's distribution
rights in the assigned territories shall cease in a
reasonable time not to exceed 60 days.
(G) It is the intent of this paragraph (18) to promote
and continue orderly markets. The General Assembly finds
that in order to preserve Illinois' regulatory
distribution system, it is necessary to create an
exception for smaller manufacturers in order to afford and
allow such smaller manufacturers of beer access to the
marketplace in order to develop a customer base without
impairing the integrity of the 3-tier system.
(19)(A) A class 1 craft distiller licensee or a
non-resident dealer who manufactures less than 50,000
gallons of distilled spirits per year may make application
to the State Commission for a self-distribution exemption
to allow the sale of not more than 5,000 gallons of the
exemption holder's spirits to retail licensees per year.
(B) In the application, which shall be sworn under
penalty of perjury, the class 1 craft distiller licensee
or non-resident dealer shall state (1) the date it was
established; (2) its volume of spirits manufactured and
sold for each year since its establishment; (3) its
efforts to establish distributor relationships; (4) that a
self-distribution exemption is necessary to facilitate the

marketing of its spirits; and (5) that it will comply with
the alcoholic beverage and revenue laws of the United
States, this State, and any other state where it is
licensed.
(C) Any application submitted shall be posted on the
State Commission's website at least 45 days prior to
action by the State Commission. The State Commission shall
approve the application for a self-distribution exemption
if the applicant: (1) is in compliance with State revenue
and alcoholic beverage laws; (2) is not a member of any
affiliated group that produces more than 50,000 gallons of
spirits per annum or produces any other alcoholic liquor;
(3) does not annually manufacture for sale more than
50,000 gallons of spirits; and (4) does not annually sell
more than 5,000 gallons of its spirits to retail
licensees.
(D) A self-distribution exemption holder shall
annually certify to the State Commission its manufacture
of spirits during the previous 12 months and its
anticipated manufacture and sales of spirits for the next
12 months. The State Commission may fine, suspend, or
revoke a self-distribution exemption after a hearing if it
finds that the exemption holder has made a material
misrepresentation in its application, violated a revenue
or alcoholic beverage law of Illinois, exceeded the
manufacture of 50,000 gallons of spirits in any calendar

year, or has become part of an affiliated group
manufacturing more than 50,000 gallons of spirits or any
other alcoholic beverage.
(E) The State Commission shall adopt rules governing
self-distribution exemptions consistent with this Act.
(F) Nothing in this paragraph (19) shall prohibit a
self-distribution exemption holder from entering into or
simultaneously having a distribution agreement with a
licensed Illinois importing distributor or a distributor.
(G) It is the intent of this paragraph (19) to promote
and continue orderly markets. The General Assembly finds
that in order to preserve Illinois' regulatory
distribution system, it is necessary to create an
exception for smaller manufacturers in order to afford and
allow such smaller manufacturers of spirits access to the
marketplace in order to develop a customer base without
impairing the integrity of the 3-tier system.
(b) On or before April 30, 1999, the Commission shall
present a written report to the Governor and the General
Assembly that shall be based on a study of the impact of Public
Act 90-739 on the business of soliciting, selling, and
shipping alcoholic liquor from outside of this State directly
to residents of this State.
As part of its report, the Commission shall provide the
following information:
(i) the amount of State excise and sales tax revenues

generated as a result of Public Act 90-739;
(ii) the amount of licensing fees received as a result
of Public Act 90-739;
(iii) the number of reported violations, the number of
cease and desist notices issued by the Commission, the
number of notices of violations issued to the Department
of Revenue, and the number of notices and complaints of
violations to law enforcement officials.
(Source: P.A. 100-134, eff. 8-18-17; 100-201, eff. 8-18-17;
100-816, eff. 8-13-18; 100-1012, eff. 8-21-18; 100-1050, eff.
8-23-18; 101-37, eff. 7-3-19; 101-81, eff. 7-12-19; 101-482,
eff. 8-23-19; revised 9-20-19.)
(235 ILCS 5/5-3) (from Ch. 43, par. 118)
Sec. 5-3. License fees. Except as otherwise provided
herein, at the time application is made to the State
Commission for a license of any class, the applicant shall pay
to the State Commission the fee hereinafter provided for the
kind of license applied for.
The fee for licenses issued by the State Commission shall
be as follows:
Online Initial
renewal license
or
non-online
renewal

For a manufacturer's license:
Class 1. Distiller ................. $4,000 $5,000
Class 2. Rectifier ................. 4,000 5,000
Class 3. Brewer .................... 1,200 1,500
Class 4. First-class Wine
Manufacturer ................... 750 900
Class 5. Second-class
Wine Manufacturer .............. 1,500 1,750
Class 6. First-class wine-maker .... 750 900
Class 7. Second-class wine-maker ... 1,500 1,750
Class 8. Limited Wine
Manufacturer.................... 250 350
Class 9. Craft Distiller............ $2,000 $2,500
Class 10. Class 1 Craft Distiller... 50 75
Class 11. Class 2 Craft Distiller... 75 100
Class 12. Class 1 Brewer............ 50 75
Class 13. Class 2 Brewer............ 75 100
For a Brew Pub License.............. 1,200 1,500
For a Distilling Pub License........ 1,200 1,500
For a caterer retailer's license.... 350 500
For a foreign importer's license ... 25 25
For an importing distributor's
license......................... 25 25
For a distributor's license
(11,250,000 gallons
or over)........................ 1,450 2,200

For a distributor's license
(over 4,500,000 gallons, but
under 11,250,000 gallons)....... 950 1,450
For a distributor's license
(4,500,000 gallons or under).... 300 450
For a non-resident dealer's license
(500,000 gallons or over) ...... 1,200 1,500
For a non-resident dealer's license
(under 500,000 gallons) ........ 250 350
For a wine-maker's premises
license ........................ 250 500
For a winery shipper's license
(under 250,000 gallons)......... 200 350
For a winery shipper's license
(250,000 or over, but
under 500,000 gallons).......... 750 1,000
For a winery shipper's license
(500,000 gallons or over)....... 1,200 1,500
For a wine-maker's premises
license, second location ....... 500 1,000
For a wine-maker's premises
license, third location ........ 500 1,000
For a retailer's license ........... 600 750
For a special event retailer's
license, (not-for-profit) ...... 25 25
For a special use permit license,

one day only ................... 100 150
2 days or more ................. 150 250
For a railroad license ............. 100 150
For a boat license ................. 500 1,000
For an airplane license, times the
licensee's maximum number of
aircraft in flight, serving
liquor over the State at any
given time, which either
originate, terminate, or make
an intermediate stop in
the State....................... 100 150
For a non-beverage user's license:
Class 1 ........................ 24 24
Class 2 ........................ 60 60
Class 3 ........................ 120 120
Class 4 ........................ 240 240
Class 5 ........................ 600 600
For a broker's license ............. 750 1,000
For an auction liquor license ...... 100 150
For a homebrewer special
event permit.................... 25 25
For a craft distiller
tasting permit.................. 25 25
For a BASSET trainer license........ 300 350
For a tasting representative

license......................... 200 300
For a brewer warehouse permit....... 25 25
For a craft distiller
warehouse permit............... 25 25
Fees collected under this Section shall be paid into the
Dram Shop Fund. On and after July 1, 2003 and until June 30,
2016, of the funds received for a retailer's license, in
addition to the first $175, an additional $75 shall be paid
into the Dram Shop Fund, and $250 shall be paid into the
General Revenue Fund. On and after June 30, 2016, one-half of
the funds received for a retailer's license shall be paid into
the Dram Shop Fund and one-half of the funds received for a
retailer's license shall be paid into the General Revenue
Fund. Beginning June 30, 1990 and on June 30 of each subsequent
year through June 29, 2003, any balance over $5,000,000
remaining in the Dram Shop Fund shall be credited to State
liquor licensees and applied against their fees for State
liquor licenses for the following year. The amount credited to
each licensee shall be a proportion of the balance in the Dram
Fund that is the same as the proportion of the license fee paid
by the licensee under this Section for the period in which the
balance was accumulated to the aggregate fees paid by all
licensees during that period.
No fee shall be paid for licenses issued by the State
Commission to the following non-beverage users:
(a) Hospitals, sanitariums, or clinics when their use

of alcoholic liquor is exclusively medicinal, mechanical
or scientific.
(b) Universities, colleges of learning or schools when
their use of alcoholic liquor is exclusively medicinal,
mechanical or scientific.
(c) Laboratories when their use is exclusively for the
purpose of scientific research.
(Source: P.A. 100-201, eff. 8-18-17; 100-816, eff. 8-13-18;
101-482, eff. 8-23-19; 101-615, eff. 12-20-19; revised
8-19-20.)
(235 ILCS 5/6-6) (from Ch. 43, par. 123)
Sec. 6-6. Except as otherwise provided in this Act no
manufacturer or distributor or importing distributor shall,
directly or indirectly, sell, supply, furnish, give or pay
for, or loan or lease, any furnishing, fixture or equipment on
the premises of a place of business of another licensee
authorized under this Act to sell alcoholic liquor at retail,
either for consumption on or off the premises, nor shall he or
she, directly or indirectly, pay for any such license, or
advance, furnish, lend or give money for payment of such
license, or purchase or become the owner of any note,
mortgage, or other evidence of indebtedness of such licensee
or any form of security therefor, nor shall such manufacturer,
or distributor, or importing distributor, directly or
indirectly, be interested in the ownership, conduct or

operation of the business of any licensee authorized to sell
alcoholic liquor at retail, nor shall any manufacturer, or
distributor, or importing distributor be interested directly
or indirectly or as owner or part owner of said premises or as
lessee or lessor thereof, in any premises upon which alcoholic
liquor is sold at retail.
No manufacturer or distributor or importing distributor
shall, directly or indirectly or through a subsidiary or
affiliate, or by any officer, director or firm of such
manufacturer, distributor or importing distributor, furnish,
give, lend or rent, install, repair or maintain, to or for any
retail licensee in this State, any signs or inside advertising
materials except as provided in this Section and Section 6-5.
With respect to retail licensees, other than any government
owned or operated auditorium, exhibition hall, recreation
facility or other similar facility holding a retailer's
license as described in Section 6-5, a manufacturer,
distributor, or importing distributor may furnish, give, lend
or rent and erect, install, repair and maintain to or for any
retail licensee, for use at any one time in or about or in
connection with a retail establishment on which the products
of the manufacturer, distributor or importing distributor are
sold, the following signs and inside advertising materials as
authorized in subparts (i), (ii), (iii), and (iv):
(i) Permanent outside signs shall cost not more than
$3,000 per brand, exclusive of erection, installation,

repair and maintenance costs, and permit fees and shall
bear only the manufacturer's name, brand name, trade name,
slogans, markings, trademark, or other symbols commonly
associated with and generally used in identifying the
product including, but not limited to, "cold beer", "on
tap", "carry out", and "packaged liquor".
(ii) Temporary outside signs shall include, but not be
limited to, banners, flags, pennants, streamers, and other
items of a temporary and non-permanent nature, and shall
cost not more than $1,000 per manufacturer. Each temporary
outside sign must include the manufacturer's name, brand
name, trade name, slogans, markings, trademark, or other
symbol commonly associated with and generally used in
identifying the product. Temporary outside signs may also
include, for example, the product, price, packaging, date
or dates of a promotion and an announcement of a retail
licensee's specific sponsored event, if the temporary
outside sign is intended to promote a product, and
provided that the announcement of the retail licensee's
event and the product promotion are held simultaneously.
However, temporary outside signs may not include names,
slogans, markings, or logos that relate to the retailer.
Nothing in this subpart (ii) shall prohibit a distributor
or importing distributor from bearing the cost of creating
or printing a temporary outside sign for the retail
licensee's specific sponsored event or from bearing the

cost of creating or printing a temporary sign for a retail
licensee containing, for example, community goodwill
expressions, regional sporting event announcements, or
seasonal messages, provided that the primary purpose of
the temporary outside sign is to highlight, promote, or
advertise the product. In addition, temporary outside
signs provided by the manufacturer to the distributor or
importing distributor may also include, for example,
subject to the limitations of this Section, preprinted
community goodwill expressions, sporting event
announcements, seasonal messages, and manufacturer
promotional announcements. However, a distributor or
importing distributor shall not bear the cost of such
manufacturer preprinted signs.
(iii) Permanent inside signs, whether visible from the
outside or the inside of the premises, include, but are
not limited to: alcohol lists and menus that may include
names, slogans, markings, or logos that relate to the
retailer; neons; illuminated signs; clocks; table lamps;
mirrors; tap handles; decalcomanias; window painting; and
window trim. All neons, illuminated signs, clocks, table
lamps, mirrors, and tap handles are the property of the
manufacturer and shall be returned to the manufacturer or
its agent upon request. All permanent inside signs in
place and in use at any one time shall cost in the
aggregate not more than $6,000 per manufacturer. A

permanent inside sign must include the manufacturer's
name, brand name, trade name, slogans, markings,
trademark, or other symbol commonly associated with and
generally used in identifying the product. However,
permanent inside signs may not include names, slogans,
markings, or logos that relate to the retailer. For the
purpose of this subpart (iii), all permanent inside signs
may be displayed in an adjacent courtyard or patio
commonly referred to as a "beer garden" that is a part of
the retailer's licensed premises.
(iv) Temporary inside signs shall include, but are not
limited to, lighted chalk boards, acrylic table tent
beverage or hors d'oeuvre list holders, banners, flags,
pennants, streamers, and inside advertising materials such
as posters, placards, bowling sheets, table tents, inserts
for acrylic table tent beverage or hors d'oeuvre list
holders, sports schedules, or similar printed or
illustrated materials and product displays, such as
display racks, bins, barrels, or similar items, the
primary function of which is to temporarily hold and
display alcoholic beverages; however, such items, for
example, as coasters, trays, napkins, glassware, growlers,
crowlers, and cups shall not be deemed to be inside signs
or advertising materials and may only be sold to retailers
at fair market value, which shall be no less than the cost
of the item to the manufacturer, distributor, or importing

distributor. All temporary inside signs and inside
advertising materials in place and in use at any one time
shall cost in the aggregate not more than $1,000 per
manufacturer. Nothing in this subpart (iv) prohibits a
distributor or importing distributor from paying the cost
of printing or creating any temporary inside banner or
inserts for acrylic table tent beverage or hors d'oeuvre
list holders for a retail licensee, provided that the
primary purpose for the banner or insert is to highlight,
promote, or advertise the product. For the purpose of this
subpart (iv), all temporary inside signs and inside
advertising materials may be displayed in an adjacent
courtyard or patio commonly referred to as a "beer garden"
that is a part of the retailer's licensed premises.
The restrictions contained in this Section 6-6 do not
apply to signs, or promotional or advertising materials
furnished by manufacturers, distributors or importing
distributors to a government owned or operated facility
holding a retailer's license as described in Section 6-5.
No distributor or importing distributor shall directly or
indirectly or through a subsidiary or affiliate, or by any
officer, director or firm of such manufacturer, distributor or
importing distributor, furnish, give, lend or rent, install,
repair or maintain, to or for any retail licensee in this
State, any signs or inside advertising materials described in
subparts (i), (ii), (iii), or (iv) of this Section except as

the agent for or on behalf of a manufacturer, provided that the
total cost of any signs and inside advertising materials
including but not limited to labor, erection, installation and
permit fees shall be paid by the manufacturer whose product or
products said signs and inside advertising materials advertise
and except as follows:
A distributor or importing distributor may purchase from
or enter into a written agreement with a manufacturer or a
manufacturer's designated supplier and such manufacturer or
the manufacturer's designated supplier may sell or enter into
an agreement to sell to a distributor or importing distributor
permitted signs and advertising materials described in
subparts (ii), (iii), or (iv) of this Section for the purpose
of furnishing, giving, lending, renting, installing,
repairing, or maintaining such signs or advertising materials
to or for any retail licensee in this State. Any purchase by a
distributor or importing distributor from a manufacturer or a
manufacturer's designated supplier shall be voluntary and the
manufacturer may not require the distributor or the importing
distributor to purchase signs or advertising materials from
the manufacturer or the manufacturer's designated supplier.
A distributor or importing distributor shall be deemed the
owner of such signs or advertising materials purchased from a
manufacturer or a manufacturer's designated supplier.
The provisions of Public Act 90-373 concerning signs or
advertising materials delivered by a manufacturer to a

distributor or importing distributor shall apply only to signs
or advertising materials delivered on or after August 14,
1997.
A manufacturer, distributor, or importing distributor may
furnish free social media advertising to a retail licensee if
the social media advertisement does not contain the retail
price of any alcoholic liquor and the social media
advertisement complies with any applicable rules or
regulations issued by the Alcohol and Tobacco Tax and Trade
Bureau of the United States Department of the Treasury. A
manufacturer, distributor, or importing distributor may list
the names of one or more unaffiliated retailers in the
advertisement of alcoholic liquor through social media.
Nothing in this Section shall prohibit a retailer from
communicating with a manufacturer, distributor, or importing
distributor on social media or sharing media on the social
media of a manufacturer, distributor, or importing
distributor. A retailer may request free social media
advertising from a manufacturer, distributor, or importing
distributor. Nothing in this Section shall prohibit a
manufacturer, distributor, or importing distributor from
sharing, reposting, or otherwise forwarding a social media
post by a retail licensee, so long as the sharing, reposting,
or forwarding of the social media post does not contain the
retail price of any alcoholic liquor. No manufacturer,
distributor, or importing distributor shall pay or reimburse a

retailer, directly or indirectly, for any social media
advertising services, except as specifically permitted in this
Act. No retailer shall accept any payment or reimbursement,
directly or indirectly, for any social media advertising
services offered by a manufacturer, distributor, or importing
distributor, except as specifically permitted in this Act. For
the purposes of this Section, "social media" means a service,
platform, or site where users communicate with one another and
share media, such as pictures, videos, music, and blogs, with
other users free of charge.
No person engaged in the business of manufacturing,
importing or distributing alcoholic liquors shall, directly or
indirectly, pay for, or advance, furnish, or lend money for
the payment of any license for another. Any licensee who shall
permit or assent, or be a party in any way to any violation or
infringement of the provisions of this Section shall be deemed
guilty of a violation of this Act, and any money loaned
contrary to a provision of this Act shall not be recovered
back, or any note, mortgage or other evidence of indebtedness,
or security, or any lease or contract obtained or made
contrary to this Act shall be unenforceable and void.
This Section shall not apply to airplane licensees
exercising powers provided in paragraph (i) of Section 5-1 of
this Act.
(Source: P.A. 100-885, eff. 8-14-18; 101-16, eff. 6-14-19;
101-517, eff. 8-23-19; revised 9-18-19.)

(235 ILCS 5/6-6.5)
Sec. 6-6.5. Sanitation and use of growlers and crowlers.
(a) A manufacturer, distributor, or importing distributor
may not provide for free, but may sell coil cleaning services
and installation services, including labor costs, to a retail
licensee at fair market cost.
A manufacturer, distributor, or importing distributor may
not provide for free, but may sell dispensing accessories to
retail licensees at a price not less than the cost to the
manufacturer, distributor, or importing distributor who
initially purchased them. Dispensing accessories include, but
are not limited to, items such as standards, faucets, cold
plates, rods, vents, taps, tap standards, hoses, washers,
couplings, gas gauges, vent tongues, shanks, glycol draught
systems, pumps, and check valves. A manufacturer, distributor,
or importing distributor may service, balance, or inspect
draft beer, wine, or distilled spirits systems at regular
intervals and may provide labor to replace or install
dispensing accessories.
Coil cleaning supplies consisting of detergents, cleaning
chemicals, brushes, or similar type cleaning devices may be
sold at a price not less than the cost to the manufacturer,
distributor, or importing distributor.
(a-5) A manufacturer of beer licensed under subsection (e)
of Section 6-4 or a brew pub may transfer any beer manufactured

or sold on its licensed premises to a growler or crowler and
sell those growlers or crowlers to non-licensees for
consumption off the premises. A manufacturer of beer under
subsection (e) of Section 6-4 or a brew pub is not subject to
subsection (b) of this Section.
(b) An on-premises retail licensee may transfer beer to a
growler or crowler, which is not an original manufacturer
container, but is a reusable rigid container that holds up to
128 fluid ounces of beer and is designed to be sealed on
premises by the licensee for off-premises consumption, if the
following requirements are met:
(1) the beer is transferred within the licensed
premises by an employee of the licensed premises at the
time of sale;
(2) the person transferring the alcohol to be sold to
the end consumer is 21 years of age or older;
(3) the growler or crowler holds no more than 128
fluid ounces;
(4) the growler or crowler bears a twist-type closure,
cork, stopper, or plug and includes a one-time use
tamper-proof seal;
(5) the growler or crowler is affixed with a label or
tag that contains the following information:
(A) the brand name of the product dispensed;
(B) the name of the brewer or bottler;
(C) the type of product, such as beer, ale, lager,

bock, stout, or other brewed or fermented beverage;
(D) the net contents;
(E) the name and address of the business that
cleaned, sanitized, labeled, and filled or refilled
the growler or crowler; and
(F) the date the growler or crowler was filled or
refilled;
(5.5) the growler or crowler has been purged with CO2
prior to sealing the container;
(6) the on-premises retail licensee complies with the
sanitation requirements under subsections (a) through (c)
of 11 Ill. Adm. Code 100.160 when sanitizing the
dispensing equipment used to draw beer to fill the growler
or crowler or refill the growler;
(7) before filling the growler or crowler or refilling
the growler, the on-premises retail licensee or licensee's
employee shall clean and sanitize the growler or crowler
in one of the following manners:
(A) By manual washing in a 3-compartment sink.
(i) Before sanitizing the growler or crowler,
the sinks and work area shall be cleaned to remove
any chemicals, oils, or grease from other cleaning
activities.
(ii) Any residual liquid from the growler
shall be emptied into a drain. A growler shall not
be emptied into the cleaning water.

(iii) The growler and cap shall be cleaned in
water and detergent. The water temperature shall
be, at a minimum, 110 degrees Fahrenheit or the
temperature specified on the cleaning agent
manufacturer's label instructions. The detergent
shall not be fat-based or oil-based.
(iv) Any residues on the interior and exterior
of the growler shall be removed.
(v) The growler and cap shall be rinsed with
water in the middle compartment. Rinsing may be
from the spigot with a spray arm, from a spigot, or
from a tub as long as the water for rinsing is not
stagnant but is continually refreshed.
(vi) The growler shall be sanitized in the
third compartment. Chemical sanitizer shall be
used in accordance with the United States
Environmental Protection Agency-registered label
use instructions and shall meet the minimum water
temperature requirements of that chemical.
(vii) A test kit or other device that
accurately measures the concentration in
milligrams per liter of chemical sanitizing
solutions shall be provided and be readily
accessible for use.
(B) By using a mechanical washing and sanitizing
machine.

(i) Mechanical washing and sanitizing machines
shall be provided with an easily accessible and
readable data plate affixed to the machine by the
manufacturer and shall be used according to the
machine's design and operation specifications.
(ii) Mechanical washing and sanitizing
machines shall be equipped with chemical or hot
water sanitization.
(iii) The concentration of the sanitizing
solution or the water temperature shall be
accurately determined by using a test kit or other
device.
(iv) The machine shall be regularly serviced
based upon the manufacturer's or installer's
guidelines.
(C) By transferring beer to a growler or crowler
with a tube.
(i) Beer may be transferred to a growler or
crowler from the bottom of the growler or crowler
to the top with a tube that is attached to the tap
and extends to the bottom of the growler or
crowler or with a commercial filling machine.
(ii) Food grade sanitizer shall be used in
accordance with the United States Environmental
Protection Agency-registered label use
instructions.

(iii) A container of liquid food grade
sanitizer shall be maintained for no more than 10
malt beverage taps that will be used for filling
growlers or crowlers and refilling growlers.
(iv) Each container shall contain no less than
5 tubes that will be used only for filling
growlers or crowlers and refilling growlers.
(v) The growler or crowler must be inspected
visually for contamination.
(vi) After each transfer of beer to a growler
or crowler, the tube shall be immersed in the
container with the liquid food grade sanitizer.
(vii) A different tube from the container must
be used for each fill of a growler or crowler or
refill of a growler.
(c) Growlers and crowlers that comply with items (4) and
(5) of subsection (b) shall not be deemed an unsealed
container for purposes of Section 11-502 of the Illinois
Vehicle Code.
(d) Growlers and crowlers, as described and authorized
under this Section, are not original packages for the purposes
of this Act. Upon a consumer taking possession of a growler or
crowler from an on-premises retail licensee, the growler or
crowler and its contents are deemed to be in the sole custody,
control, and care of the consumer.
(Source: P.A. 101-16, eff. 6-14-19; 101-517, eff. 8-23-19;

revised 9-18-19.)
Section 605. The Illinois Public Aid Code is amended by
changing Sections 5-2, 5-5, 5-5.07, 5-5.2, 5-5.12, 5H-1, 5H-5,
5H-6, and 11-5.4, by setting forth and renumbering multiple
versions of Sections 5-30.11 and 12-4.13c, and by setting
forth, renumbering, and changing multiple versions of Section
5-36 as follows:
(305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
Sec. 5-2. Classes of persons eligible. Medical assistance
under this Article shall be available to any of the following
classes of persons in respect to whom a plan for coverage has
been submitted to the Governor by the Illinois Department and
approved by him. If changes made in this Section 5-2 require
federal approval, they shall not take effect until such
approval has been received:
1. Recipients of basic maintenance grants under
Articles III and IV.
2. Beginning January 1, 2014, persons otherwise
eligible for basic maintenance under Article III,
excluding any eligibility requirements that are
inconsistent with any federal law or federal regulation,
as interpreted by the U.S. Department of Health and Human
Services, but who fail to qualify thereunder on the basis
of need, and who have insufficient income and resources to

meet the costs of necessary medical care, including, but
not limited to, the following:
(a) All persons otherwise eligible for basic
maintenance under Article III but who fail to qualify
under that Article on the basis of need and who meet
either of the following requirements:
(i) their income, as determined by the
Illinois Department in accordance with any federal
requirements, is equal to or less than 100% of the
federal poverty level; or
(ii) their income, after the deduction of
costs incurred for medical care and for other
types of remedial care, is equal to or less than
100% of the federal poverty level.
(b) (Blank).
3. (Blank).
4. Persons not eligible under any of the preceding
paragraphs who fall sick, are injured, or die, not having
sufficient money, property or other resources to meet the
costs of necessary medical care or funeral and burial
expenses.
5.(a) Beginning January 1, 2020, women during
pregnancy and during the 12-month period beginning on the
last day of the pregnancy, together with their infants,
whose income is at or below 200% of the federal poverty
level. Until September 30, 2019, or sooner if the

maintenance of effort requirements under the Patient
Protection and Affordable Care Act are eliminated or may
be waived before then, women during pregnancy and during
the 12-month period beginning on the last day of the
pregnancy, whose countable monthly income, after the
deduction of costs incurred for medical care and for other
types of remedial care as specified in administrative
rule, is equal to or less than the Medical Assistance-No
Grant(C) (MANG(C)) Income Standard in effect on April 1,
2013 as set forth in administrative rule.
(b) The plan for coverage shall provide ambulatory
prenatal care to pregnant women during a presumptive
eligibility period and establish an income eligibility
standard that is equal to 200% of the federal poverty
level, provided that costs incurred for medical care are
not taken into account in determining such income
eligibility.
(c) The Illinois Department may conduct a
demonstration in at least one county that will provide
medical assistance to pregnant women, together with their
infants and children up to one year of age, where the
income eligibility standard is set up to 185% of the
nonfarm income official poverty line, as defined by the
federal Office of Management and Budget. The Illinois
Department shall seek and obtain necessary authorization
provided under federal law to implement such a

demonstration. Such demonstration may establish resource
standards that are not more restrictive than those
established under Article IV of this Code.
6. (a) Children younger than age 19 when countable
income is at or below 133% of the federal poverty level.
Until September 30, 2019, or sooner if the maintenance of
effort requirements under the Patient Protection and
Affordable Care Act are eliminated or may be waived before
then, children younger than age 19 whose countable monthly
income, after the deduction of costs incurred for medical
care and for other types of remedial care as specified in
administrative rule, is equal to or less than the Medical
Assistance-No Grant(C) (MANG(C)) Income Standard in effect
on April 1, 2013 as set forth in administrative rule.
(b) Children and youth who are under temporary custody
or guardianship of the Department of Children and Family
Services or who receive financial assistance in support of
an adoption or guardianship placement from the Department
of Children and Family Services.
7. (Blank).
8. As required under federal law, persons who are
eligible for Transitional Medical Assistance as a result
of an increase in earnings or child or spousal support
received. The plan for coverage for this class of persons
shall:
(a) extend the medical assistance coverage to the

extent required by federal law; and
(b) offer persons who have initially received 6
months of the coverage provided in paragraph (a)
above, the option of receiving an additional 6 months
of coverage, subject to the following:
(i) such coverage shall be pursuant to
provisions of the federal Social Security Act;
(ii) such coverage shall include all services
covered under Illinois' State Medicaid Plan;
(iii) no premium shall be charged for such
coverage; and
(iv) such coverage shall be suspended in the
event of a person's failure without good cause to
file in a timely fashion reports required for this
coverage under the Social Security Act and
coverage shall be reinstated upon the filing of
such reports if the person remains otherwise
eligible.
9. Persons with acquired immunodeficiency syndrome
(AIDS) or with AIDS-related conditions with respect to
whom there has been a determination that but for home or
community-based services such individuals would require
the level of care provided in an inpatient hospital,
skilled nursing facility or intermediate care facility the
cost of which is reimbursed under this Article. Assistance
shall be provided to such persons to the maximum extent

permitted under Title XIX of the Federal Social Security
Act.
10. Participants in the long-term care insurance
partnership program established under the Illinois
Long-Term Care Partnership Program Act who meet the
qualifications for protection of resources described in
Section 15 of that Act.
11. Persons with disabilities who are employed and
eligible for Medicaid, pursuant to Section
1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,
subject to federal approval, persons with a medically
improved disability who are employed and eligible for
Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of
the Social Security Act, as provided by the Illinois
Department by rule. In establishing eligibility standards
under this paragraph 11, the Department shall, subject to
federal approval:
(a) set the income eligibility standard at not
lower than 350% of the federal poverty level;
(b) exempt retirement accounts that the person
cannot access without penalty before the age of 59
1/2, and medical savings accounts established pursuant
to 26 U.S.C. 220;
(c) allow non-exempt assets up to $25,000 as to
those assets accumulated during periods of eligibility
under this paragraph 11; and

(d) continue to apply subparagraphs (b) and (c) in
determining the eligibility of the person under this
Article even if the person loses eligibility under
this paragraph 11.
12. Subject to federal approval, persons who are
eligible for medical assistance coverage under applicable
provisions of the federal Social Security Act and the
federal Breast and Cervical Cancer Prevention and
Treatment Act of 2000. Those eligible persons are defined
to include, but not be limited to, the following persons:
(1) persons who have been screened for breast or
cervical cancer under the U.S. Centers for Disease
Control and Prevention Breast and Cervical Cancer
Program established under Title XV of the federal
Public Health Service Services Act in accordance with
the requirements of Section 1504 of that Act as
administered by the Illinois Department of Public
Health; and
(2) persons whose screenings under the above
program were funded in whole or in part by funds
appropriated to the Illinois Department of Public
Health for breast or cervical cancer screening.
"Medical assistance" under this paragraph 12 shall be
identical to the benefits provided under the State's
approved plan under Title XIX of the Social Security Act.
The Department must request federal approval of the

coverage under this paragraph 12 within 30 days after July
3, 2001 (the effective date of Public Act 92-47) this
amendatory Act of the 92nd General Assembly.
In addition to the persons who are eligible for
medical assistance pursuant to subparagraphs (1) and (2)
of this paragraph 12, and to be paid from funds
appropriated to the Department for its medical programs,
any uninsured person as defined by the Department in rules
residing in Illinois who is younger than 65 years of age,
who has been screened for breast and cervical cancer in
accordance with standards and procedures adopted by the
Department of Public Health for screening, and who is
referred to the Department by the Department of Public
Health as being in need of treatment for breast or
cervical cancer is eligible for medical assistance
benefits that are consistent with the benefits provided to
those persons described in subparagraphs (1) and (2).
Medical assistance coverage for the persons who are
eligible under the preceding sentence is not dependent on
federal approval, but federal moneys may be used to pay
for services provided under that coverage upon federal
approval.
13. Subject to appropriation and to federal approval,
persons living with HIV/AIDS who are not otherwise
eligible under this Article and who qualify for services
covered under Section 5-5.04 as provided by the Illinois

Department by rule.
14. Subject to the availability of funds for this
purpose, the Department may provide coverage under this
Article to persons who reside in Illinois who are not
eligible under any of the preceding paragraphs and who
meet the income guidelines of paragraph 2(a) of this
Section and (i) have an application for asylum pending
before the federal Department of Homeland Security or on
appeal before a court of competent jurisdiction and are
represented either by counsel or by an advocate accredited
by the federal Department of Homeland Security and
employed by a not-for-profit organization in regard to
that application or appeal, or (ii) are receiving services
through a federally funded torture treatment center.
Medical coverage under this paragraph 14 may be provided
for up to 24 continuous months from the initial
eligibility date so long as an individual continues to
satisfy the criteria of this paragraph 14. If an
individual has an appeal pending regarding an application
for asylum before the Department of Homeland Security,
eligibility under this paragraph 14 may be extended until
a final decision is rendered on the appeal. The Department
may adopt rules governing the implementation of this
paragraph 14.
15. Family Care Eligibility.
(a) On and after July 1, 2012, a parent or other

caretaker relative who is 19 years of age or older when
countable income is at or below 133% of the federal
poverty level. A person may not spend down to become
eligible under this paragraph 15.
(b) Eligibility shall be reviewed annually.
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) (Blank).
(h) (Blank).
(i) Following termination of an individual's
coverage under this paragraph 15, the individual must
be determined eligible before the person can be
re-enrolled.
16. Subject to appropriation, uninsured persons who
are not otherwise eligible under this Section who have
been certified and referred by the Department of Public
Health as having been screened and found to need
diagnostic evaluation or treatment, or both diagnostic
evaluation and treatment, for prostate or testicular
cancer. For the purposes of this paragraph 16, uninsured
persons are those who do not have creditable coverage, as
defined under the Health Insurance Portability and
Accountability Act, or have otherwise exhausted any
insurance benefits they may have had, for prostate or

testicular cancer diagnostic evaluation or treatment, or
both diagnostic evaluation and treatment. To be eligible,
a person must furnish a Social Security number. A person's
assets are exempt from consideration in determining
eligibility under this paragraph 16. Such persons shall be
eligible for medical assistance under this paragraph 16
for so long as they need treatment for the cancer. A person
shall be considered to need treatment if, in the opinion
of the person's treating physician, the person requires
therapy directed toward cure or palliation of prostate or
testicular cancer, including recurrent metastatic cancer
that is a known or presumed complication of prostate or
testicular cancer and complications resulting from the
treatment modalities themselves. Persons who require only
routine monitoring services are not considered to need
treatment. "Medical assistance" under this paragraph 16
shall be identical to the benefits provided under the
State's approved plan under Title XIX of the Social
Security Act. Notwithstanding any other provision of law,
the Department (i) does not have a claim against the
estate of a deceased recipient of services under this
paragraph 16 and (ii) does not have a lien against any
homestead property or other legal or equitable real
property interest owned by a recipient of services under
this paragraph 16.
17. Persons who, pursuant to a waiver approved by the

Secretary of the U.S. Department of Health and Human
Services, are eligible for medical assistance under Title
XIX or XXI of the federal Social Security Act.
Notwithstanding any other provision of this Code and
consistent with the terms of the approved waiver, the
Illinois Department, may by rule:
(a) Limit the geographic areas in which the waiver
program operates.
(b) Determine the scope, quantity, duration, and
quality, and the rate and method of reimbursement, of
the medical services to be provided, which may differ
from those for other classes of persons eligible for
assistance under this Article.
(c) Restrict the persons' freedom in choice of
providers.
18. Beginning January 1, 2014, persons aged 19 or
older, but younger than 65, who are not otherwise eligible
for medical assistance under this Section 5-2, who qualify
for medical assistance pursuant to 42 U.S.C.
1396a(a)(10)(A)(i)(VIII) and applicable federal
regulations, and who have income at or below 133% of the
federal poverty level plus 5% for the applicable family
size as determined pursuant to 42 U.S.C. 1396a(e)(14) and
applicable federal regulations. Persons eligible for
medical assistance under this paragraph 18 shall receive
coverage for the Health Benefits Service Package as that

term is defined in subsection (m) of Section 5-1.1 of this
Code. If Illinois' federal medical assistance percentage
(FMAP) is reduced below 90% for persons eligible for
medical assistance under this paragraph 18, eligibility
under this paragraph 18 shall cease no later than the end
of the third month following the month in which the
reduction in FMAP takes effect.
19. Beginning January 1, 2014, as required under 42
U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18
and younger than age 26 who are not otherwise eligible for
medical assistance under paragraphs (1) through (17) of
this Section who (i) were in foster care under the
responsibility of the State on the date of attaining age
18 or on the date of attaining age 21 when a court has
continued wardship for good cause as provided in Section
2-31 of the Juvenile Court Act of 1987 and (ii) received
medical assistance under the Illinois Title XIX State Plan
or waiver of such plan while in foster care.
20. Beginning January 1, 2018, persons who are
foreign-born victims of human trafficking, torture, or
other serious crimes as defined in Section 2-19 of this
Code and their derivative family members if such persons:
(i) reside in Illinois; (ii) are not eligible under any of
the preceding paragraphs; (iii) meet the income guidelines
of subparagraph (a) of paragraph 2; and (iv) meet the
nonfinancial eligibility requirements of Sections 16-2,

16-3, and 16-5 of this Code. The Department may extend
medical assistance for persons who are foreign-born
victims of human trafficking, torture, or other serious
crimes whose medical assistance would be terminated
pursuant to subsection (b) of Section 16-5 if the
Department determines that the person, during the year of
initial eligibility (1) experienced a health crisis, (2)
has been unable, after reasonable attempts, to obtain
necessary information from a third party, or (3) has other
extenuating circumstances that prevented the person from
completing his or her application for status. The
Department may adopt any rules necessary to implement the
provisions of this paragraph.
21. Persons who are not otherwise eligible for medical
assistance under this Section who may qualify for medical
assistance pursuant to 42 U.S.C.
1396a(a)(10)(A)(ii)(XXIII) and 42 U.S.C. 1396(ss) for the
duration of any federal or State declared emergency due to
COVID-19. Medical assistance to persons eligible for
medical assistance solely pursuant to this paragraph 21
shall be limited to any in vitro diagnostic product (and
the administration of such product) described in 42 U.S.C.
1396d(a)(3)(B) on or after March 18, 2020, any visit
described in 42 U.S.C. 1396o(a)(2)(G), or any other
medical assistance that may be federally authorized for
this class of persons. The Department may also cover

treatment of COVID-19 for this class of persons, or any
similar category of uninsured individuals, to the extent
authorized under a federally approved 1115 Waiver or other
federal authority. Notwithstanding the provisions of
Section 1-11 of this Code, due to the nature of the
COVID-19 public health emergency, the Department may cover
and provide the medical assistance described in this
paragraph 21 to noncitizens who would otherwise meet the
eligibility requirements for the class of persons
described in this paragraph 21 for the duration of the
State emergency period.
In implementing the provisions of Public Act 96-20, the
Department is authorized to adopt only those rules necessary,
including emergency rules. Nothing in Public Act 96-20 permits
the Department to adopt rules or issue a decision that expands
eligibility for the FamilyCare Program to a person whose
income exceeds 185% of the Federal Poverty Level as determined
from time to time by the U.S. Department of Health and Human
Services, unless the Department is provided with express
statutory authority.
The eligibility of any such person for medical assistance
under this Article is not affected by the payment of any grant
under the Senior Citizens and Persons with Disabilities
Property Tax Relief Act or any distributions or items of
income described under subparagraph (X) of paragraph (2) of
subsection (a) of Section 203 of the Illinois Income Tax Act.

The Department shall by rule establish the amounts of
assets to be disregarded in determining eligibility for
medical assistance, which shall at a minimum equal the amounts
to be disregarded under the Federal Supplemental Security
Income Program. The amount of assets of a single person to be
disregarded shall not be less than $2,000, and the amount of
assets of a married couple to be disregarded shall not be less
than $3,000.
To the extent permitted under federal law, any person
found guilty of a second violation of Article VIIIA shall be
ineligible for medical assistance under this Article, as
provided in Section 8A-8.
The eligibility of any person for medical assistance under
this Article shall not be affected by the receipt by the person
of donations or benefits from fundraisers held for the person
in cases of serious illness, as long as neither the person nor
members of the person's family have actual control over the
donations or benefits or the disbursement of the donations or
benefits.
Notwithstanding any other provision of this Code, if the
United States Supreme Court holds Title II, Subtitle A,
Section 2001(a) of Public Law 111-148 to be unconstitutional,
or if a holding of Public Law 111-148 makes Medicaid
eligibility allowed under Section 2001(a) inoperable, the
State or a unit of local government shall be prohibited from
enrolling individuals in the Medical Assistance Program as the

result of federal approval of a State Medicaid waiver on or
after June 14, 2012 (the effective date of Public Act 97-687)
this amendatory Act of the 97th General Assembly, and any
individuals enrolled in the Medical Assistance Program
pursuant to eligibility permitted as a result of such a State
Medicaid waiver shall become immediately ineligible.
Notwithstanding any other provision of this Code, if an
Act of Congress that becomes a Public Law eliminates Section
2001(a) of Public Law 111-148, the State or a unit of local
government shall be prohibited from enrolling individuals in
the Medical Assistance Program as the result of federal
approval of a State Medicaid waiver on or after June 14, 2012
(the effective date of Public Act 97-687) this amendatory Act
of the 97th General Assembly, and any individuals enrolled in
the Medical Assistance Program pursuant to eligibility
permitted as a result of such a State Medicaid waiver shall
become immediately ineligible.
Effective October 1, 2013, the determination of
eligibility of persons who qualify under paragraphs 5, 6, 8,
15, 17, and 18 of this Section shall comply with the
requirements of 42 U.S.C. 1396a(e)(14) and applicable federal
regulations.
The Department of Healthcare and Family Services, the
Department of Human Services, and the Illinois health
insurance marketplace shall work cooperatively to assist
persons who would otherwise lose health benefits as a result

of changes made under Public Act 98-104 this amendatory Act of
the 98th General Assembly to transition to other health
insurance coverage.
(Source: P.A. 101-10, eff. 6-5-19; 101-649, eff. 7-7-20;
revised 8-24-20.)
(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
Sec. 5-5. Medical services. The Illinois Department, by
rule, shall determine the quantity and quality of and the rate
of reimbursement for the medical assistance for which payment
will be authorized, and the medical services to be provided,
which may include all or part of the following: (1) inpatient
hospital services; (2) outpatient hospital services; (3) other
laboratory and X-ray services; (4) skilled nursing home
services; (5) physicians' services whether furnished in the
office, the patient's home, a hospital, a skilled nursing
home, or elsewhere; (6) medical care, or any other type of
remedial care furnished by licensed practitioners; (7) home
health care services; (8) private duty nursing service; (9)
clinic services; (10) dental services, including prevention
and treatment of periodontal disease and dental caries disease
for pregnant women, provided by an individual licensed to
practice dentistry or dental surgery; for purposes of this
item (10), "dental services" means diagnostic, preventive, or
corrective procedures provided by or under the supervision of
a dentist in the practice of his or her profession; (11)

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

persons who rely on treatment by spiritual means alone through
prayer for healing.
Notwithstanding any other provision of this Section, a
comprehensive tobacco use cessation program that includes
purchasing prescription drugs or prescription medical devices
approved by the Food and Drug Administration shall be covered
under the medical assistance program under this Article for
persons who are otherwise eligible for assistance under this
Article.
Notwithstanding any other provision of this Code,
reproductive health care that is otherwise legal in Illinois
shall be covered under the medical assistance program for
persons who are otherwise eligible for medical assistance
under this Article.
Notwithstanding any other provision of this Code, the
Illinois Department may not require, as a condition of payment
for any laboratory test authorized under this Article, that a
physician's handwritten signature appear on the laboratory
test order form. The Illinois Department may, however, impose
other appropriate requirements regarding laboratory test order
documentation.
Upon receipt of federal approval of an amendment to the
Illinois Title XIX State Plan for this purpose, the Department
shall authorize the Chicago Public Schools (CPS) to procure a
vendor or vendors to manufacture eyeglasses for individuals
enrolled in a school within the CPS system. CPS shall ensure

that its vendor or vendors are enrolled as providers in the
medical assistance program and in any capitated Medicaid
managed care entity (MCE) serving individuals enrolled in a
school within the CPS system. Under any contract procured
under this provision, the vendor or vendors must serve only
individuals enrolled in a school within the CPS system. Claims
for services provided by CPS's vendor or vendors to recipients
of benefits in the medical assistance program under this Code,
the Children's Health Insurance Program, or the Covering ALL
KIDS Health Insurance Program shall be submitted to the
Department or the MCE in which the individual is enrolled for
payment and shall be reimbursed at the Department's or the
MCE's established rates or rate methodologies for eyeglasses.
On and after July 1, 2012, the Department of Healthcare
and Family Services may provide the following services to
persons eligible for assistance under this Article who are
participating in education, training or employment programs
operated by the Department of Human Services as successor to
the Department of Public Aid:
(1) dental services provided by or under the
supervision of a dentist; and
(2) eyeglasses prescribed by a physician skilled in
the diseases of the eye, or by an optometrist, whichever
the person may select.
On and after July 1, 2018, the Department of Healthcare
and Family Services shall provide dental services to any adult

who is otherwise eligible for assistance under the medical
assistance program. As used in this paragraph, "dental
services" means diagnostic, preventative, restorative, or
corrective procedures, including procedures and services for
the prevention and treatment of periodontal disease and dental
caries disease, provided by an individual who is licensed to
practice dentistry or dental surgery or who is under the
supervision of a dentist in the practice of his or her
profession.
On and after July 1, 2018, targeted dental services, as
set forth in Exhibit D of the Consent Decree entered by the
United States District Court for the Northern District of
Illinois, Eastern Division, in the matter of Memisovski v.
Maram, Case No. 92 C 1982, that are provided to adults under
the medical assistance program shall be established at no less
than the rates set forth in the "New Rate" column in Exhibit D
of the Consent Decree for targeted dental services that are
provided to persons under the age of 18 under the medical
assistance program.
Notwithstanding any other provision of this Code and
subject to federal approval, the Department may adopt rules to
allow a dentist who is volunteering his or her service at no
cost to render dental services through an enrolled
not-for-profit health clinic without the dentist personally
enrolling as a participating provider in the medical
assistance program. A not-for-profit health clinic shall

include a public health clinic or Federally Qualified Health
Center or other enrolled provider, as determined by the
Department, through which dental services covered under this
Section are performed. The Department shall establish a
process for payment of claims for reimbursement for covered
dental services rendered under this provision.
The Illinois Department, by rule, may distinguish and
classify the medical services to be provided only in
accordance with the classes of persons designated in Section
5-2.
The Department of Healthcare and Family Services must
provide coverage and reimbursement for amino acid-based
elemental formulas, regardless of delivery method, for the
diagnosis and treatment of (i) eosinophilic disorders and (ii)
short bowel syndrome when the prescribing physician has issued
a written order stating that the amino acid-based elemental
formula is medically necessary.
The Illinois Department shall authorize the provision of,
and shall authorize payment for, screening by low-dose
mammography for the presence of occult breast cancer for women
35 years of age or older who are eligible for medical
assistance under this Article, as follows:
(A) A baseline mammogram for women 35 to 39 years of
age.
(B) An annual mammogram for women 40 years of age or
older.

(C) A mammogram at the age and intervals considered
medically necessary by the woman's health care provider
for women under 40 years of age and having a family history
of breast cancer, prior personal history of breast cancer,
positive genetic testing, or other risk factors.
(D) A comprehensive ultrasound screening and MRI of an
entire breast or breasts if a mammogram demonstrates
heterogeneous or dense breast tissue or when medically
necessary as determined by a physician licensed to
practice medicine in all of its branches.
(E) A screening MRI when medically necessary, as
determined by a physician licensed to practice medicine in
all of its branches.
(F) A diagnostic mammogram when medically necessary,
as determined by a physician licensed to practice medicine
in all its branches, advanced practice registered nurse,
or physician assistant.
The Department shall not impose a deductible, coinsurance,
copayment, or any other cost-sharing requirement on the
coverage provided under this paragraph; except that this
sentence does not apply to coverage of diagnostic mammograms
to the extent such coverage would disqualify a high-deductible
health plan from eligibility for a health savings account
pursuant to Section 223 of the Internal Revenue Code (26
U.S.C. 223).
All screenings shall include a physical breast exam,

instruction on self-examination and information regarding the
frequency of self-examination and its value as a preventative
tool.
For purposes of this Section:
"Diagnostic mammogram" means a mammogram obtained using
diagnostic mammography.
"Diagnostic mammography" means a method of screening that
is designed to evaluate an abnormality in a breast, including
an abnormality seen or suspected on a screening mammogram or a
subjective or objective abnormality otherwise detected in the
breast.
"Low-dose mammography" means the x-ray examination of the
breast using equipment dedicated specifically for mammography,
including the x-ray tube, filter, compression device, and
image receptor, with an average radiation exposure delivery of
less than one rad per breast for 2 views of an average size
breast. The term also includes digital mammography and
includes breast tomosynthesis.
"Breast tomosynthesis" means a radiologic procedure that
involves the acquisition of projection images over the
stationary breast to produce cross-sectional digital
three-dimensional images of the breast.
If, at any time, the Secretary of the United States
Department of Health and Human Services, or its successor
agency, promulgates rules or regulations to be published in
the Federal Register or publishes a comment in the Federal

Register or issues an opinion, guidance, or other action that
would require the State, pursuant to any provision of the
Patient Protection and Affordable Care Act (Public Law
111-148), including, but not limited to, 42 U.S.C.
18031(d)(3)(B) or any successor provision, to defray the cost
of any coverage for breast tomosynthesis outlined in this
paragraph, then the requirement that an insurer cover breast
tomosynthesis is inoperative other than any such coverage
authorized under Section 1902 of the Social Security Act, 42
U.S.C. 1396a, and the State shall not assume any obligation
for the cost of coverage for breast tomosynthesis set forth in
this paragraph.
On and after January 1, 2016, the Department shall ensure
that all networks of care for adult clients of the Department
include access to at least one breast imaging Center of
Imaging Excellence as certified by the American College of
Radiology.
On and after January 1, 2012, providers participating in a
quality improvement program approved by the Department shall
be reimbursed for screening and diagnostic mammography at the
same rate as the Medicare program's rates, including the
increased reimbursement for digital mammography.
The Department shall convene an expert panel including
representatives of hospitals, free-standing mammography
facilities, and doctors, including radiologists, to establish
quality standards for mammography.

On and after January 1, 2017, providers participating in a
breast cancer treatment quality improvement program approved
by the Department shall be reimbursed for breast cancer
treatment at a rate that is no lower than 95% of the Medicare
program's rates for the data elements included in the breast
cancer treatment quality program.
The Department shall convene an expert panel, including
representatives of hospitals, free-standing breast cancer
treatment centers, breast cancer quality organizations, and
doctors, including breast surgeons, reconstructive breast
surgeons, oncologists, and primary care providers to establish
quality standards for breast cancer treatment.
Subject to federal approval, the Department shall
establish a rate methodology for mammography at federally
qualified health centers and other encounter-rate clinics.
These clinics or centers may also collaborate with other
hospital-based mammography facilities. By January 1, 2016, the
Department shall report to the General Assembly on the status
of the provision set forth in this paragraph.
The Department shall establish a methodology to remind
women who are age-appropriate for screening mammography, but
who have not received a mammogram within the previous 18
months, of the importance and benefit of screening
mammography. The Department shall work with experts in breast
cancer outreach and patient navigation to optimize these
reminders and shall establish a methodology for evaluating

their effectiveness and modifying the methodology based on the
evaluation.
The Department shall establish a performance goal for
primary care providers with respect to their female patients
over age 40 receiving an annual mammogram. This performance
goal shall be used to provide additional reimbursement in the
form of a quality performance bonus to primary care providers
who meet that goal.
The Department shall devise a means of case-managing or
patient navigation for beneficiaries diagnosed with breast
cancer. This program shall initially operate as a pilot
program in areas of the State with the highest incidence of
mortality related to breast cancer. At least one pilot program
site shall be in the metropolitan Chicago area and at least one
site shall be outside the metropolitan Chicago area. On or
after July 1, 2016, the pilot program shall be expanded to
include one site in western Illinois, one site in southern
Illinois, one site in central Illinois, and 4 sites within
metropolitan Chicago. An evaluation of the pilot program shall
be carried out measuring health outcomes and cost of care for
those served by the pilot program compared to similarly
situated patients who are not served by the pilot program.
The Department shall require all networks of care to
develop a means either internally or by contract with experts
in navigation and community outreach to navigate cancer
patients to comprehensive care in a timely fashion. The

Department shall require all networks of care to include
access for patients diagnosed with cancer to at least one
academic commission on cancer-accredited cancer program as an
in-network covered benefit.
Any medical or health care provider shall immediately
recommend, to any pregnant woman who is being provided
prenatal services and is suspected of having a substance use
disorder as defined in the Substance Use Disorder Act,
referral to a local substance use disorder treatment program
licensed by the Department of Human Services or to a licensed
hospital which provides substance abuse treatment services.
The Department of Healthcare and Family Services shall assure
coverage for the cost of treatment of the drug abuse or
addiction for pregnant recipients in accordance with the
Illinois Medicaid Program in conjunction with the Department
of Human Services.
All medical providers providing medical assistance to
pregnant women under this Code shall receive information from
the Department on the availability of services under any
program providing case management services for addicted women,
including information on appropriate referrals for other
social services that may be needed by addicted women in
addition to treatment for addiction.
The Illinois Department, in cooperation with the
Departments of Human Services (as successor to the Department
of Alcoholism and Substance Abuse) and Public Health, through

a public awareness campaign, may provide information
concerning treatment for alcoholism and drug abuse and
addiction, prenatal health care, and other pertinent programs
directed at reducing the number of drug-affected infants born
to recipients of medical assistance.
Neither the Department of Healthcare and Family Services
nor the Department of Human Services shall sanction the
recipient solely on the basis of her substance abuse.
The Illinois Department shall establish such regulations
governing the dispensing of health services under this Article
as it shall deem appropriate. The Department should seek the
advice of formal professional advisory committees appointed by
the Director of the Illinois Department for the purpose of
providing regular advice on policy and administrative matters,
information dissemination and educational activities for
medical and health care providers, and consistency in
procedures to the Illinois Department.
The Illinois Department may develop and contract with
Partnerships of medical providers to arrange medical services
for persons eligible under Section 5-2 of this Code.
Implementation of this Section may be by demonstration
projects in certain geographic areas. The Partnership shall be
represented by a sponsor organization. The Department, by
rule, shall develop qualifications for sponsors of
Partnerships. Nothing in this Section shall be construed to
require that the sponsor organization be a medical

organization.
The sponsor must negotiate formal written contracts with
medical providers for physician services, inpatient and
outpatient hospital care, home health services, treatment for
alcoholism and substance abuse, and other services determined
necessary by the Illinois Department by rule for delivery by
Partnerships. Physician services must include prenatal and
obstetrical care. The Illinois Department shall reimburse
medical services delivered by Partnership providers to clients
in target areas according to provisions of this Article and
the Illinois Health Finance Reform Act, except that:
(1) Physicians participating in a Partnership and
providing certain services, which shall be determined by
the Illinois Department, to persons in areas covered by
the Partnership may receive an additional surcharge for
such services.
(2) The Department may elect to consider and negotiate
financial incentives to encourage the development of
Partnerships and the efficient delivery of medical care.
(3) Persons receiving medical services through
Partnerships may receive medical and case management
services above the level usually offered through the
medical assistance program.
Medical providers shall be required to meet certain
qualifications to participate in Partnerships to ensure the
delivery of high quality medical services. These

qualifications shall be determined by rule of the Illinois
Department and may be higher than qualifications for
participation in the medical assistance program. Partnership
sponsors may prescribe reasonable additional qualifications
for participation by medical providers, only with the prior
written approval of the Illinois Department.
Nothing in this Section shall limit the free choice of
practitioners, hospitals, and other providers of medical
services by clients. In order to ensure patient freedom of
choice, the Illinois Department shall immediately promulgate
all rules and take all other necessary actions so that
provided services may be accessed from therapeutically
certified optometrists to the full extent of the Illinois
Optometric Practice Act of 1987 without discriminating between
service providers.
The Department shall apply for a waiver from the United
States Health Care Financing Administration to allow for the
implementation of Partnerships under this Section.
The Illinois Department shall require health care
providers to maintain records that document the medical care
and services provided to recipients of Medical Assistance
under this Article. Such records must be retained for a period
of not less than 6 years from the date of service or as
provided by applicable State law, whichever period is longer,
except that if an audit is initiated within the required
retention period then the records must be retained until the

audit is completed and every exception is resolved. The
Illinois Department shall require health care providers to
make available, when authorized by the patient, in writing,
the medical records in a timely fashion to other health care
providers who are treating or serving persons eligible for
Medical Assistance under this Article. All dispensers of
medical services shall be required to maintain and retain
business and professional records sufficient to fully and
accurately document the nature, scope, details and receipt of
the health care provided to persons eligible for medical
assistance under this Code, in accordance with regulations
promulgated by the Illinois Department. The rules and
regulations shall require that proof of the receipt of
prescription drugs, dentures, prosthetic devices and
eyeglasses by eligible persons under this Section accompany
each claim for reimbursement submitted by the dispenser of
such medical services. No such claims for reimbursement shall
be approved for payment by the Illinois Department without
such proof of receipt, unless the Illinois Department shall
have put into effect and shall be operating a system of
post-payment audit and review which shall, on a sampling
basis, be deemed adequate by the Illinois Department to assure
that such drugs, dentures, prosthetic devices and eyeglasses
for which payment is being made are actually being received by
eligible recipients. Within 90 days after September 16, 1984
(the effective date of Public Act 83-1439), the Illinois

Department shall establish a current list of acquisition costs
for all prosthetic devices and any other items recognized as
medical equipment and supplies reimbursable under this Article
and shall update such list on a quarterly basis, except that
the acquisition costs of all prescription drugs shall be
updated no less frequently than every 30 days as required by
Section 5-5.12.
Notwithstanding any other law to the contrary, the
Illinois Department shall, within 365 days after July 22, 2013
(the effective date of Public Act 98-104), establish
procedures to permit skilled care facilities licensed under
the Nursing Home Care Act to submit monthly billing claims for
reimbursement purposes. Following development of these
procedures, the Department shall, by July 1, 2016, test the
viability of the new system and implement any necessary
operational or structural changes to its information
technology platforms in order to allow for the direct
acceptance and payment of nursing home claims.
Notwithstanding any other law to the contrary, the
Illinois Department shall, within 365 days after August 15,
2014 (the effective date of Public Act 98-963), establish
procedures to permit ID/DD facilities licensed under the ID/DD
Community Care Act and MC/DD facilities licensed under the
MC/DD Act to submit monthly billing claims for reimbursement
purposes. Following development of these procedures, the
Department shall have an additional 365 days to test the

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

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

of risk of the vendor that is terminated or disenrolled during
the conditional enrollment period.
To be eligible for payment consideration, a vendor's
payment claim or bill, either as an initial claim or as a
resubmitted claim following prior rejection, must be received
by the Illinois Department, or its fiscal intermediary, no
later than 180 days after the latest date on the claim on which
medical goods or services were provided, with the following
exceptions:
(1) In the case of a provider whose enrollment is in
process by the Illinois Department, the 180-day period
shall not begin until the date on the written notice from
the Illinois Department that the provider enrollment is
complete.
(2) In the case of errors attributable to the Illinois
Department or any of its claims processing intermediaries
which result in an inability to receive, process, or
adjudicate a claim, the 180-day period shall not begin
until the provider has been notified of the error.
(3) In the case of a provider for whom the Illinois
Department initiates the monthly billing process.
(4) In the case of a provider operated by a unit of
local government with a population exceeding 3,000,000
when local government funds finance federal participation
for claims payments.
For claims for services rendered during a period for which

a recipient received retroactive eligibility, claims must be
filed within 180 days after the Department determines the
applicant is eligible. For claims for which the Illinois
Department is not the primary payer, claims must be submitted
to the Illinois Department within 180 days after the final
adjudication by the primary payer.
In the case of long term care facilities, within 45
calendar days of receipt by the facility of required
prescreening information, new admissions with associated
admission documents shall be submitted through the Medical
Electronic Data Interchange (MEDI) or the Recipient
Eligibility Verification (REV) System or shall be submitted
directly to the Department of Human Services using required
admission forms. Effective September 1, 2014, admission
documents, including all prescreening information, must be
submitted through MEDI or REV. Confirmation numbers assigned
to an accepted transaction shall be retained by a facility to
verify timely submittal. Once an admission transaction has
been completed, all resubmitted claims following prior
rejection are subject to receipt no later than 180 days after
the admission transaction has been completed.
Claims that are not submitted and received in compliance
with the foregoing requirements shall not be eligible for
payment under the medical assistance program, and the State
shall have no liability for payment of those claims.
To the extent consistent with applicable information and

privacy, security, and disclosure laws, State and federal
agencies and departments shall provide the Illinois Department
access to confidential and other information and data
necessary to perform eligibility and payment verifications and
other Illinois Department functions. This includes, but is not
limited to: information pertaining to licensure;
certification; earnings; immigration status; citizenship; wage
reporting; unearned and earned income; pension income;
employment; supplemental security income; social security
numbers; National Provider Identifier (NPI) numbers; the
National Practitioner Data Bank (NPDB); program and agency
exclusions; taxpayer identification numbers; tax delinquency;
corporate information; and death records.
The Illinois Department shall enter into agreements with
State agencies and departments, and is authorized to enter
into agreements with federal agencies and departments, under
which such agencies and departments shall share data necessary
for medical assistance program integrity functions and
oversight. The Illinois Department shall develop, in
cooperation with other State departments and agencies, and in
compliance with applicable federal laws and regulations,
appropriate and effective methods to share such data. At a
minimum, and to the extent necessary to provide data sharing,
the Illinois Department shall enter into agreements with State
agencies and departments, and is authorized to enter into
agreements with federal agencies and departments, including,

but not limited to: the Secretary of State; the Department of
Revenue; the Department of Public Health; the Department of
Human Services; and the Department of Financial and
Professional Regulation.
Beginning in fiscal year 2013, the Illinois Department
shall set forth a request for information to identify the
benefits of a pre-payment, post-adjudication, and post-edit
claims system with the goals of streamlining claims processing
and provider reimbursement, reducing the number of pending or
rejected claims, and helping to ensure a more transparent
adjudication process through the utilization of: (i) provider
data verification and provider screening technology; and (ii)
clinical code editing; and (iii) pre-pay, pre- or
post-adjudicated predictive modeling with an integrated case
management system with link analysis. Such a request for
information shall not be considered as a request for proposal
or as an obligation on the part of the Illinois Department to
take any action or acquire any products or services.
The Illinois Department shall establish policies,
procedures, standards and criteria by rule for the
acquisition, repair and replacement of orthotic and prosthetic
devices and durable medical equipment. Such rules shall
provide, but not be limited to, the following services: (1)
immediate repair or replacement of such devices by recipients;
and (2) rental, lease, purchase or lease-purchase of durable
medical equipment in a cost-effective manner, taking into

consideration the recipient's medical prognosis, the extent of
the recipient's needs, and the requirements and costs for
maintaining such equipment. Subject to prior approval, such
rules shall enable a recipient to temporarily acquire and use
alternative or substitute devices or equipment pending repairs
or replacements of any device or equipment previously
authorized for such recipient by the Department.
Notwithstanding any provision of Section 5-5f to the contrary,
the Department may, by rule, exempt certain replacement
wheelchair parts from prior approval and, for wheelchairs,
wheelchair parts, wheelchair accessories, and related seating
and positioning items, determine the wholesale price by
methods other than actual acquisition costs.
The Department shall require, by rule, all providers of
durable medical equipment to be accredited by an accreditation
organization approved by the federal Centers for Medicare and
Medicaid Services and recognized by the Department in order to
bill the Department for providing durable medical equipment to
recipients. No later than 15 months after the effective date
of the rule adopted pursuant to this paragraph, all providers
must meet the accreditation requirement.
In order to promote environmental responsibility, meet the
needs of recipients and enrollees, and achieve significant
cost savings, the Department, or a managed care organization
under contract with the Department, may provide recipients or
managed care enrollees who have a prescription or Certificate

of Medical Necessity access to refurbished durable medical
equipment under this Section (excluding prosthetic and
orthotic devices as defined in the Orthotics, Prosthetics, and
Pedorthics Practice Act and complex rehabilitation technology
products and associated services) through the State's
assistive technology program's reutilization program, using
staff with the Assistive Technology Professional (ATP)
Certification if the refurbished durable medical equipment:
(i) is available; (ii) is less expensive, including shipping
costs, than new durable medical equipment of the same type;
(iii) is able to withstand at least 3 years of use; (iv) is
cleaned, disinfected, sterilized, and safe in accordance with
federal Food and Drug Administration regulations and guidance
governing the reprocessing of medical devices in health care
settings; and (v) equally meets the needs of the recipient or
enrollee. The reutilization program shall confirm that the
recipient or enrollee is not already in receipt of same or
similar equipment from another service provider, and that the
refurbished durable medical equipment equally meets the needs
of the recipient or enrollee. Nothing in this paragraph shall
be construed to limit recipient or enrollee choice to obtain
new durable medical equipment or place any additional prior
authorization conditions on enrollees of managed care
organizations.
The Department shall execute, relative to the nursing home
prescreening project, written inter-agency agreements with the

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

implementing lower level of care eligibility criteria for
community-based services in circumstances where federal
approval has been granted.
The Illinois Department shall develop and operate, in
cooperation with other State Departments and agencies and in
compliance with applicable federal laws and regulations,
appropriate and effective systems of health care evaluation
and programs for monitoring of utilization of health care
services and facilities, as it affects persons eligible for
medical assistance under this Code.
The Illinois Department shall report annually to the
General Assembly, no later than the second Friday in April of
1979 and each year thereafter, in regard to:
(a) actual statistics and trends in utilization of
medical services by public aid recipients;
(b) actual statistics and trends in the provision of
the various medical services by medical vendors;
(c) current rate structures and proposed changes in
those rate structures for the various medical vendors; and
(d) efforts at utilization review and control by the
Illinois Department.
The period covered by each report shall be the 3 years
ending on the June 30 prior to the report. The report shall
include suggested legislation for consideration by the General
Assembly. The requirement for reporting to the General
Assembly shall be satisfied by filing copies of the report as

required by Section 3.1 of the General Assembly Organization
Act, and filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
On and after July 1, 2012, the Department shall reduce any
rate of reimbursement for services or other payments or alter
any methodologies authorized by this Code to reduce any rate
of reimbursement for services or other payments in accordance
with Section 5-5e.
Because kidney transplantation can be an appropriate,
cost-effective alternative to renal dialysis when medically
necessary and notwithstanding the provisions of Section 1-11
of this Code, beginning October 1, 2014, the Department shall
cover kidney transplantation for noncitizens with end-stage
renal disease who are not eligible for comprehensive medical
benefits, who meet the residency requirements of Section 5-3
of this Code, and who would otherwise meet the financial
requirements of the appropriate class of eligible persons
under Section 5-2 of this Code. To qualify for coverage of

kidney transplantation, such person must be receiving
emergency renal dialysis services covered by the Department.
Providers under this Section shall be prior approved and
certified by the Department to perform kidney transplantation
and the services under this Section shall be limited to
services associated with kidney transplantation.
Notwithstanding any other provision of this Code to the
contrary, on or after July 1, 2015, all FDA approved forms of
medication assisted treatment prescribed for the treatment of
alcohol dependence or treatment of opioid dependence shall be
covered under both fee for service and managed care medical
assistance programs for persons who are otherwise eligible for
medical assistance under this Article and shall not be subject
to any (1) utilization control, other than those established
under the American Society of Addiction Medicine patient
placement criteria, (2) prior authorization mandate, or (3)
lifetime restriction limit mandate.
On or after July 1, 2015, opioid antagonists prescribed
for the treatment of an opioid overdose, including the
medication product, administration devices, and any pharmacy
fees related to the dispensing and administration of the
opioid antagonist, shall be covered under the medical
assistance program for persons who are otherwise eligible for
medical assistance under this Article. As used in this
Section, "opioid antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effect of opioids acting

on those receptors, including, but not limited to, naloxone
hydrochloride or any other similarly acting drug approved by
the U.S. Food and Drug Administration.
Upon federal approval, the Department shall provide
coverage and reimbursement for all drugs that are approved for
marketing by the federal Food and Drug Administration and that
are recommended by the federal Public Health Service or the
United States Centers for Disease Control and Prevention for
pre-exposure prophylaxis and related pre-exposure prophylaxis
services, including, but not limited to, HIV and sexually
transmitted infection screening, treatment for sexually
transmitted infections, medical monitoring, assorted labs, and
counseling to reduce the likelihood of HIV infection among
individuals who are not infected with HIV but who are at high
risk of HIV infection.
A federally qualified health center, as defined in Section
1905(l)(2)(B) of the federal Social Security Act, shall be
reimbursed by the Department in accordance with the federally
qualified health center's encounter rate for services provided
to medical assistance recipients that are performed by a
dental hygienist, as defined under the Illinois Dental
Practice Act, working under the general supervision of a
dentist and employed by a federally qualified health center.
(Source: P.A. 100-201, eff. 8-18-17; 100-395, eff. 1-1-18;
100-449, eff. 1-1-18; 100-538, eff. 1-1-18; 100-587, eff.
6-4-18; 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-974,

eff. 8-19-18; 100-1009, eff. 1-1-19; 100-1018, eff. 1-1-19;
100-1148, eff. 12-10-18; 101-209, eff. 8-5-19; 101-580, eff.
1-1-20; revised 9-18-19.)
(305 ILCS 5/5-5.07)
Sec. 5-5.07. Inpatient psychiatric stay; DCFS per diem
rate. The Department of Children and Family Services shall pay
the DCFS per diem rate for inpatient psychiatric stay at a
free-standing psychiatric hospital effective the 11th day when
a child is in the hospital beyond medical necessity, and the
parent or caregiver has denied the child access to the home and
has refused or failed to make provisions for another living
arrangement for the child or the child's discharge is being
delayed due to a pending inquiry or investigation by the
Department of Children and Family Services. If any portion of
a hospital stay is reimbursed under this Section, the hospital
stay shall not be eligible for payment under the provisions of
Section 14-13 of this Code. This Section is inoperative on and
after July 1, 2020 2019.
(Source: P.A. 100-646, eff. 7-27-18; reenacted by P.A. 101-15,
eff. 6-14-19; reenacted by P.A. 101-209, eff. 8-5-19; revised
9-24-19.)
(305 ILCS 5/5-5.2) (from Ch. 23, par. 5-5.2)
Sec. 5-5.2. Payment.
(a) All nursing facilities that are grouped pursuant to

Section 5-5.1 of this Act shall receive the same rate of
payment for similar services.
(b) It shall be a matter of State policy that the Illinois
Department shall utilize a uniform billing cycle throughout
the State for the long-term care providers.
(c) Notwithstanding any other provisions of this Code, the
methodologies for reimbursement of nursing services as
provided under this Article shall no longer be applicable for
bills payable for nursing services rendered on or after a new
reimbursement system based on the Resource Utilization Groups
(RUGs) has been fully operationalized, which shall take effect
for services provided on or after January 1, 2014.
(d) The new nursing services reimbursement methodology
utilizing RUG-IV 48 grouper model, which shall be referred to
as the RUGs reimbursement system, taking effect January 1,
2014, shall be based on the following:
(1) The methodology shall be resident-driven,
facility-specific, and cost-based.
(2) Costs shall be annually rebased and case mix index
quarterly updated. The nursing services methodology will
be assigned to the Medicaid enrolled residents on record
as of 30 days prior to the beginning of the rate period in
the Department's Medicaid Management Information System
(MMIS) as present on the last day of the second quarter
preceding the rate period based upon the Assessment
Reference Date of the Minimum Data Set (MDS).

(3) Regional wage adjustors based on the Health
Service Areas (HSA) groupings and adjusters in effect on
April 30, 2012 shall be included.
(4) Case mix index shall be assigned to each resident
class based on the Centers for Medicare and Medicaid
Services staff time measurement study in effect on July 1,
2013, utilizing an index maximization approach.
(5) The pool of funds available for distribution by
case mix and the base facility rate shall be determined
using the formula contained in subsection (d-1).
(d-1) Calculation of base year Statewide RUG-IV nursing
base per diem rate.
(1) Base rate spending pool shall be:
(A) The base year resident days which are
calculated by multiplying the number of Medicaid
residents in each nursing home as indicated in the MDS
data defined in paragraph (4) by 365.
(B) Each facility's nursing component per diem in
effect on July 1, 2012 shall be multiplied by
subsection (A).
(C) Thirteen million is added to the product of
subparagraph (A) and subparagraph (B) to adjust for
the exclusion of nursing homes defined in paragraph
(5).
(2) For each nursing home with Medicaid residents as
indicated by the MDS data defined in paragraph (4),

weighted days adjusted for case mix and regional wage
adjustment shall be calculated. For each home this
calculation is the product of:
(A) Base year resident days as calculated in
subparagraph (A) of paragraph (1).
(B) The nursing home's regional wage adjustor
based on the Health Service Areas (HSA) groupings and
adjustors in effect on April 30, 2012.
(C) Facility weighted case mix which is the number
of Medicaid residents as indicated by the MDS data
defined in paragraph (4) multiplied by the associated
case weight for the RUG-IV 48 grouper model using
standard RUG-IV procedures for index maximization.
(D) The sum of the products calculated for each
nursing home in subparagraphs (A) through (C) above
shall be the base year case mix, rate adjusted
weighted days.
(3) The Statewide RUG-IV nursing base per diem rate:
(A) on January 1, 2014 shall be the quotient of the
paragraph (1) divided by the sum calculated under
subparagraph (D) of paragraph (2); and
(B) on and after July 1, 2014, shall be the amount
calculated under subparagraph (A) of this paragraph
(3) plus $1.76.
(4) Minimum Data Set (MDS) comprehensive assessments
for Medicaid residents on the last day of the quarter used

to establish the base rate.
(5) Nursing facilities designated as of July 1, 2012
by the Department as "Institutions for Mental Disease"
shall be excluded from all calculations under this
subsection. The data from these facilities shall not be
used in the computations described in paragraphs (1)
through (4) above to establish the base rate.
(e) Beginning July 1, 2014, the Department shall allocate
funding in the amount up to $10,000,000 for per diem add-ons to
the RUGS methodology for dates of service on and after July 1,
2014:
(1) $0.63 for each resident who scores in I4200
Alzheimer's Disease or I4800 non-Alzheimer's Dementia.
(2) $2.67 for each resident who scores either a "1" or
"2" in any items S1200A through S1200I and also scores in
RUG groups PA1, PA2, BA1, or BA2.
(e-1) (Blank).
(e-2) For dates of services beginning January 1, 2014, the
RUG-IV nursing component per diem for a nursing home shall be
the product of the statewide RUG-IV nursing base per diem
rate, the facility average case mix index, and the regional
wage adjustor. Transition rates for services provided between
January 1, 2014 and December 31, 2014 shall be as follows:
(1) The transition RUG-IV per diem nursing rate for
nursing homes whose rate calculated in this subsection
(e-2) is greater than the nursing component rate in effect

July 1, 2012 shall be paid the sum of:
(A) The nursing component rate in effect July 1,
2012; plus
(B) The difference of the RUG-IV nursing component
per diem calculated for the current quarter minus the
nursing component rate in effect July 1, 2012
multiplied by 0.88.
(2) The transition RUG-IV per diem nursing rate for
nursing homes whose rate calculated in this subsection
(e-2) is less than the nursing component rate in effect
July 1, 2012 shall be paid the sum of:
(A) The nursing component rate in effect July 1,
2012; plus
(B) The difference of the RUG-IV nursing component
per diem calculated for the current quarter minus the
nursing component rate in effect July 1, 2012
multiplied by 0.13.
(f) Notwithstanding any other provision of this Code, on
and after July 1, 2012, reimbursement rates associated with
the nursing or support components of the current nursing
facility rate methodology shall not increase beyond the level
effective May 1, 2011 until a new reimbursement system based
on the RUGs IV 48 grouper model has been fully
operationalized.
(g) Notwithstanding any other provision of this Code, on
and after July 1, 2012, for facilities not designated by the

Department of Healthcare and Family Services as "Institutions
for Mental Disease", rates effective May 1, 2011 shall be
adjusted as follows:
(1) Individual nursing rates for residents classified
in RUG IV groups PA1, PA2, BA1, and BA2 during the quarter
ending March 31, 2012 shall be reduced by 10%;
(2) Individual nursing rates for residents classified
in all other RUG IV groups shall be reduced by 1.0%;
(3) Facility rates for the capital and support
components shall be reduced by 1.7%.
(h) Notwithstanding any other provision of this Code, on
and after July 1, 2012, nursing facilities designated by the
Department of Healthcare and Family Services as "Institutions
for Mental Disease" and "Institutions for Mental Disease" that
are facilities licensed under the Specialized Mental Health
Rehabilitation Act of 2013 shall have the nursing,
socio-developmental, capital, and support components of their
reimbursement rate effective May 1, 2011 reduced in total by
2.7%.
(i) On and after July 1, 2014, the reimbursement rates for
the support component of the nursing facility rate for
facilities licensed under the Nursing Home Care Act as skilled
or intermediate care facilities shall be the rate in effect on
June 30, 2014 increased by 8.17%.
(j) Notwithstanding any other provision of law, subject to
federal approval, effective July 1, 2019, sufficient funds

shall be allocated for changes to rates for facilities
licensed under the Nursing Home Care Act as skilled nursing
facilities or intermediate care facilities for dates of
services on and after July 1, 2019: (i) to establish a per diem
add-on to the direct care per diem rate not to exceed
$70,000,000 annually in the aggregate taking into account
federal matching funds for the purpose of addressing the
facility's unique staffing needs, adjusted quarterly and
distributed by a weighted formula based on Medicaid bed days
on the last day of the second quarter preceding the quarter for
which the rate is being adjusted; and (ii) in an amount not to
exceed $170,000,000 annually in the aggregate taking into
account federal matching funds to permit the support component
of the nursing facility rate to be updated as follows:
(1) 80%, or $136,000,000, of the funds shall be used
to update each facility's rate in effect on June 30, 2019
using the most recent cost reports on file, which have had
a limited review conducted by the Department of Healthcare
and Family Services and will not hold up enacting the rate
increase, with the Department of Healthcare and Family
Services and taking into account subsection (i).
(2) After completing the calculation in paragraph (1),
any facility whose rate is less than the rate in effect on
June 30, 2019 shall have its rate restored to the rate in
effect on June 30, 2019 from the 20% of the funds set
aside.

(3) The remainder of the 20%, or $34,000,000, shall be
used to increase each facility's rate by an equal
percentage.
To implement item (i) in this subsection, facilities shall
file quarterly reports documenting compliance with its
annually approved staffing plan, which shall permit compliance
with Section 3-202.05 of the Nursing Home Care Act. A facility
that fails to meet the benchmarks and dates contained in the
plan may have its add-on adjusted in the quarter following the
quarterly review. Nothing in this Section shall limit the
ability of the facility to appeal a ruling of non-compliance
and a subsequent reduction to the add-on. Funds adjusted for
noncompliance shall be maintained in the Long-Term Care
Provider Fund and accounted for separately. At the end of each
fiscal year, these funds shall be made available to facilities
for special staffing projects.
In order to provide for the expeditious and timely
implementation of the provisions of Public Act 101-10 this
amendatory Act of the 101st General Assembly, emergency rules
to implement any provision of Public Act 101-10 this
amendatory Act of the 101st General Assembly may be adopted in
accordance with this subsection by the agency charged with
administering that provision or initiative. The agency shall
simultaneously file emergency rules and permanent rules to
ensure that there is no interruption in administrative
guidance. The 150-day limitation of the effective period of

emergency rules does not apply to rules adopted under this
subsection, and the effective period may continue through June
30, 2021. The 24-month limitation on the adoption of emergency
rules does not apply to rules adopted under this subsection.
The adoption of emergency rules authorized by this subsection
is deemed to be necessary for the public interest, safety, and
welfare.
(k) (j) During the first quarter of State Fiscal Year
2020, the Department of Healthcare of Family Services must
convene a technical advisory group consisting of members of
all trade associations representing Illinois skilled nursing
providers to discuss changes necessary with federal
implementation of Medicare's Patient-Driven Payment Model.
Implementation of Medicare's Patient-Driven Payment Model
shall, by September 1, 2020, end the collection of the MDS data
that is necessary to maintain the current RUG-IV Medicaid
payment methodology. The technical advisory group must
consider a revised reimbursement methodology that takes into
account transparency, accountability, actual staffing as
reported under the federally required Payroll Based Journal
system, changes to the minimum wage, adequacy in coverage of
the cost of care, and a quality component that rewards quality
improvements.
(Source: P.A. 101-10, eff. 6-5-19; 101-348, eff. 8-9-19;
revised 9-18-19.)

(305 ILCS 5/5-5.12) (from Ch. 23, par. 5-5.12)
Sec. 5-5.12. Pharmacy payments.
(a) Every request submitted by a pharmacy for
reimbursement under this Article for prescription drugs
provided to a recipient of aid under this Article shall
include the name of the prescriber or an acceptable
identification number as established by the Department.
(b) Pharmacies providing prescription drugs under this
Article shall be reimbursed at a rate which shall include a
professional dispensing fee as determined by the Illinois
Department, plus the current acquisition cost of the
prescription drug dispensed. The Illinois Department shall
update its information on the acquisition costs of all
prescription drugs no less frequently than every 30 days.
However, the Illinois Department may set the rate of
reimbursement for the acquisition cost, by rule, at a
percentage of the current average wholesale acquisition cost.
(c) (Blank).
(d) The Department shall review utilization of narcotic
medications in the medical assistance program and impose
utilization controls that protect against abuse.
(e) When making determinations as to which drugs shall be
on a prior approval list, the Department shall include as part
of the analysis for this determination, the degree to which a
drug may affect individuals in different ways based on factors
including the gender of the person taking the medication.

(f) The Department shall cooperate with the Department of
Public Health and the Department of Human Services Division of
Mental Health in identifying psychotropic medications that,
when given in a particular form, manner, duration, or
frequency (including "as needed") in a dosage, or in
conjunction with other psychotropic medications to a nursing
home resident or to a resident of a facility licensed under the
ID/DD Community Care Act or the MC/DD Act, may constitute a
chemical restraint or an "unnecessary drug" as defined by the
Nursing Home Care Act or Titles XVIII and XIX of the Social
Security Act and the implementing rules and regulations. The
Department shall require prior approval for any such
medication prescribed for a nursing home resident or to a
resident of a facility licensed under the ID/DD Community Care
Act or the MC/DD Act, that appears to be a chemical restraint
or an unnecessary drug. The Department shall consult with the
Department of Human Services Division of Mental Health in
developing a protocol and criteria for deciding whether to
grant such prior approval.
(g) The Department may by rule provide for reimbursement
of the dispensing of a 90-day supply of a generic or brand
name, non-narcotic maintenance medication in circumstances
where it is cost effective.
(g-5) On and after July 1, 2012, the Department may
require the dispensing of drugs to nursing home residents be
in a 7-day supply or other amount less than a 31-day supply.

The Department shall pay only one dispensing fee per 31-day
supply.
(h) Effective July 1, 2011, the Department shall
discontinue coverage of select over-the-counter drugs,
including analgesics and cough and cold and allergy
medications.
(h-5) On and after July 1, 2012, the Department shall
impose utilization controls, including, but not limited to,
prior approval on specialty drugs, oncolytic drugs, drugs for
the treatment of HIV or AIDS, immunosuppressant drugs, and
biological products in order to maximize savings on these
drugs. The Department may adjust payment methodologies for
non-pharmacy billed drugs in order to incentivize the
selection of lower-cost drugs. For drugs for the treatment of
AIDS, the Department shall take into consideration the
potential for non-adherence by certain populations, and shall
develop protocols with organizations or providers primarily
serving those with HIV/AIDS, as long as such measures intend
to maintain cost neutrality with other utilization management
controls such as prior approval. For hemophilia, the
Department shall develop a program of utilization review and
control which may include, in the discretion of the
Department, prior approvals. The Department may impose special
standards on providers that dispense blood factors which shall
include, in the discretion of the Department, staff training
and education; patient outreach and education; case

management; in-home patient assessments; assay management;
maintenance of stock; emergency dispensing timeframes; data
collection and reporting; dispensing of supplies related to
blood factor infusions; cold chain management and packaging
practices; care coordination; product recalls; and emergency
clinical consultation. The Department may require patients to
receive a comprehensive examination annually at an appropriate
provider in order to be eligible to continue to receive blood
factor.
(i) On and after July 1, 2012, the Department shall reduce
any rate of reimbursement for services or other payments or
alter any methodologies authorized by this Code to reduce any
rate of reimbursement for services or other payments in
accordance with Section 5-5e.
(j) On and after July 1, 2012, the Department shall impose
limitations on prescription drugs such that the Department
shall not provide reimbursement for more than 4 prescriptions,
including 3 brand name prescriptions, for distinct drugs in a
30-day period, unless prior approval is received for all
prescriptions in excess of the 4-prescription limit. Drugs in
the following therapeutic classes shall not be subject to
prior approval as a result of the 4-prescription limit:
immunosuppressant drugs, oncolytic drugs, anti-retroviral
drugs, and, on or after July 1, 2014, antipsychotic drugs. On
or after July 1, 2014, the Department may exempt children with
complex medical needs enrolled in a care coordination entity

contracted with the Department to solely coordinate care for
such children, if the Department determines that the entity
has a comprehensive drug reconciliation program.
(k) No medication therapy management program implemented
by the Department shall be contrary to the provisions of the
Pharmacy Practice Act.
(l) Any provider enrolled with the Department that bills
the Department for outpatient drugs and is eligible to enroll
in the federal Drug Pricing Program under Section 340B of the
federal Public Health Service Services Act shall enroll in
that program. No entity participating in the federal Drug
Pricing Program under Section 340B of the federal Public
Health Service Services Act may exclude Medicaid from their
participation in that program, although the Department may
exclude entities defined in Section 1905(l)(2)(B) of the
Social Security Act from this requirement.
(Source: P.A. 98-463, eff. 8-16-13; 98-651, eff. 6-16-14;
99-180, eff. 7-29-15; revised 9-2-20.)
(305 ILCS 5/5-30.11)
Sec. 5-30.11. Treatment of autism spectrum disorder.
Treatment of autism spectrum disorder through applied behavior
analysis shall be covered under the medical assistance program
under this Article for children with a diagnosis of autism
spectrum disorder when ordered by a physician licensed to
practice medicine in all its branches and rendered by a

licensed or certified health care professional with expertise
in applied behavior analysis. Such coverage may be limited to
age ranges based on evidence-based best practices. Appropriate
State plan amendments as well as rules regarding provision of
services and providers will be submitted by September 1, 2019.
(Source: P.A. 101-10, eff. 6-5-19.)
(305 ILCS 5/5-30.13)
Sec. 5-30.13 5-30.11. Managed care reports; minority-owned
and women-owned businesses. Each Medicaid managed care health
plan shall submit a report to the Department by March 1, 2020,
and every March 1 thereafter, that includes the following
information:
(1) The administrative expenses paid to the Medicaid
managed care health plan.
(2) The amount of money the Medicaid managed care
health plan has spent with Business Enterprise Program
certified businesses.
(3) The amount of money the Medicaid managed care
health plan has spent with minority-owned and women-owned
businesses that are certified by other agencies or private
organizations.
(4) The amount of money the Medicaid managed care
health plan has spent with not-for-profit community-based
organizations serving predominantly minority communities,
as defined by the Department.

(5) The proportion of minorities, people with
disabilities, and women that make up the staff of the
Medicaid managed care health plan.
(6) Recommendations for increasing expenditures with
minority-owned and women-owned businesses.
(7) A list of the types of services to which the
Medicaid managed care health plan is contemplating adding
new vendors.
(8) The certifications the Medicaid managed care
health plan accepts for minority-owned and women-owned
businesses.
(9) The point of contact for potential vendors seeking
to do business with the Medicaid managed care health plan.
The Department shall publish the reports on its website
and shall maintain each report on its website for 5 years. In
May of 2020 and every May thereafter, the Department shall
hold 2 annual public workshops, one in Chicago and one in
Springfield. The workshops shall include each Medicaid managed
care health plan and shall be open to vendor communities to
discuss the submitted plans and to seek to connect vendors
with the Medicaid managed care health plans.
(Source: P.A. 101-209, eff. 8-5-19; revised 10-22-19.)
(305 ILCS 5/5-30.14)
Sec. 5-30.14 5-30.11. Medicaid managed care organizations;
preferred drug lists.

(a) No later than January 1, 2020, the Illinois Department
shall develop a standardized format for all Medicaid managed
care organization preferred drug lists in collaboration with
Medicaid managed care organizations and other stakeholders,
including, but not limited to, organizations that serve
individuals impacted by HIV/AIDS or epilepsy, and
community-based organizations, providers, and entities with
expertise in drug formulary development.
(b) Following development of the standardized Preferred
Drug List format, the Illinois Department shall allow Medicaid
managed care organizations 6 months from the date of
completion to comply with the new Preferred Drug List format.
Each Medicaid managed care organization must post its
preferred drug list on its website without restricting access
and must update the preferred drug list posted on its website.
Medicaid managed care organizations shall publish updates to
their preferred drug lists no less than 30 days prior to the
date upon which any update or change takes effect, including,
but not limited to, any and all changes to requirements for
prior approval requirements, step therapy, or other
utilization controls.
(c)(1) No later than January 1, 2020, the Illinois
Department shall establish and maintain the Illinois Drug and
Therapeutics Advisory Board. The Board shall have the
authority and responsibility to provide recommendations to the
Illinois Department regarding which drug products to list on

the Illinois Department's preferred drug list. The Illinois
Department shall provide administrative support to the Board
and the Board shall:
(A) convene and meet no less than once per calendar
quarter;
(B) provide regular opportunities for public comment;
and
(C) comply with the provisions of the Open Meetings
Act.
All correspondence related to the Board, including
correspondence to and from Board members, shall be subject to
the Freedom of Information Act.
(2) The Board shall consist of the following voting
members, all of whom shall be appointed by the Governor and
shall serve terms of 3 years without compensation:
(A) one pharmacist licensed to practice pharmacy in
Illinois who is recommended by a statewide organization
representing pharmacists;
(B) 4 physicians, recommended by a statewide
organization representing physicians, who are licensed to
practice medicine in all its branches in Illinois, have
knowledge of and adhere to best practice standards, and
have experience treating Illinois Medicaid beneficiaries;
(C) at least one clinician who specializes in the
prevention and treatment of HIV, recommended by an HIV
healthcare advocacy organization;

(D) at least one clinician recommended by a healthcare
advocacy organization that serves individuals who are
affected by chronic diseases that require significant
pharmaceutical treatments;
(E) one clinician representing the Illinois
Department; and
(F) one licensed psychiatrist, recommended by a
statewide organization representing psychiatrists, who has
experience treating Illinois Medicaid beneficiaries.
One non-voting clinician recommended by an association of
Medicaid managed care health plans shall serve a term of 3
years on the Board without compensation.
Organizations interested in nominating non-voting
clinicians to advise the Board may submit requests to
participate to the Illinois Department.
A licensed physician recommended by the Rare Disease
Commission who is a rare disease specialist and possesses
scientific knowledge and medical training with respect to rare
diseases and is familiar with drug and biological products and
treatment shall be notified in advance to attend an Illinois
Drug and Therapeutics Advisory Board meeting when a drug or
biological product is scheduled to be reviewed in order to
advise and make recommendations on drugs or biological
products.
(d) The Illinois Department shall adopt rules, to be in
place no later than January 1, 2020, for the purpose of

establishing and maintaining the Board.
(Source: P.A. 101-62, eff. 7-12-19; revised 10-22-19.)
(305 ILCS 5/5-36)
Sec. 5-36. Pharmacy benefits.
(a)(1) The Department may enter into a contract with a
third party on a fee-for-service reimbursement model for the
purpose of administering pharmacy benefits as provided in this
Section for members not enrolled in a Medicaid managed care
organization; however, these services shall be approved by the
Department. The Department shall ensure coordination of care
between the third-party administrator and managed care
organizations as a consideration in any contracts established
in accordance with this Section. Any managed care techniques,
principles, or administration of benefits utilized in
accordance with this subsection shall comply with State law.
(2) The following shall apply to contracts between
entities contracting relating to the Department's third-party
administrators and pharmacies:
(A) the Department shall approve any contract between
a third-party administrator and a pharmacy;
(B) the Department's third-party administrator shall
not change the terms of a contract between a third-party
administrator and a pharmacy without written approval by
the Department; and
(C) the Department's third-party administrator shall

not create, modify, implement, or indirectly establish any
fee on a pharmacy, pharmacist, or a recipient of medical
assistance without written approval by the Department.
(b) The provisions of this Section shall not apply to
outpatient pharmacy services provided by a health care
facility registered as a covered entity pursuant to 42 U.S.C.
256b or any pharmacy owned by or contracted with the covered
entity. A Medicaid managed care organization shall, either
directly or through a pharmacy benefit manager, administer and
reimburse outpatient pharmacy claims submitted by a health
care facility registered as a covered entity pursuant to 42
U.S.C. 256b, its owned pharmacies, and contracted pharmacies
in accordance with the contractual agreements the Medicaid
managed care organization or its pharmacy benefit manager has
with such facilities and pharmacies. Any pharmacy benefit
manager that contracts with a Medicaid managed care
organization to administer and reimburse pharmacy claims as
provided in this Section must be registered with the Director
of Insurance in accordance with Section 513b2 of the Illinois
Insurance Code.
(c) On at least an annual basis, the Director of the
Department of Healthcare and Family Services shall submit a
report beginning no later than one year after January 1, 2020
(the effective date of Public Act 101-452) this amendatory Act
of the 101st General Assembly that provides an update on any
contract, contract issues, formulary, dispensing fees, and

maximum allowable cost concerns regarding a third-party
administrator and managed care. The requirement for reporting
to the General Assembly shall be satisfied by filing copies of
the report with the Speaker, the Minority Leader, and the
Clerk of the House of Representatives and with the President,
the Minority Leader, and the Secretary of the Senate. The
Department shall take care that no proprietary information is
included in the report required under this Section.
(d) A pharmacy benefit manager shall notify the Department
in writing of any activity, policy, or practice of the
pharmacy benefit manager that directly or indirectly presents
a conflict of interest that interferes with the discharge of
the pharmacy benefit manager's duty to a managed care
organization to exercise its contractual duties. "Conflict of
interest" shall be defined by rule by the Department.
(e) A pharmacy benefit manager shall, upon request,
disclose to the Department the following information:
(1) whether the pharmacy benefit manager has a
contract, agreement, or other arrangement with a
pharmaceutical manufacturer to exclusively dispense or
provide a drug to a managed care organization's enrollees,
and the aggregate amounts of consideration of economic
benefits collected or received pursuant to that
arrangement;
(2) the percentage of claims payments made by the
pharmacy benefit manager to pharmacies owned, managed, or

controlled by the pharmacy benefit manager or any of the
pharmacy benefit manager's management companies, parent
companies, subsidiary companies, or jointly held
companies;
(3) the aggregate amount of the fees or assessments
imposed on, or collected from, pharmacy providers; and
(4) the average annualized percentage of revenue
collected by the pharmacy benefit manager as a result of
each contract it has executed with a managed care
organization contracted by the Department to provide
medical assistance benefits which is not paid by the
pharmacy benefit manager to pharmacy providers and
pharmaceutical manufacturers or labelers or in order to
perform administrative functions pursuant to its contracts
with managed care organizations.
(f) The information disclosed under subsection (e) shall
include all retail, mail order, specialty, and compounded
prescription products. All information made available to the
Department under subsection (e) is confidential and not
subject to disclosure under the Freedom of Information Act.
All information made available to the Department under
subsection (e) shall not be reported or distributed in any way
that compromises its competitive, proprietary, or financial
value. The information shall only be used by the Department to
assess the contract, agreement, or other arrangements made
between a pharmacy benefit manager and a pharmacy provider,

pharmaceutical manufacturer or labeler, managed care
organization, or other entity, as applicable.
(g) A pharmacy benefit manager shall disclose directly in
writing to a pharmacy provider or pharmacy services
administrative organization contracting with the pharmacy
benefit manager of any material change to a contract provision
that affects the terms of the reimbursement, the process for
verifying benefits and eligibility, dispute resolution,
procedures for verifying drugs included on the formulary, and
contract termination at least 30 days prior to the date of the
change to the provision. The terms of this subsection shall be
deemed met if the pharmacy benefit manager posts the
information on a website, viewable by the public. A pharmacy
service administration organization shall notify all contract
pharmacies of any material change, as described in this
subsection, within 2 days of notification. As used in this
Section, "pharmacy services administrative organization" means
an entity operating within the State that contracts with
independent pharmacies to conduct business on their behalf
with third-party payers. A pharmacy services administrative
organization may provide administrative services to pharmacies
and negotiate and enter into contracts with third-party payers
or pharmacy benefit managers on behalf of pharmacies.
(h) A pharmacy benefit manager shall not include the
following in a contract with a pharmacy provider:
(1) a provision prohibiting the provider from

informing a patient of a less costly alternative to a
prescribed medication; or
(2) a provision that prohibits the provider from
dispensing a particular amount of a prescribed medication,
if the pharmacy benefit manager allows that amount to be
dispensed through a pharmacy owned or controlled by the
pharmacy benefit manager, unless the prescription drug is
subject to restricted distribution by the United States
Food and Drug Administration or requires special handling,
provider coordination, or patient education that cannot be
provided by a retail pharmacy.
(i) Nothing in this Section shall be construed to prohibit
a pharmacy benefit manager from requiring the same
reimbursement and terms and conditions for a pharmacy provider
as for a pharmacy owned, controlled, or otherwise associated
with the pharmacy benefit manager.
(j) A pharmacy benefit manager shall establish and
implement a process for the resolution of disputes arising out
of this Section, which shall be approved by the Department.
(k) The Department shall adopt rules establishing
reasonable dispensing fees for fee-for-service payments in
accordance with guidance or guidelines from the federal
Centers for Medicare and Medicaid Services.
(Source: P.A. 101-452, eff. 1-1-20; revised 10-22-19.)
(305 ILCS 5/5-36.5)

Sec. 5-36.5 5-36. Education on mental health and substance
use treatment services for children and young adults. The
Department of Healthcare and Family Services shall develop a
layman's guide to the mental health and substance use
treatment services available in Illinois through the Medical
Assistance Program and through the Family Support Program, or
other publicly funded programs, similar to what Massachusetts
developed, to help families understand what services are
available to them when they have a child in need of treatment
or support. The guide shall be in easy-to-understand language,
be prominently available on the Department of Healthcare and
Family Services' website, and be part of a statewide
communications campaign to ensure families are aware of Family
Support Program services. It shall briefly explain the service
and whether it is covered by the Medical Assistance Program,
the Family Support Program, or any other public funding
source. Within one year after January 1, 2020 (the effective
date of Public Act 101-461) this amendatory Act of the 101st
General Assembly, the Department of Healthcare and Family
Services shall complete this guide, have it available on its
website, and launch the communications campaign.
(Source: P.A. 101-461, eff. 1-1-20; revised 10-22-19.)
(305 ILCS 5/5H-1)
Sec. 5H-1. Definitions. As used in this Article:
"Base year" means the 12-month period from January 1, 2018

to December 31, 2018.
"Department" means the Department of Healthcare and Family
Services.
"Federal employee health benefit" means the program of
health benefits plans, as defined in 5 U.S.C. 8901, available
to federal employees under 5 U.S.C. 8901 to 8914.
"Fund" means the Healthcare Provider Relief Fund.
"Managed care organization" means an entity operating
under a certificate of authority issued pursuant to the Health
Maintenance Organization Act or as a Managed Care Community
Network pursuant to Section 5-11 of this the Public Aid Code.
"Medicaid managed care organization" means a managed care
organization under contract with the Department to provide
services to recipients of benefits in the medical assistance
program pursuant to Article V of this the Public Aid Code, the
Children's Health Insurance Program Act, or the Covering ALL
KIDS Health Insurance Act. It does not include contracts the
same entity or an affiliated entity has for other business.
"Medicare" means the federal Medicare program established
under Title XVIII of the federal Social Security Act.
"Member months" means the aggregate total number of months
all individuals are enrolled for coverage in a Managed Care
Organization during the base year. Member months are
determined by the Department for Medicaid Managed Care
Organizations based on enrollment data in its Medicaid
Management Information System and by the Department of

Insurance for other Managed Care Organizations based on
required filings with the Department of Insurance. Member
months do not include months individuals are enrolled in a
Limited Health Services Organization, including stand-alone
dental or vision plans, a Medicare Advantage Plan, a Medicare
Supplement Plan, a Medicaid Medicare Alignment Initiate Plan
pursuant to a Memorandum of Understanding between the
Department and the Federal Centers for Medicare and Medicaid
Services or a Federal Employee Health Benefits Plan.
(Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
(305 ILCS 5/5H-5)
Sec. 5H-5. Liability or resultant entities. In the event
of a merger, acquisition, or any similar transaction involving
entities subject to the assessment under this Article, the
resultant entity shall be responsible for the full amount of
the assessment for all entities involved in the transaction
with the member months allotted to tiers as they were prior to
the transaction and no member months shall change tiers as a
result of any transaction. A managed care organization that
ceases doing business in the State during any fiscal year
shall be liable only for the monthly installments due in
months that it they operated in the State. The Department
shall by rule establish a methodology to set the assessment
base member months for a managed care organization that begins
operating in the State at any time after 2018. Nothing in this

Section shall be construed to limit authority granted in
subsection (c) of Section 5H-3.
(Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
(305 ILCS 5/5H-6)
Sec. 5H-6. Recordkeeping; penalties.
(a) A managed care organization that is liable for the
assessment under this Article shall keep accurate and complete
records and pertinent documents as may be required by the
Department. Records required by the Department shall be
retained for a period of 4 years after the assessment imposed
under this Act to which the records apply is due or as
otherwise provided by law. The Department or the Department of
Insurance may audit all records necessary to ensure compliance
with this Article and make adjustments to assessment amounts
previously calculated based on the results of any such audit.
(b) If a managed care organization fails to make a payment
due under this Article in a timely fashion, it they shall pay
an additional penalty of 5% of the amount of the installment
not paid on or before the due date, or any grace period
granted, plus 5% of the portion thereof remaining unpaid on
the last day of each 30-day period thereafter. The Department
is authorized to grant grace periods of up to 30 days upon
request of a managed care organization for good cause due to
financial or other difficulties, as determined by the
Department. If a managed care organization fails to make a

payment within 60 days after the due date the Department shall
additionally impose a contractual sanction allowed against a
Medicaid managed care organization and may terminate any such
contract. The Department of Insurance shall take action
against the certificate of authority of a non-Medicaid managed
care organization that fails to pay an installment within 60
days after the due date.
(Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
(305 ILCS 5/11-5.4)
Sec. 11-5.4. Expedited long-term care eligibility
determination and enrollment.
(a) Establishment of the expedited long-term care
eligibility determination and enrollment system shall be a
joint venture of the Departments of Human Services and
Healthcare and Family Services and the Department on Aging.
(b) Streamlined application enrollment process; expedited
eligibility process. The streamlined application and
enrollment process must include, but need not be limited to,
the following:
(1) On or before July 1, 2019, a streamlined
application and enrollment process shall be put in place
which must include, but need not be limited to, the
following:
(A) Minimize the burden on applicants by
collecting only the data necessary to determine

eligibility for medical services, long-term care
services, and spousal impoverishment offset.
(B) Integrate online data sources to simplify the
application process by reducing the amount of
information needed to be entered and to expedite
eligibility verification.
(C) Provide online prompts to alert the applicant
that information is missing or not complete.
(D) Provide training and step-by-step written
instructions for caseworkers, applicants, and
providers.
(2) The State must expedite the eligibility process
for applicants meeting specified guidelines, regardless of
the age of the application. The guidelines, subject to
federal approval, must include, but need not be limited
to, the following individually or collectively:
(A) Full Medicaid benefits in the community for a
specified period of time.
(B) No transfer of assets or resources during the
federally prescribed look-back period, as specified in
federal law.
(C) Receives Supplemental Security Income payments
or was receiving such payments at the time of
admission to a nursing facility.
(D) For applicants or recipients with verified
income at or below 100% of the federal poverty level

when the declared value of their countable resources
is no greater than the allowable amounts pursuant to
Section 5-2 of this Code for classes of eligible
persons for whom a resource limit applies. Such
simplified verification policies shall apply to
community cases as well as long-term care cases.
(3) Subject to federal approval, the Department of
Healthcare and Family Services must implement an ex parte
renewal process for Medicaid-eligible individuals residing
in long-term care facilities. "Renewal" has the same
meaning as "redetermination" in State policies,
administrative rule, and federal Medicaid law. The ex
parte renewal process must be fully operational on or
before January 1, 2019. If an individual has transferred
to another long-term care facility, any annual notice
concerning redetermination of eligibility must be sent to
the long-term care facility where the individual resides
as well as to the individual.
(4) The Department of Human Services must use the
standards and distribution requirements described in this
subsection and in Section 11-6 for notification of missing
supporting documents and information during all phases of
the application process: initial, renewal, and appeal.
(c) The Department of Human Services must adopt policies
and procedures to improve communication between long-term care
benefits central office personnel, applicants and their

representatives, and facilities in which the applicants
reside. Such policies and procedures must at a minimum permit
applicants and their representatives and the facility in which
the applicants reside to speak directly to an individual
trained to take telephone inquiries and provide appropriate
responses.
(d) Effective 30 days after the completion of 3 regionally
based trainings, nursing facilities shall submit all
applications for medical assistance online via the Application
for Benefits Eligibility (ABE) website. This requirement shall
extend to scanning and uploading with the online application
any required additional forms such as the Long Term Care
Facility Notification and the Additional Financial Information
for Long Term Care Applicants as well as scanned copies of any
supporting documentation. Long-term care facility admission
documents must be submitted as required in Section 5-5 of this
Code. No local Department of Human Services office shall
refuse to accept an electronically filed application. No
Department of Human Services office shall request submission
of any document in hard copy.
(e) Notwithstanding any other provision of this Code, the
Department of Human Services and the Department of Healthcare
and Family Services' Office of the Inspector General shall,
upon request, allow an applicant additional time to submit
information and documents needed as part of a review of
available resources or resources transferred during the

look-back period. The initial extension shall not exceed 30
days. A second extension of 30 days may be granted upon
request. Any request for information issued by the State to an
applicant shall include the following: an explanation of the
information required and the date by which the information
must be submitted; a statement that failure to respond in a
timely manner can result in denial of the application; a
statement that the applicant or the facility in the name of the
applicant may seek an extension; and the name and contact
information of a caseworker in case of questions. Any such
request for information shall also be sent to the facility. In
deciding whether to grant an extension, the Department of
Human Services or the Department of Healthcare and Family
Services' Office of the Inspector General shall take into
account what is in the best interest of the applicant. The time
limits for processing an application shall be tolled during
the period of any extension granted under this subsection.
(f) The Department of Human Services and the Department of
Healthcare and Family Services must jointly compile data on
pending applications, denials, appeals, and redeterminations
into a monthly report, which shall be posted on each
Department's website for the purposes of monitoring long-term
care eligibility processing. The report must specify the
number of applications and redeterminations pending long-term
care eligibility determination and admission and the number of
appeals of denials in the following categories:

(A) Length of time applications, redeterminations, and
appeals are pending - 0 to 45 days, 46 days to 90 days, 91
days to 180 days, 181 days to 12 months, over 12 months to
18 months, over 18 months to 24 months, and over 24 months.
(B) Percentage of applications and redeterminations
pending in the Department of Human Services' Family
Community Resource Centers, in the Department of Human
Services' long-term care hubs, with the Department of
Healthcare and Family Services' Office of Inspector
General, and those applications which are being tolled due
to requests for extension of time for additional
information.
(C) Status of pending applications, denials, appeals,
and redeterminations.
(g) Beginning on July 1, 2017, the Auditor General shall
report every 3 years to the General Assembly on the
performance and compliance of the Department of Healthcare and
Family Services, the Department of Human Services, and the
Department on Aging in meeting the requirements of this
Section and the federal requirements concerning eligibility
determinations for Medicaid long-term care services and
supports, and shall report any issues or deficiencies and make
recommendations. The Auditor General shall, at a minimum,
review, consider, and evaluate the following:
(1) compliance with federal regulations on furnishing
services as related to Medicaid long-term care services

and supports as provided under 42 CFR 435.930;
(2) compliance with federal regulations on the timely
determination of eligibility as provided under 42 CFR
435.912;
(3) the accuracy and completeness of the report
required under paragraph (9) of subsection (e);
(4) the efficacy and efficiency of the task-based
process used for making eligibility determinations in the
centralized offices of the Department of Human Services
for long-term care services, including the role of the
State's integrated eligibility system, as opposed to the
traditional caseworker-specific process from which these
central offices have converted; and
(5) any issues affecting eligibility determinations
related to the Department of Human Services' staff
completing Medicaid eligibility determinations instead of
the designated single-state Medicaid agency in Illinois,
the Department of Healthcare and Family Services.
The Auditor General's report shall include any and all
other areas or issues which are identified through an annual
review. Paragraphs (1) through (5) of this subsection shall
not be construed to limit the scope of the annual review and
the Auditor General's authority to thoroughly and completely
evaluate any and all processes, policies, and procedures
concerning compliance with federal and State law requirements
on eligibility determinations for Medicaid long-term care

services and supports.
(h) The Department of Healthcare and Family Services shall
adopt any rules necessary to administer and enforce any
provision of this Section. Rulemaking shall not delay the full
implementation of this Section.
(i) Beginning on June 29, 2018, provisional eligibility
for medical assistance under Article V of this Code, in the
form of a recipient identification number and any other
necessary credentials to permit an applicant to receive
covered services under Article V, must be issued to any
applicant who has not received a determination on his or her
application for Medicaid and Medicaid long-term care services
filed simultaneously or, if already Medicaid enrolled,
application for Medicaid long-term care services under Article
V of this Code within the federally prescribed timeliness
requirements for determinations on such applications. The
Department of Healthcare and Family Services must maintain the
applicant's provisional eligibility status until a
determination is made on the individual's application for
long-term care services. The Department of Healthcare and
Family Services or the managed care organization, if
applicable, must reimburse providers for services rendered
during an applicant's provisional eligibility period.
(1) Claims for services rendered to an applicant with
provisional eligibility status must be submitted and
processed in the same manner as those submitted on behalf

of beneficiaries determined to qualify for benefits.
(2) An applicant with provisional eligibility status
must have his or her long-term care benefits paid for
under the State's fee-for-service system during the period
of provisional eligibility. If an individual otherwise
eligible for medical assistance under Article V of this
Code is enrolled with a managed care organization for
community benefits at the time the individual's
provisional eligibility for long-term care services is
issued, the managed care organization is only responsible
for paying benefits covered under the capitation payment
received by the managed care organization for the
individual.
(3) The Department of Healthcare and Family Services,
within 10 business days of issuing provisional eligibility
to an applicant, must submit to the Office of the
Comptroller for payment a voucher for all retroactive
reimbursement due. The Department of Healthcare and Family
Services must clearly identify such vouchers as
provisional eligibility vouchers.
(Source: P.A. 100-380, eff. 8-25-17; 100-665, eff. 8-2-18;
100-1141, eff. 11-28-18; 101-101, eff. 1-1-20; 101-209, eff.
8-5-19; 101-265, eff. 8-9-19; 101-559, eff. 8-23-19; revised
9-19-19.)
(305 ILCS 5/12-4.13c)

Sec. 12-4.13c. SNAP Restaurant Meals Program.
(a) Subject to federal approval of the plan for operating
the Program, the Department of Human Services shall establish
a Restaurant Meals Program as part of the federal Supplemental
Nutrition Assistance Program (SNAP). Under the Restaurant
Meals Program, households containing elderly or disabled
members, and their spouses, as defined in 7 U.S.C. 2012(j), or
homeless individuals, as defined in 7 U.S.C. 2012(l), shall
have the option in accordance with 7 U.S.C. 2012(k) to redeem
their SNAP benefits at private establishments that contract
with the Department to offer meals for eligible individuals at
concessional prices subject to 7 U.S.C. 2018(h). The
Restaurant Meals Program shall be operational no later than
July 1, 2021.
(b) The Department of Human Services shall adopt any rules
necessary to implement the provisions of this Section.
(Source: P.A. 101-10, eff. 6-5-19; 101-110, eff. 7-19-19.)
(305 ILCS 5/12-4.13d)
Sec. 12-4.13d 12-4.13c. SNAP eligibility notification;
college students.
(a) To complement student financial assistance programs
and to enhance their effectiveness for students with financial
need, the Illinois Student Assistance Commission (ISAC) shall
annually include information about the Supplemental Nutrition
Assistance Program (SNAP) in the language that schools are

required to provide to students eligible for the Monetary
Award Program grant. The language shall, at a minimum, direct
students to information about college student eligibility
criteria for SNAP, and it shall direct students to the
Department of Human Services and to the Illinois Hunger
Coalition's Hunger Hotline for additional information.
(b) Illinois institutions of higher education that
participate in the Monetary Award Program (MAP) shall provide
the notice described in subsection (a) to all students who are
enrolled, or who are accepted for enrollment and intending to
enroll, and who have been identified by ISAC as MAP-eligible
at the institution. If possible, the institution may designate
a public benefits liaison or single point person to assist
students in taking the necessary steps to obtain public
benefits if eligible.
(c) ISAC shall adopt any rules necessary to implement the
provisions of this Section on or before October 1, 2020.
(Source: P.A. 101-560, eff. 8-23-19; revised 10-22-19.)
Section 610. The Intergenerational Poverty Act is amended
by changing Sections 95-102, 95-301, 95-304, and 95-502 as
follows:
(305 ILCS 70/95-102)
Sec. 95-102. Definitions. As used in this Act:
"Antipoverty program" means a program with the primary

goal of lifting individuals out of poverty and improving
economic opportunities for individuals that operates, in whole
or in part, utilizing federal or State money.
"Asset poverty" means the inability of an individual to
access wealth resources sufficient to provide for basic needs
for a period of 3 months.
"Child" means an individual who is under 18 years of age.
"Commission" means the Commission on Poverty Elimination
and Economic Security established under subsection (a) of
Section 95-501 501.
"State poverty measure" means a uniform method for
measuring poverty in this State that considers indicators and
measures, other than traditional income-based measures of
poverty, that provide a detailed picture of low-income and
poverty populations and meaningfully account for other factors
contributing to poverty and may include:
(1) access to health care, housing, proper nutrition,
and quality education;
(2) the number of individuals kept out of poverty by
government supports;
(3) the number of individuals who are impoverished due
to medical expenses, child care child-care expenses, or
work expenses;
(4) the rates of food insecurity;
(5) the number of individuals in asset poverty;
(6) the number of disconnected youth;

(7) the teen birth rate;
(8) the participation rate in federal and State
antipoverty programs for all eligible populations;
(9) the number of individuals who do not use a bank or
similar financial institution;
(10) regional differences in costs of living;
(11) income necessary to achieve economic security and
a livable standard of living in different regions of this
State;
(12) the impact of rising income inequality;
(13) the impact of the digital divide; and
(14) the impact of trauma on intergenerational
poverty.
"Cycle of poverty" means the set of factors or events by
which the long-term poverty of an individual is likely to
continue and be experienced by each child of the individual
when the child becomes an adult unless there is outside
intervention.
"Deep poverty" means an economic condition where an
individual or family has a total annual income that is less
than 50% of the federal poverty level for the individual or
family as provided in the annual report of the United States
Census Bureau on Income, Poverty and Health Insurance Coverage
in the United States.
"Department" means the Department of Human Services.
"Deprivation" means a lack of adequate nutrition, health

care, housing, or other resources to provide for basic needs.
"Digital divide" means the gap between individuals,
households, businesses, and geographic areas at different
socioeconomic levels related to access to information and
communication technologies, including the imbalance in
physical access to technology and the resources, education,
and skills needed to effectively use computer technology and
the Internet for a wide variety of activities.
"Disconnected youth" means individuals who are 16 years of
age to 25 years of age who are unemployed and not enrolled in
school.
"Disparate impact" means the historic and ongoing impacts
of the pattern and practice of discrimination in employment,
education, housing, banking, and other aspects of life in the
economy, society, or culture that have an adverse impact on
minorities, women, or other protected groups, regardless of
whether those practices are motivated by discriminatory
intent.
"Economic insecurity" means the inability to cope with
routine adverse or costly life events and recover from the
costly consequences of those events and the lack of economic
means to maintain an adequate standard of living.
"Economic security" means having access to the economic
means and support necessary to effectively cope with adverse
or costly life events and recover from the consequences of
such events while maintaining an adequate standard of living.

"Intergenerational poverty" means poverty in which 2 or
more successive generations of a family continue in the cycle
of poverty and government dependence. The term does not
include situational poverty.
"Outcome" means a change in the economic status, economic
instability, or economic security of an individual, household,
or other population that is attributable to a planned
intervention, benefit, service, or series of interventions,
benefits, and services, regardless of whether the
intervention, benefit, or service was intended to change the
economic status, economic stability, or economic security.
"Poverty" means an economic condition in which an
individual or family has a total annual income that is less
than the federal poverty level for the individual or family,
as provided in the report of the United States Census Bureau on
Income, Poverty and Health Insurance Coverage in the United
States.
"Regional cost of living" means a measure of the costs of
maintaining an adequate standard of living in differing
regional, geographic, urban, or rural regions of this State.
"Situational poverty" means temporary poverty that meets
all of the following:
(1) Is generally traceable to a specific incident or
time period within the lifetime of an individual.
(2) Is not continued to the next generation.
"Strategic plan" means the plan provided for under Section

95-502 502.
"System" means the Intergenerational Poverty Tracking
System established under subsection (a) of Section 95-301 301.
"Two-generation approach" means an approach to breaking
the cycle of intergenerational poverty by improving family
economic security through programs that create opportunities
for and address the needs of parents and children together.
"Workgroup" means the Interagency Workgroup on Poverty and
Economic Insecurity established under Section 95-302 302.
(Source: P.A. 101-636, eff. 6-10-20; revised 8-26-20.)
(305 ILCS 70/95-301)
Sec. 95-301. Intergenerational poverty tracking system.
(a) Establishment. Subject to appropriations, the
Department shall establish and maintain a data system to track
intergenerational poverty.
(b) System requirements. The system shall have the ability
to do all of the following:
(1) Identify groups that have a high risk of
experiencing intergenerational poverty.
(2) Identify incidents, patterns, and trends that
explain or contribute to intergenerational poverty.
(3) Gather and track available local, State, and
national data on all of the following:
(i) Official poverty rates.
(ii) Child poverty rates.

(iii) Years spent by an individual in childhood
poverty.
(iv) Years spent by an individual in adult
poverty.
(v) Related poverty information.
(c) Duties of the Department. The Department shall do all
of the following:
(1) Use available data in the system, including public
assistance data, census data, and other data made
available to the Department, to track intergenerational
poverty.
(2) Develop and implement methods to integrate,
compare, analyze, and validate the data for the purposes
described under subsection (b).
(3) Protect the privacy of an individual living in
poverty by using and distributing data within the system
in compliance with federal and State laws.
(4) Include, in the report required under Section
95-304 304, a summary of the data, findings, and potential
additional uses of the system.
(Source: P.A. 101-636, eff. 6-10-20; revised 8-26-20.)
(305 ILCS 70/95-304)
Sec. 95-304. Report.
(a) Report. No later than September 1 of each year, the
workgroup shall issue a report that includes the following:

(1) A summary of actions taken and outcomes obtained
by the workgroup in fulfilling its duties under Section
95-303 303.
(2) Progress made on reducing poverty and economic
insecurity in this State, including policies or procedures
implemented to reduce or eliminate the cycle of poverty
and intergenerational poverty as a result of the data
collected by the workgroup.
(3) Relevant data assessing the scope and depth of
intergenerational poverty in this State.
(4) A 20-year history of poverty rates in this State
with focus on any reduction or increase in the rates
during the previous 10 years and since the inception of
the workgroup.
(5) Any recommendations for legislative or regulatory
action to adopt or repeal laws, policies, or procedures to
further the goal of eliminating poverty and economic
insecurity in this State.
(b) Distribution. The workgroup shall distribute the
report created under subsection (a) as follows:
(1) To the Governor.
(2) To each member of the General Assembly.
(3) By prominently posting the report on each State
Department's and agency's publicly accessible Internet
website.
(Source: P.A. 101-636, eff. 6-10-20; revised 8-26-20.)

(305 ILCS 70/95-502)
Sec. 95-502. Strategic plan to address poverty and
economic insecurity.
(a) Plan required. No later than November 30, 2021, the
Commission shall develop and adopt a strategic plan to address
poverty and economic insecurity in this State.
(b) Goals. The goals of the strategic plan shall be to:
(1) Ensure that State programs and services targeting
poverty and economic insecurity reflect the goal of
helping individuals and families rise above poverty and
achieve long-term economic stability rather than simply
providing relief from deprivation.
(2) Eliminate disparate rates of poverty, deep
poverty, child poverty, and intergenerational poverty
based on race, ethnicity, gender, age, sexual orientation
or identity, English language proficiency, ability, and
geographic location in a rural, urban, or suburban area.
(3) Reduce deep poverty in this State by 50% by 2026.
(4) Eliminate child poverty in this State by 2031.
(5) Eliminate all poverty in this State by 2036.
(c) Plan development. In developing the strategic plan,
the Commission shall:
(1) Collaborate with the workgroup, including sharing
data and information identified under paragraphs (1) and
(3) of subsection (a) of Section 95-303 303 and analyses

of that data and information.
(2) Review each program and service provided by the
State that targets poverty and economic insecurity for
purposes of:
(i) determining which programs and services are
the most effective and of the highest importance in
reducing poverty and economic insecurity in this
State; and
(ii) providing an analysis of unmet needs, if any,
among individuals, children, and families in deep
poverty and intergenerational poverty for each program
and service identified under subparagraph (i).
(3) Study the feasibility of using public or private
partnerships and social impact bonds, to improve
innovation and cost-effectiveness in the development of
programs and delivery of services that advance the goals
of the strategic plan.
(4) Hold at least 6 public hearings in different
geographic regions of this State, including areas that
have disparate rates of poverty and that have historically
experienced economic insecurity, to collect information,
take testimony, and solicit input and feedback from
interested parties, including members of the public who
have personal experiences with State programs and services
targeting economic insecurity, poverty, deep poverty,
child poverty, and intergenerational poverty and make the

information publicly available.
(5) To request and receive from a State agency or
local governmental agency information relating to poverty
in this State, including all of the following:
(i) Reports.
(ii) Audits.
(iii) Data.
(iv) Projections.
(v) Statistics.
(d) Subject areas. The strategic plan shall address all of
the following:
(1) Access to safe and affordable housing.
(2) Access to adequate food and nutrition.
(3) Access to affordable and quality health care.
(4) Equal access to quality education and training.
(5) Equal access to affordable, quality post-secondary
education options.
(6) Dependable and affordable transportation.
(7) Access to quality and affordable child care.
(8) Opportunities to engage in meaningful and
sustainable work that pays a living wage and barriers to
those opportunities experienced by low-income individuals
in poverty.
(9) Equal access to justice through a fair system of
criminal justice that does not, in effect, criminalize
poverty.

(10) The availability of adequate income supports.
(11) Retirement security.
(e) Plan content. The strategic plan shall, at a minimum,
contain policy and fiscal recommendations relating to all of
the following:
(1) Developing fact-based measures to evaluate the
long-term effectiveness of existing and proposed programs
and services targeting poverty and economic insecurity.
(2) Increasing enrollment in programs and services
targeting poverty and economic insecurity by reducing the
complexity and difficulty of enrollment in order to
maximize program effectiveness and increase positive
outcomes.
(3) Increasing the reach of programs and services
targeting poverty and economic insecurity by ensuring that
State agencies have adequate resources to maximize the
public awareness of the programs and services, especially
in historically disenfranchised communities.
(4) Reducing the negative impacts of asset limits for
eligibility on the effectiveness of State programs
targeting poverty and economic insecurity by ensuring that
eligibility limits do not:
(i) create gaps in necessary service and benefit
delivery or restrict access to benefits as individuals
and families attempt to transition off assistance
programs; or

(ii) prevent beneficiaries from improving
long-term outcomes and achieving long-term economic
independence from the program.
(5) Improving the ability of community-based
organizations to participate in the development and
implementation of State programs designed to address
economic insecurity and poverty.
(6) Improving the ability of individuals living in
poverty, low-income individuals, and unemployed
individuals to access critical job training and skills
upgrade programs and find quality jobs that help children
and families become economically secure and rise above
poverty.
(7) Improving communication and collaboration between
State agencies and local governments on programs targeting
poverty and economic insecurity.
(8) Creating efficiencies in the administration and
coordination of programs and services targeting poverty
and economic insecurity.
(9) Connecting low-income children, disconnected
youth, and families of those children and youth to
education, job training, and jobs in the communities in
which those children and youth live.
(10) Ensuring that the State's services and benefits
programs, emergency programs, discretionary economic
programs, and other policies are sufficiently funded to

enable the State to mount effective responses to economic
downturns and increases in economic insecurity and poverty
rates.
(11) Creating one or more State poverty measures.
(12) Developing and implementing programs and policies
that use the two-generation approach.
(13) Using public or private partnerships and social
impact bonds to improve innovation and cost-effectiveness
in the development of programs and delivery of services
that advance the goals of the strategic plan.
(14) Identifying best practices for collecting data
relevant to all of the following:
(i) Reducing economic insecurity and poverty.
(ii) Reducing the racial, ethnic, age, gender,
sexual orientation, and sexual identity-based
disparities in the rates of economic insecurity and
poverty.
(iii) Adequately measuring the effectiveness,
efficiency, and impact of programs on the outcomes for
individuals, families, and communities who receive
benefits and services.
(iv) Streamlining enrollment and eligibility for
programs.
(v) Improving long-term outcomes for individuals
who are enrolled in service and benefit programs.
(vi) Reducing reliance on public programs.

(vii) Improving connections to work.
(viii) Improving economic security.
(ix) Improving retirement security.
(x) Improving the State's understanding of the
impact of extreme weather and natural disasters on
economically vulnerable communities and improving
those communities' resilience to and recovery from
extreme weather and natural disasters.
(xi) Improving access to living-wage employment.
(xii) Improving access to employment-based
benefits.
(f) Other information. In addition to the plan content
required under subsection (e), the strategic plan shall
contain all of the following:
(1) A suggested timeline for the stages of
implementation of the recommendations in the plan.
(2) Short-term, intermediate-term, and long-term
benchmarks to measure the State's progress toward meeting
the goals of the strategic plan.
(3) A summary of the review and analysis conducted by
the Commission under paragraph (1) of subsection (c).
(g) Impact of recommendations. For each recommendation in
the plan, the Commission shall identify in measurable terms
the actual or potential impact the recommendation will have on
poverty and economic insecurity in this State.
(Source: P.A. 101-636, eff. 6-10-20; revised 9-2-20.)

Section 615. The Abused and Neglected Child Reporting Act
is amended by changing Section 7 as follows:
(325 ILCS 5/7) (from Ch. 23, par. 2057)
Sec. 7. Time and manner of making reports. All reports of
suspected child abuse or neglect made under this Act shall be
made immediately by telephone to the central register
established under Section 7.7 on the single, State-wide,
toll-free telephone number established in Section 7.6, or in
person or by telephone through the nearest Department office.
The Department shall, in cooperation with school officials,
distribute appropriate materials in school buildings listing
the toll-free telephone number established in Section 7.6,
including methods of making a report under this Act. The
Department may, in cooperation with appropriate members of the
clergy, distribute appropriate materials in churches,
synagogues, temples, mosques, or other religious buildings
listing the toll-free telephone number established in Section
7.6, including methods of making a report under this Act.
Wherever the Statewide number is posted, there shall also
be posted the following notice:
"Any person who knowingly transmits a false report to the
Department commits the offense of disorderly conduct under
subsection (a)(7) of Section 26-1 of the Criminal Code of
2012. A violation of this subsection is a Class 4 felony."

The report required by this Act shall include, if known,
the name and address of the child and his parents or other
persons having his custody; the child's age; the nature of the
child's condition, including any evidence of previous injuries
or disabilities; and any other information that the person
filing the report believes might be helpful in establishing
the cause of such abuse or neglect and the identity of the
person believed to have caused such abuse or neglect. Reports
made to the central register through the State-wide, toll-free
telephone number shall be immediately transmitted by the
Department to the appropriate Child Protective Service Unit.
All such reports alleging the death of a child, serious injury
to a child, including, but not limited to, brain damage, skull
fractures, subdural hematomas, and internal injuries, torture
of a child, malnutrition of a child, and sexual abuse to a
child, including, but not limited to, sexual intercourse,
sexual exploitation, sexual molestation, and sexually
transmitted disease in a child age 12 and under, shall also be
immediately transmitted by the Department to the appropriate
local law enforcement agency. The Department shall within 24
hours orally notify local law enforcement personnel and the
office of the State's Attorney of the involved county of the
receipt of any report alleging the death of a child, serious
injury to a child, including, but not limited to, brain
damage, skull fractures, subdural hematomas, and, internal
injuries, torture of a child, malnutrition of a child, and

sexual abuse to a child, including, but not limited to, sexual
intercourse, sexual exploitation, sexual molestation, and
sexually transmitted disease in a child age 12 twelve and
under. All oral reports made by the Department to local law
enforcement personnel and the office of the State's Attorney
of the involved county shall be confirmed in writing within 24
hours of the oral report. All reports by persons mandated to
report under this Act shall be confirmed in writing to the
appropriate Child Protective Service Unit, which may be on
forms supplied by the Department, within 48 hours of any
initial report.
Any report received by the Department alleging the abuse
or neglect of a child by a person who is not the child's
parent, a member of the child's immediate family, a person
responsible for the child's welfare, an individual residing in
the same home as the child, or a paramour of the child's parent
shall immediately be referred to the appropriate local law
enforcement agency for consideration of criminal investigation
or other action.
Written confirmation reports from persons not required to
report by this Act may be made to the appropriate Child
Protective Service Unit. Written reports from persons required
by this Act to report shall be admissible in evidence in any
judicial proceeding or administrative hearing relating to
child abuse or neglect. Reports involving known or suspected
child abuse or neglect in public or private residential

agencies or institutions shall be made and received in the
same manner as all other reports made under this Act.
For purposes of this Section, "child" includes an adult
resident as defined in this Act.
(Source: P.A. 101-583, eff. 1-1-20; revised 11-21-19.)
Section 620. The Mental Health and Developmental
Disabilities Code is amended by changing Sections 2-110.1 and
2-110.5 and by renumbering Section 3-5A-105 as follows:
(405 ILCS 5/2-110.1)
Sec. 2-110.1. Reports.
(a) A mental hospital or facility at which
electroconvulsive electro-convulsive therapy is administered
shall submit to the Department quarterly reports relating to
the administration of the therapy for the purposes of reducing
morbidity or mortality and improving patient care.
(b) A report shall state the following for each quarter:
(1) The number of persons who received the therapy,
including:
(A) the number of persons who gave informed
consent to the therapy;
(B) the number of persons confined as subject to
involuntary admission who gave informed consent to the
therapy;
(C) the number of persons who received the therapy

without informed consent pursuant to Section 2-107.1;
and
(D) the number of persons who received the therapy
on an emergency basis pursuant to subsection (d) of
Section 2-107.1.
(2) The age, sex, and race of the recipients of the
therapy.
(3) The source of the treatment payment.
(4) The average number of electroconvulsive
electro-convulsive treatments administered for each
complete series of treatments, but not including
maintenance treatments.
(5) The average number of maintenance
electroconvulsive electro-convulsive treatments
administered per month.
(6) Any significant adverse reactions to the treatment
as defined by rule.
(7) Autopsy findings if death followed within 14 days
after the date of the administration of the therapy.
(8) Any other information required by the Department
by rule.
(c) The Department shall prepare and publish an annual
written report summarizing the information received under this
Section. The report shall not contain any information that
identifies or tends to identify any facility, physician,
health care provider, or patient.

(Source: P.A. 90-538, eff. 12-1-97; revised 7-18-19.)
(405 ILCS 5/2-110.5)
Sec. 2-110.5. Electroconvulsive Electro-convulsive
therapy for minors. If a recipient is a minor, that
recipient's parent or guardian is authorized, only with the
approval of the court under the procedures set out in Section
2-107.1, to provide consent for participation of the minor in
electroconvulsive electro-convulsive therapy if the parent or
guardian deems it to be in the best interest of the minor. In
addition to the requirements in Section 2-107.1, prior to the
court entering an order approving treatment by
electroconvulsive electro-convulsive therapy, 2 licensed
psychiatrists, one of which may be the minor's treating
psychiatrist, who have examined the patient must concur in the
determination that the minor should participate in treatment
by electroconvulsive electro-convulsive therapy.
(Source: P.A. 91-74, eff. 7-9-99; revised 7-18-19.)
(405 ILCS 5/3-550)
Sec. 3-550 3-5A-105. Minors 12 years of age or older
request to receive counseling services or psychotherapy on an
outpatient basis.
(a) Any minor 12 years of age or older may request and
receive counseling services or psychotherapy on an outpatient
basis. The consent of the minor's parent, guardian, or person

in loco parentis shall not be necessary to authorize
outpatient counseling services or psychotherapy. However,
until the consent of the minor's parent, guardian, or person
in loco parentis has been obtained, outpatient counseling
services or psychotherapy provided to a minor under the age of
17 shall be initially limited to not more than 8 90-minute
sessions. The service provider shall consider the factors
contained in subsection (a-1) of this Section throughout the
therapeutic process to determine, through consultation with
the minor, whether attempting to obtain the consent of a
parent, guardian, or person in loco parentis would be
detrimental to the minor's well-being. No later than the
eighth session, the service provider shall determine and share
with the minor the service provider's decision as described
below:
(1) If the service provider finds that attempting to
obtain consent would not be detrimental to the minor's
well-being, the provider shall notify the minor that the
consent of a parent, guardian, or person in loco parentis
is required to continue counseling services or
psychotherapy.
(2) If the minor does not permit the service provider
to notify the parent, guardian, or person in loco parentis
for the purpose of consent after the eighth session the
service provider shall discontinue counseling services or
psychotherapy and shall not notify the parent, guardian,

or person in loco parentis about the counseling services
or psychotherapy.
(3) If the minor permits the service provider to
notify the parent, guardian, or person in loco parentis
for the purpose of consent, without discontinuing
counseling services or psychotherapy, the service provider
shall make reasonable attempts to obtain consent. The
service provider shall document each attempt to obtain
consent in the minor's clinical record. The service
provider may continue to provide counseling services or
psychotherapy without the consent of the minor's parent,
guardian, or person in loco parentis if:
(A) the service provider has made at least 2
unsuccessful attempts to contact the minor's parent,
guardian, or person in loco parentis to obtain
consent; and
(B) the service provider has obtained the minor's
written consent.
(4) If, after the eighth session, the service provider
of counseling services or psychotherapy determines that
obtaining consent would be detrimental to the minor's
well-being, the service provider shall consult with his or
her supervisor when possible to review and authorize the
determination under subsection (a) of this Section. The
service provider shall document the basis for the
determination in the minor's clinical record and may then

accept the minor's written consent to continue to provide
counseling services or psychotherapy without also
obtaining the consent of a parent, guardian, or person in
loco parentis.
(5) If the minor continues to receive counseling
services or psychotherapy without the consent of a parent,
guardian, or person in loco parentis beyond 8 sessions,
the service provider shall evaluate, in consultation with
his or her supervisor when possible, his or her
determination under this subsection (a), and review the
determination every 60 days until counseling services or
psychotherapy ends or the minor reaches age 17. If it is
determined appropriate to notify the parent, guardian, or
person in loco parentis and the minor consents, the
service provider shall proceed under paragraph (3) of
subsection (a) of this Section.
(6) When counseling services or psychotherapy are
related to allegations of neglect, sexual abuse, or mental
or physical abuse by the minor's parent, guardian, or
person in loco parentis, obtaining consent of that parent,
guardian, or person in loco parentis shall be presumed to
be detrimental to the minor's well-being.
(a-1) Each of the following factors must be present in
order for the service provider to find that obtaining the
consent of a parent, guardian, or person in loco parentis
would be detrimental to the minor's well-being:

(1) requiring the consent or notification of a parent,
guardian, or person in loco parentis would cause the minor
to reject the counseling services or psychotherapy;
(2) the failure to provide the counseling services or
psychotherapy would be detrimental to the minor's
well-being;
(3) the minor has knowingly and voluntarily sought the
counseling services or psychotherapy; and
(4) in the opinion of the service provider, the minor
is mature enough to participate in counseling services or
psychotherapy productively.
(a-2) The minor's parent, guardian, or person in loco
parentis shall not be informed of the counseling services or
psychotherapy without the written consent of the minor unless
the service provider believes the disclosure is necessary
under subsection (a) of this Section. If the facility director
or service provider intends to disclose the fact of counseling
services or psychotherapy, the minor shall be so informed and
if the minor chooses to discontinue counseling services or
psychotherapy after being informed of the decision of the
facility director or service provider to disclose the fact of
counseling services or psychotherapy to the parent, guardian,
or person in loco parentis, then the parent, guardian, or
person in loco parentis shall not be notified. Under the
Mental Health and Developmental Disabilities Confidentiality
Act, the facility director, his or her designee, or the

service provider shall not allow the minor's parent, guardian,
or person in loco parentis, upon request, to inspect or copy
the minor's record or any part of the record if the service
provider finds that there are compelling reasons for denying
the access. Nothing in this Section shall be interpreted to
limit a minor's privacy and confidentiality protections under
State law.
(b) The minor's parent, guardian, or person in loco
parentis shall not be liable for the costs of outpatient
counseling services or psychotherapy which is received by the
minor without the consent of the minor's parent, guardian, or
person in loco parentis.
(c) Counseling services or psychotherapy provided under
this Section shall be provided in compliance with the
Professional Counselor and Clinical Professional Counselor
Licensing and Practice Act, the Clinical Social Work and
Social Work Practice Act, or the Clinical Psychologist
Licensing Act.
(Source: P.A. 100-614, eff. 7-20-18; revised 7-11-19.)
Section 625. The Maternal Mental Health Conditions
Education, Early Diagnosis, and Treatment Act is amended by
changing Section 1 as follows:
(405 ILCS 120/1)
Sec. 1. Short title. This Act may be cited as the the

Maternal Mental Health Conditions Education, Early Diagnosis,
and Treatment Act.
(Source: P.A. 101-512, eff. 1-1-20; revised 12-21-20.)
Section 630. The Compassionate Use of Medical Cannabis
Program Act is amended by changing Sections 25, 35, 36, 75, and
160 as follows:
(410 ILCS 130/25)
Sec. 25. Immunities and presumptions related to the
medical use of cannabis.
(a) A registered qualifying patient is not subject to
arrest, prosecution, or denial of any right or privilege,
including, but not limited to, civil penalty or disciplinary
action by an occupational or professional licensing board, for
the medical use of cannabis in accordance with this Act, if the
registered qualifying patient possesses an amount of cannabis
that does not exceed an adequate supply as defined in
subsection (a) of Section 10 of this Act of usable cannabis
and, where the registered qualifying patient is a licensed
professional, the use of cannabis does not impair that
licensed professional when he or she is engaged in the
practice of the profession for which he or she is licensed.
(b) A registered designated caregiver is not subject to
arrest, prosecution, or denial of any right or privilege,
including, but not limited to, civil penalty or disciplinary

action by an occupational or professional licensing board, for
acting in accordance with this Act to assist a registered
qualifying patient to whom he or she is connected through the
Department's registration process with the medical use of
cannabis if the designated caregiver possesses an amount of
cannabis that does not exceed an adequate supply as defined in
subsection (a) of Section 10 of this Act of usable cannabis. A
school nurse or school administrator is not subject to arrest,
prosecution, or denial of any right or privilege, including,
but not limited to, a civil penalty, for acting in accordance
with Section 22-33 of the School Code relating to
administering or assisting a student in self-administering a
medical cannabis infused product. The total amount possessed
between the qualifying patient and caregiver shall not exceed
the patient's adequate supply as defined in subsection (a) of
Section 10 of this Act.
(c) A registered qualifying patient or registered
designated caregiver is not subject to arrest, prosecution, or
denial of any right or privilege, including, but not limited
to, civil penalty or disciplinary action by an occupational or
professional licensing board for possession of cannabis that
is incidental to medical use, but is not usable cannabis as
defined in this Act.
(d)(1) There is a rebuttable presumption that a registered
qualifying patient is engaged in, or a designated caregiver is
assisting with, the medical use of cannabis in accordance with

this Act if the qualifying patient or designated caregiver:
(A) is in possession of a valid registry
identification card; and
(B) is in possession of an amount of cannabis that
does not exceed the amount allowed under subsection (a) of
Section 10.
(2) The presumption may be rebutted by evidence that
conduct related to cannabis was not for the purpose of
treating or alleviating the qualifying patient's debilitating
medical condition or symptoms associated with the debilitating
medical condition in compliance with this Act.
(e) A certifying health care professional is not subject
to arrest, prosecution, or penalty in any manner, or denial of
denied any right or privilege, including, but not limited to,
civil penalty or disciplinary action by the Medical
Disciplinary Board or by any other occupational or
professional licensing board, solely for providing written
certifications or for otherwise stating that, in the
certifying health care professional's professional opinion, a
patient is likely to receive therapeutic or palliative benefit
from the medical use of cannabis to treat or alleviate the
patient's debilitating medical condition or symptoms
associated with the debilitating medical condition, provided
that nothing shall prevent a professional licensing or
disciplinary board from sanctioning a certifying health care
professional for: (1) issuing a written certification to a

patient who is not under the certifying health care
professional's care for a debilitating medical condition; or
(2) failing to properly evaluate a patient's medical condition
or otherwise violating the standard of care for evaluating
medical conditions.
(f) No person may be subject to arrest, prosecution, or
denial of any right or privilege, including, but not limited
to, civil penalty or disciplinary action by an occupational or
professional licensing board, solely for: (1) selling cannabis
paraphernalia to a cardholder upon presentation of an
unexpired registry identification card in the recipient's
name, if employed and registered as a dispensing agent by a
registered dispensing organization; (2) being in the presence
or vicinity of the medical use of cannabis as allowed under
this Act; or (3) assisting a registered qualifying patient
with the act of administering cannabis.
(g) A registered cultivation center is not subject to
prosecution; search or inspection, except by the Department of
Agriculture, Department of Public Health, or State or local
law enforcement under Section 130; seizure; or penalty in any
manner, or denial of be denied any right or privilege,
including, but not limited to, civil penalty or disciplinary
action by a business licensing board or entity, for acting
under this Act and Department of Agriculture rules to:
acquire, possess, cultivate, manufacture, deliver, transfer,
transport, supply, or sell cannabis to registered dispensing

organizations.
(h) A registered cultivation center agent is not subject
to prosecution, search, or penalty in any manner, or denial of
be denied any right or privilege, including, but not limited
to, civil penalty or disciplinary action by a business
licensing board or entity, for working or volunteering for a
registered cannabis cultivation center under this Act and
Department of Agriculture rules, including to perform the
actions listed under subsection (g).
(i) A registered dispensing organization is not subject to
prosecution; search or inspection, except by the Department of
Financial and Professional Regulation or State or local law
enforcement pursuant to Section 130; seizure; or penalty in
any manner, or denial of be denied any right or privilege,
including, but not limited to, civil penalty or disciplinary
action by a business licensing board or entity, for acting
under this Act and Department of Financial and Professional
Regulation rules to: acquire, possess, or dispense cannabis,
or related supplies, and educational materials to registered
qualifying patients or registered designated caregivers on
behalf of registered qualifying patients.
(j) A registered dispensing organization agent is not
subject to prosecution, search, or penalty in any manner, or
denial of be denied any right or privilege, including, but not
limited to, civil penalty or disciplinary action by a business
licensing board or entity, for working or volunteering for a

dispensing organization under this Act and Department of
Financial and Professional Regulation rules, including to
perform the actions listed under subsection (i).
(k) Any cannabis, cannabis paraphernalia, illegal
property, or interest in legal property that is possessed,
owned, or used in connection with the medical use of cannabis
as allowed under this Act, or acts incidental to that use, may
not be seized or forfeited. This Act does not prevent the
seizure or forfeiture of cannabis exceeding the amounts
allowed under this Act, nor shall it prevent seizure or
forfeiture if the basis for the action is unrelated to the
cannabis that is possessed, manufactured, transferred, or used
under this Act.
(l) Mere possession of, or application for, a registry
identification card or registration certificate does not
constitute probable cause or reasonable suspicion, nor shall
it be used as the sole basis to support the search of the
person, property, or home of the person possessing or applying
for the registry identification card. The possession of, or
application for, a registry identification card does not
preclude the existence of probable cause if probable cause
exists on other grounds.
(m) Nothing in this Act shall preclude local or State law
enforcement agencies from searching a registered cultivation
center where there is probable cause to believe that the
criminal laws of this State have been violated and the search

is conducted in conformity with the Illinois Constitution, the
Constitution of the United States, and all State statutes.
(n) Nothing in this Act shall preclude local or State
state law enforcement agencies from searching a registered
dispensing organization where there is probable cause to
believe that the criminal laws of this State have been
violated and the search is conducted in conformity with the
Illinois Constitution, the Constitution of the United States,
and all State statutes.
(o) No individual employed by the State of Illinois shall
be subject to criminal or civil penalties for taking any
action in accordance with the provisions of this Act, when the
actions are within the scope of his or her employment.
Representation and indemnification of State employees shall be
provided to State employees as set forth in Section 2 of the
State Employee Indemnification Act.
(p) No law enforcement or correctional agency, nor any
individual employed by a law enforcement or correctional
agency, shall be subject to criminal or civil liability,
except for willful and wanton misconduct, as a result of
taking any action within the scope of the official duties of
the agency or individual to prohibit or prevent the possession
or use of cannabis by a cardholder incarcerated at a
correctional facility, jail, or municipal lockup facility, on
parole or mandatory supervised release, or otherwise under the
lawful jurisdiction of the agency or individual.

(Source: P.A. 101-363, eff. 8-19-19; 101-370, eff. 1-1-20;
revised 9-24-19.)
(410 ILCS 130/35)
Sec. 35. Certifying health care professional requirements.
(a) A certifying health care professional who certifies a
debilitating medical condition for a qualifying patient shall
comply with all of the following requirements:
(1) The certifying health care professional shall be
currently licensed under the Medical Practice Act of 1987
to practice medicine in all its branches, the Nurse
Practice Act, or the Physician Assistant Practice Act of
1987, shall be in good standing, and must hold a
controlled substances license under Article III of the
Illinois Controlled Substances Act.
(2) A certifying health care professional certifying a
patient's condition shall comply with generally accepted
standards of medical practice, the provisions of the Act
under which he or she is licensed and all applicable
rules.
(3) The physical examination required by this Act may
not be performed by remote means, including telemedicine.
(4) The certifying health care professional shall
maintain a record-keeping system for all patients for whom
the certifying health care professional has certified the
patient's medical condition. These records shall be

accessible to and subject to review by the Department of
Public Health and the Department of Financial and
Professional Regulation upon request.
(b) A certifying health care professional may not:
(1) accept, solicit, or offer any form of remuneration
from or to a qualifying patient, primary caregiver,
cultivation center, or dispensing organization, including
each principal officer, board member, agent, and employee,
to certify a patient, other than accepting payment from a
patient for the fee associated with the required
examination, except for the limited purpose of performing
a medical cannabis-related research study;
(1.5) accept, solicit, or offer any form of
remuneration from or to a medical cannabis cultivation
center or dispensary organization for the purposes of
referring a patient to a specific dispensary organization;
(1.10) engage in any activity that is prohibited under
Section 22.2 of the Medical Practice Act of 1987,
regardless of whether the certifying health care
professional is a physician, advanced practice registered
nurse, or physician assistant;
(2) offer a discount of any other item of value to a
qualifying patient who uses or agrees to use a particular
primary caregiver or dispensing organization to obtain
medical cannabis;
(3) conduct a personal physical examination of a

patient for purposes of diagnosing a debilitating medical
condition at a location where medical cannabis is sold or
distributed or at the address of a principal officer,
agent, or employee or a medical cannabis organization;
(4) hold a direct or indirect economic interest in a
cultivation center or dispensing organization if he or she
recommends the use of medical cannabis to qualified
patients or is in a partnership or other fee or
profit-sharing relationship with a certifying health care
professional who recommends medical cannabis, except for
the limited purpose of performing a medical
cannabis-related cannabis related research study;
(5) serve on the board of directors or as an employee
of a cultivation center or dispensing organization;
(6) refer patients to a cultivation center, a
dispensing organization, or a registered designated
caregiver; or
(7) advertise in a cultivation center or a dispensing
organization.
(c) The Department of Public Health may with reasonable
cause refer a certifying health care professional, who has
certified a debilitating medical condition of a patient, to
the Illinois Department of Financial and Professional
Regulation for potential violations of this Section.
(d) Any violation of this Section or any other provision
of this Act or rules adopted under this Act is a violation of

the certifying health care professional's licensure act.
(e) A certifying health care professional who certifies a
debilitating medical condition for a qualifying patient may
notify the Department of Public Health in writing: (1) if the
certifying health care professional has reason to believe
either that the registered qualifying patient has ceased to
suffer from a debilitating medical condition; (2) that the
bona fide health care professional-patient relationship has
terminated; or (3) that continued use of medical cannabis
would result in contraindication with the patient's other
medication. The registered qualifying patient's registry
identification card shall be revoked by the Department of
Public Health after receiving the certifying health care
professional's notification.
(f) Nothing in this Act shall preclude a certifying health
care professional from referring a patient for health
services, except when the referral is limited to certification
purposes only, under this Act.
(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19;
revised 12-9-19.)
(410 ILCS 130/36)
Sec. 36. Written certification.
(a) A certification confirming a patient's debilitating
medical condition shall be written on a form provided by the
Department of Public Health and shall include, at a minimum,

the following:
(1) the qualifying patient's name, date of birth, home
address, and primary telephone number;
(2) the certifying health care professional's name,
address, telephone number, email address, and medical,
advanced advance practice registered nurse, or physician
assistant license number, and the last 4 digits, only, of
his or her active controlled substances license under the
Illinois Controlled Substances Act and indication of
specialty or primary area of clinical practice, if any;
(3) the qualifying patient's debilitating medical
condition;
(4) a statement that the certifying health care
professional has confirmed a diagnosis of a debilitating
condition; is treating or managing treatment of the
patient's debilitating condition; has a bona fide health
care professional-patient relationship; has conducted an
in-person physical examination; and has conducted a review
of the patient's medical history, including reviewing
medical records from other treating health care
professionals, if any, from the previous 12 months;
(5) the certifying health care professional's
signature and date of certification; and
(6) a statement that a participant in possession of a
written certification indicating a debilitating medical
condition shall not be considered an unlawful user or

addicted to narcotics solely as a result of his or her
pending application to or participation in the
Compassionate Use of Medical Cannabis Program.
(b) A written certification does not constitute a
prescription for medical cannabis.
(c) Applications for qualifying patients under 18 years
old shall require a written certification from a certifying
health care professional and a reviewing certifying health
care professional.
(d) A certification confirming the patient's eligibility
to participate in the Opioid Alternative Pilot Program shall
be written on a form provided by the Department of Public
Health and shall include, at a minimum, the following:
(1) the participant's name, date of birth, home
address, and primary telephone number;
(2) the certifying health care professional's name,
address, telephone number, email address, and medical,
advanced advance practice registered nurse, or physician
assistant license number, and the last 4 digits, only, of
his or her active controlled substances license under the
Illinois Controlled Substances Act and indication of
specialty or primary area of clinical practice, if any;
(3) the certifying health care professional's
signature and date;
(4) the length of participation in the program, which
shall be limited to no more than 90 days;

(5) a statement identifying the patient has been
diagnosed with and is currently undergoing treatment for a
medical condition where an opioid has been or could be
prescribed; and
(6) a statement that a participant in possession of a
written certification indicating eligibility to
participate in the Opioid Alternative Pilot Program shall
not be considered an unlawful user or addicted to
narcotics solely as a result of his or her eligibility or
participation in the program.
(e) The Department of Public Health may provide a single
certification form for subsections (a) and (d) of this
Section, provided that all requirements of those subsections
are included on the form.
(f) The Department of Public Health shall not include the
word "cannabis" on any application forms or written
certification forms that it issues under this Section.
(g) A written certification does not constitute a
prescription.
(h) It is unlawful for any person to knowingly submit a
fraudulent certification to be a qualifying patient in the
Compassionate Use of Medical Cannabis Program or an Opioid
Alternative Pilot Program participant. A violation of this
subsection shall result in the person who has knowingly
submitted the fraudulent certification being permanently
banned from participating in the Compassionate Use of Medical

Cannabis Program or the Opioid Alternative Pilot Program.
(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19;
revised 12-9-19.)
(410 ILCS 130/75)
Sec. 75. Notifications to Department of Public Health and
responses; civil penalty.
(a) The following notifications and Department of Public
Health responses are required:
(1) A registered qualifying patient shall notify the
Department of Public Health of any change in his or her
name or address, or if the registered qualifying patient
ceases to have his or her debilitating medical condition,
within 10 days of the change.
(2) A registered designated caregiver shall notify the
Department of Public Health of any change in his or her
name or address, or if the designated caregiver becomes
aware the registered qualifying patient passed away,
within 10 days of the change.
(3) Before a registered qualifying patient changes his
or her designated caregiver, the qualifying patient must
notify the Department of Public Health.
(4) If a cardholder loses his or her registry
identification card, he or she shall notify the Department
within 10 days of becoming aware the card has been lost.
(b) When a cardholder notifies the Department of Public

Health of items listed in subsection (a), but remains eligible
under this Act, the Department of Public Health shall issue
the cardholder a new registry identification card with a new
random alphanumeric identification number within 15 business
days of receiving the updated information and a fee as
specified in Department of Public Health rules. If the person
notifying the Department of Public Health is a registered
qualifying patient, the Department shall also issue his or her
registered designated caregiver, if any, a new registry
identification card within 15 business days of receiving the
updated information.
(c) If a registered qualifying patient ceases to be a
registered qualifying patient or changes his or her registered
designated caregiver, the Department of Public Health shall
promptly notify the designated caregiver. The registered
designated caregiver's protections under this Act as to that
qualifying patient shall expire 15 days after notification by
the Department.
(d) A cardholder who fails to make a notification to the
Department of Public Health that is required by this Section
is subject to a civil infraction, punishable by a penalty of no
more than $150.
(e) A registered qualifying patient shall notify the
Department of Public Health of any change to his or her
designated registered dispensing organization. The Department
of Public Health shall provide for immediate changes of a

registered qualifying patient's designated registered
dispensing organization. Registered dispensing organizations
must comply with all requirements of this Act.
(f) If the registered qualifying patient's certifying
certifying health care professional notifies the Department in
writing that either the registered qualifying patient has
ceased to suffer from a debilitating medical condition, that
the bona fide health care professional-patient relationship
has terminated, or that continued use of medical cannabis
would result in contraindication with the patient's other
medication, the card shall become null and void. However, the
registered qualifying patient shall have 15 days to destroy
his or her remaining medical cannabis and related
paraphernalia.
(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19;
revised 12-9-19.)
(410 ILCS 130/160)
Sec. 160. Annual reports. The Department of Public Health
shall submit to the General Assembly a report, by September 30
of each year, that does not disclose any identifying
information about registered qualifying patients, registered
caregivers, or certifying health care professionals, but does
contain, at a minimum, all of the following information based
on the fiscal year for reporting purposes:
(1) the number of applications and renewals filed for

registry identification cards or registrations;
(2) the number of qualifying patients and designated
caregivers served by each dispensary during the report
year;
(3) the nature of the debilitating medical conditions
of the qualifying patients;
(4) the number of registry identification cards or
registrations revoked for misconduct;
(5) the number of certifying health care professionals
providing written certifications for qualifying patients;
and
(6) the number of registered medical cannabis
cultivation centers or registered dispensing
organizations; and
(7) the number of Opioid Alternative Pilot Program
participants.
(Source: P.A. 100-863, eff. 8-14-18; 100-1114, eff. 8-28-18;
101-363, eff. 8-9-19; revised 12-9-19.)
Section 635. The Infectious Disease Testing Act is amended
by changing Section 5 as follows:
(410 ILCS 312/5)
Sec. 5. Definitions. Definitions. As used in this Act:
"Health care provider" has the meaning ascribed to it
under HIPAA, as specified in 45 CFR 160.103.

"Health facility" means a hospital, nursing home, blood
bank, blood center, sperm bank, or other health care
institution, including any "health facility" as that term is
defined in the Illinois Finance Authority Act.
"HIPAA" means the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, as amended by
the Health Information Technology for Economic and Clinical
Health Act of 2009, Public Law 111-05, and any subsequent
amendments thereto and any regulations promulgated thereunder.
"Law enforcement officer" means any person employed by the
State, a county, or a municipality as a policeman, peace
officer, auxiliary policeman, or correctional officer or in
some like position involving the enforcement of the law and
protection of the public interest at the risk of that person's
life.
(Source: P.A. 100-270, eff. 8-22-17; revised 7-23-19.)
Section 640. The Lupus Education and Awareness Act is
amended by changing Section 15 as follows:
(410 ILCS 528/15)
Sec. 15. Establishment of the Lupus Education and
Awareness Program.
(a) Subject to appropriation, there is created within the
Department of Public Health the Lupus Education and Awareness
Program (LEAP). The Program shall be composed of various

components, including, but not limited to, public awareness
activities and professional education programs. Subject to
appropriation, the Interagency and Partnership Advisory Panel
on Lupus is created to oversee LEAP and advise the Department
in implementing LEAP.
(b) The Department shall establish, promote, and maintain
the Lupus Education and Awareness Program with an emphasis on
minority populations and at-risk communities in order to raise
public awareness, educate consumers, and educate and train
health professionals, human service providers, and other
audiences.
The Department shall work with a national organization
that deals with lupus to implement programs to raise public
awareness about the symptoms and nature of lupus, personal
risk factors, and options for diagnosing and treating the
disease, with a particular focus on populations at elevated
risk for lupus, including women and communities of color.
The Program shall include initiatives to educate and train
physicians, health care professionals, and other service
providers on the most up-to-date and accurate scientific and
medical information regarding lupus diagnosis, treatment,
risks and benefits of medications, research advances, and
therapeutic decision making, including medical best practices
for detecting and treating the disease in special populations.
These activities shall include, but not be limited to, all of
the following:

(1) Distribution of medically-sound health information
produced by a national organization that deals with lupus
and government agencies, including, but not limited to,
the National Institutes of Health, the Centers for Disease
Control and Prevention, and the Social Security
Administration, through local health departments, schools,
agencies on aging, employer wellness programs, physicians
and other health professionals, hospitals, health plans
and health maintenance organizations, women's health
programs, and nonprofit and community-based organizations.
(2) Development of educational materials for health
professionals that identify the latest scientific and
medical information and clinical applications.
(3) Working to increase knowledge among physicians,
nurses, and health and human services professionals about
the importance of lupus diagnosis, treatment, and
rehabilitation.
(4) Support of continuing medical education programs
presented by the leading State academic institutions by
providing them with the most up-to-date information.
(5) Providing statewide workshops and seminars for
in-depth professional development regarding the care and
management of patients with lupus in order to bring the
latest information on clinical advances to care providers.
(6) Development and maintenance of a directory of
lupus-related services and lupus health care providers

with specialization in services to diagnose and treat
lupus. The Department shall disseminate this directory to
all stakeholders, including, but not limited to,
individuals with lupus, families, and representatives from
voluntary organizations, health care professionals, health
plans, and State and local health agencies.
(c) The Director shall do all of the following:
(1) Designate a person in the Department to oversee
the Program.
(2) Identify the appropriate entities to carry out the
Program, including, but not limited to, the following:
local health departments, schools, agencies on aging,
employer wellness programs, physicians and other health
professionals, hospitals, health plans and health
maintenance organizations, women's health organizations,
and nonprofit and community-based organizations.
(3) Base the Program on the most current scientific
information and findings.
(4) Work with governmental entities, community and
business leaders, community organizations, health care and
human service providers, and national, State, and local
organizations to coordinate efforts to maximize State
resources in the areas of lupus education and awareness.
(5) Use public health institutions for dissemination
of medically sound health materials.
(d) The Department shall establish and coordinate the

Interagency and Partnership Advisory Panel on Lupus consisting
of 15 members, one of whom shall be appointed by the Director
as the chair. The Panel shall be composed of:
(1) at least 3 individuals with lupus;
(2) three representatives from relevant State agencies
including the Department;
(3) three scientists with experience in lupus who
participate in various fields of scientific endeavor,
including, but not limited to, biomedical research,
social, translational, behavioral, and epidemiological
research, and public health;
(4) two medical clinicians with experience in treating
people with lupus; and
(5) four representatives from relevant nonprofit
women's and health organizations, including one
representative from a national organization that deals
with the treatment of lupus.
Individuals and organizations may submit nominations to
the Director to be named to the Panel. Such nominations may
include the following:
(i) representatives from appropriate State departments
and agencies, such as entities with responsibility for
health disparities, public health programs, education,
public welfare, and women's health programs;
(ii) health and medical professionals with expertise
in lupus; and

(iii) individuals with lupus, and recognized experts
in the provision of health services to women, lupus
research, or health disparities.
All members of the panel shall serve terms of 2 years. A
member may be appointed to serve not more than 2 terms, whether
or not consecutive. A majority of the members of the panel
shall constitute a quorum. A majority vote of a quorum shall be
required for any official action of the Panel. The Panel shall
meet at the call of the chair, but not less than 2 times per
year. All members shall serve without compensation, but shall
be entitled to actual, necessary expenses incurred in the
performance of their business as members of the Panel in
accordance with the reimbursement policies polices for the
State.
(Source: P.A. 96-1108, eff. 1-1-11; revised 7-23-19.)
Section 645. The Environmental Protection Act is amended
by setting forth, renumbering, and changing multiple versions
of Sections 9.16 and 22.59, by changing Sections 21, 21.7,
22.23d, 39, and 40 as follows:
(415 ILCS 5/9.16)
Sec. 9.16. Control of ethylene oxide sterilization
sources.
(a) As used in this Section:
"Ethylene oxide sterilization operations" means the

process of using ethylene oxide at an ethylene oxide
sterilization source to make one or more items free from
microorganisms, pathogens, or both microorganisms and
pathogens.
"Ethylene oxide sterilization source" means any stationary
source with ethylene oxide usage that would subject it to the
emissions standards in 40 CFR 63.362. "Ethylene oxide
sterilization source" does not include beehive fumigators,
research or laboratory facilities, hospitals, doctors'
offices, clinics, or other stationary sources for which the
primary purpose is to provide medical services to humans or
animals.
"Exhaust point" means any point through which ethylene
oxide-laden air exits an ethylene oxide sterilization source.
"Stationary source" has the meaning set forth in
subsection 1 of Section 39.5.
(b) Beginning 180 days after June 21, 2019 (the effective
date of Public Act 101-22) this amendatory Act of the 101st
General Assembly, no person shall conduct ethylene oxide
sterilization operations, unless the ethylene oxide
sterilization source captures, and demonstrates that it
captures, 100% of all ethylene oxide emissions and reduces
ethylene oxide emissions to the atmosphere from each exhaust
point at the ethylene oxide sterilization source by at least
99.9% or to 0.2 parts per million.
(1) Within 180 days after June 21, 2019 (the effective

date of Public Act 101-22) this amendatory Act of the
101st General Assembly for any existing ethylene oxide
sterilization source, or prior to any ethylene oxide
sterilization operation for any source that first becomes
subject to regulation after June 21, 2019 (the effective
date of Public Act 101-22) this amendatory Act of the
101st General Assembly as an ethylene oxide sterilization
source under this Section, the owner or operator of the
ethylene oxide sterilization source shall conduct an
initial emissions test in accordance with all of the
requirements set forth in this paragraph (1) to verify
that ethylene oxide emissions to the atmosphere from each
exhaust point at the ethylene oxide sterilization source
have been reduced by at least 99.9% or to 0.2 parts per
million:
(A) At least 30 days prior to the scheduled
emissions test date, the owner or operator of the
ethylene oxide sterilization source shall submit a
notification of the scheduled emissions test date and
a copy of the proposed emissions test protocol to the
Agency for review and written approval. Emissions test
protocols submitted to the Agency shall address the
manner in which testing will be conducted, including,
but not limited to:
(i) the name of the independent third party
company that will be performing sampling and

analysis and the company's experience with similar
emissions tests;
(ii) the methodologies to be used;
(iii) the conditions under which emissions
tests will be performed, including a discussion of
why these conditions will be representative of
maximum emissions from each of the 3 cycles of
operation (chamber evacuation, back vent, and
aeration) and the means by which the operating
parameters for the emission unit and any control
equipment will be determined;
(iv) the specific determinations of emissions
and operations that are intended to be made,
including sampling and monitoring locations; and
(v) any changes to the test method or methods
proposed to accommodate the specific circumstances
of testing, with justification.
(B) The owner or operator of the ethylene oxide
sterilization source shall perform emissions testing
in accordance with an Agency-approved test protocol
and at representative conditions to verify that
ethylene oxide emissions to the atmosphere from each
exhaust point at the ethylene oxide sterilization
source have been reduced by at least 99.9% or to 0.2
parts per million. The duration of the test must
incorporate all 3 cycles of operation for

determination of the emission reduction efficiency.
(C) Upon Agency approval of the test protocol, any
source that first becomes subject to regulation after
June 21, 2019 (the effective date of Public Act
101-22) this amendatory Act of the 101st General
Assembly as an ethylene oxide sterilization source
under this Section may undertake ethylene oxide
sterilization operations in accordance with the
Agency-approved test protocol for the sole purpose of
demonstrating compliance with this subsection (b).
(D) The owner or operator of the ethylene oxide
sterilization source shall submit to the Agency the
results of any and all emissions testing conducted
after June 21, 2019 (the effective date of Public Act
101-22) this amendatory Act of the 101st General
Assembly, until the Agency accepts testing results
under subparagraph (E) of paragraph (1) of this
subsection (b), for any existing source or prior to
any ethylene oxide sterilization operation for any
source that first becomes subject to regulation after
June 21, 2019 (the effective date of Public Act
101-22) this amendatory Act of the 101st General
Assembly as an ethylene oxide sterilization source
under this Section. The results documentation shall
include at a minimum:
(i) a summary of results;

(ii) a description of test method or methods,
including description of sample points, sampling
train, analysis equipment, and test schedule;
(iii) a detailed description of test
conditions, including process information and
control equipment information; and
(iv) data and calculations, including copies
of all raw data sheets, opacity observation
records and records of laboratory analyses, sample
calculations, and equipment calibration.
(E) Within 30 days of receipt, the Agency shall
accept, accept with conditions, or decline to accept a
stack testing protocol and the testing results
submitted to demonstrate compliance with paragraph (1)
of this subsection (b). If the Agency accepts with
conditions or declines to accept the results
submitted, the owner or operator of the ethylene oxide
sterilization source shall submit revised results of
the emissions testing or conduct emissions testing
again. If the owner or operator revises the results,
the revised results shall be submitted within 15 days
after the owner or operator of the ethylene oxide
sterilization source receives written notice of the
Agency's conditional acceptance or rejection of the
emissions testing results. If the owner or operator
conducts emissions testing again, such new emissions

testing shall conform to the requirements of this
subsection (b).
(2) The owner or operator of the ethylene oxide
sterilization source shall conduct emissions testing on
all exhaust points at the ethylene oxide sterilization
source at least once each calendar year to demonstrate
compliance with the requirements of this Section and any
applicable requirements concerning ethylene oxide that are
set forth in either United States Environmental Protection
Agency rules or Board rules. Annual emissions tests
required under this paragraph (2) shall take place at
least 6 months apart. An initial emissions test conducted
under paragraph (1) of this subsection (b) satisfies the
testing requirement of this paragraph (2) for the calendar
year in which the initial emissions test is conducted.
(3) At least 30 days before conducting the annual
emissions test required under paragraph (2) of this
subsection (b), the owner or operator shall submit a
notification of the scheduled emissions test date and a
copy of the proposed emissions test protocol to the Agency
for review and written approval. Emissions test protocols
submitted to the Agency under this paragraph (3) must
address each item listed in subparagraph (A) of paragraph
(1) of this subsection (b). Emissions testing shall be
performed in accordance with an Agency-approved test
protocol and at representative conditions. In addition, as

soon as practicable, but no later than 30 days after the
emissions test date, the owner or operator shall submit to
the Agency the results of the emissions testing required
under paragraph (2) of this subsection (b). Such results
must include each item listed in subparagraph (D) of
paragraph (1) of this subsection (b).
(4) If the owner or operator of an ethylene oxide
sterilization source conducts any emissions testing in
addition to tests required by Public Act 101-22 this
amendatory Act of the 101st General Assembly, the owner or
operator shall submit to the Agency the results of such
emissions testing within 30 days after the emissions test
date.
(5) The Agency shall accept, accept with conditions,
or decline to accept testing results submitted to
demonstrate compliance with paragraph (2) of this
subsection (b). If the Agency accepts with conditions or
declines to accept the results submitted, the owner or
operator of the ethylene oxide sterilization source shall
submit revised results of the emissions testing or conduct
emissions testing again. If the owner or operator revises
the results, the revised results shall be submitted within
15 days after the owner or operator of the ethylene oxide
sterilization source receives written notice of the
Agency's conditional acceptance or rejection of the
emissions testing results. If the owner or operator

conducts emissions testing again, such new emissions
testing shall conform to the requirements of this
subsection (b).
(c) If any emissions test conducted more than 180 days
after June 21, 2019 (the effective date of Public Act 101-22)
this amendatory Act of the 101st General Assembly fails to
demonstrate that ethylene oxide emissions to the atmosphere
from each exhaust point at the ethylene oxide sterilization
source have been reduced by at least 99.9% or to 0.2 parts per
million, the owner or operator of the ethylene oxide
sterilization source shall immediately cease ethylene oxide
sterilization operations and notify the Agency within 24 hours
of becoming aware of the failed emissions test. Within 60 days
after the date of the test, the owner or operator of the
ethylene oxide sterilization source shall:
(1) complete an analysis to determine the root cause
of the failed emissions test;
(2) take any actions necessary to address that root
cause;
(3) submit a report to the Agency describing the
findings of the root cause analysis, any work undertaken
to address findings of the root cause analysis, and
identifying any feasible best management practices to
enhance capture and further reduce ethylene oxide levels
within the ethylene oxide sterilization source, including
a schedule for implementing such practices; and

(4) upon approval by the Agency of the report required
by paragraph (3) of this subsection, restart ethylene
oxide sterilization operations only to the extent
necessary to conduct additional emissions test or tests.
The ethylene oxide sterilization source shall conduct such
emissions test or tests under the same requirements as the
annual test described in paragraphs (2) and (3) of
subsection (b). The ethylene oxide sterilization source
may restart operations once an emissions test successfully
demonstrates that ethylene oxide emissions to the
atmosphere from each exhaust point at the ethylene oxide
sterilization source have been reduced by at least 99.9%
or to 0.2 parts per million, the source has submitted the
results of all emissions testing conducted under this
subsection to the Agency, and the Agency has approved the
results demonstrating compliance.
(d) Beginning 180 days after June 21, 2019 (the effective
date of Public Act 101-22) this amendatory Act of the 101st
General Assembly for any existing source or prior to any
ethylene oxide sterilization operation for any source that
first becomes subject to regulation after June 21, 2019 (the
effective date of Public Act 101-22) this amendatory Act of
the 101st General Assembly as an ethylene oxide sterilization
source under this Section, no person shall conduct ethylene
oxide sterilization operations unless the owner or operator of
the ethylene oxide sterilization source submits for review and

approval by the Agency a plan describing how the owner or
operator will continuously collect emissions information at
the ethylene oxide sterilization source. This plan must also
specify locations at the ethylene oxide sterilization source
from which emissions will be collected and identify equipment
used for collection and analysis, including the individual
system components.
(1) The owner or operator of the ethylene oxide
sterilization source must provide a notice of acceptance
of any conditions added by the Agency to the plan, or
correct any deficiencies identified by the Agency in the
plan, within 3 business days after receiving the Agency's
conditional acceptance or denial of the plan.
(2) Upon the Agency's approval of the plan, the owner
or operator of the ethylene oxide sterilization source
shall implement the plan in accordance with its approved
terms.
(e) Beginning 180 days after June 21, 2019 (the effective
date of Public Act 101-22) this amendatory Act of the 101st
General Assembly for any existing source or prior to any
ethylene oxide sterilization operation for any source that
first becomes subject to regulation after June 21, 2019 (the
effective date of Public Act 101-22) this amendatory Act of
the 101st General Assembly as an ethylene oxide sterilization
source under this Section, no person shall conduct ethylene
oxide sterilization operations unless the owner or operator of

the ethylene oxide sterilization source submits for review and
approval by the Agency an Ambient Air Monitoring Plan.
(1) The Ambient Air Monitoring Plan shall include, at
a minimum, the following:
(A) Detailed plans to collect and analyze air
samples for ethylene oxide on at least a quarterly
basis near the property boundaries of the ethylene
oxide sterilization source and at community locations
with the highest modeled impact pursuant to the
modeling conducted under subsection (f). Each
quarterly sampling under this subsection shall be
conducted over a multiple-day sampling period.
(B) A schedule for implementation.
(C) The name of the independent third party
company that will be performing sampling and analysis
and the company's experience with similar testing.
(2) The owner or operator of the ethylene oxide
sterilization source must provide a notice of acceptance
of any conditions added by the Agency to the Ambient Air
Monitoring Plan, or correct any deficiencies identified by
the Agency in the Ambient Air Monitoring Plan, within 3
business days after receiving the Agency's conditional
acceptance or denial of the plan.
(3) Upon the Agency's approval of the plan, the owner
or operator of the ethylene oxide sterilization source
shall implement the Ambient Air Monitoring Plan in

accordance with its approved terms.
(f) Beginning 180 days after June 21, 2019 (the effective
date of Public Act 101-22) this amendatory Act of the 101st
General Assembly for any existing source or prior to any
ethylene oxide sterilization operation for any source that
first becomes subject to regulation after June 21, 2019 (the
effective date of Public Act 101-22) this amendatory Act of
the 101st General Assembly as an ethylene oxide sterilization
source under this Section, no person shall conduct ethylene
oxide sterilization operations unless the owner or operator of
the ethylene oxide sterilization source has performed
dispersion modeling and the Agency approves such modeling.
(1) Dispersion modeling must:
(A) be conducted using accepted United States
Environmental Protection Agency methodologies,
including 40 CFR Part 51, Appendix W, except that no
background ambient levels of ethylene oxide shall be
used;
(B) use emissions and stack parameter data from
the emissions test conducted in accordance with
paragraph (1) of subsection (b), and use 5 years of
hourly meteorological data that is representative of
the source's location; and
(C) use a receptor grid that extends to at least
one kilometer around the source and ensure the
modeling domain includes the area of maximum impact,

with receptor spacing no greater than every 50 meters
starting from the building walls of the source
extending out to a distance of at least one-half
kilometer, then every 100 meters extending out to a
distance of at least one kilometer.
(2) The owner or operator of the ethylene oxide
sterilization source shall submit revised results of all
modeling if the Agency accepts with conditions or declines
to accept the results submitted.
(g) A facility permitted to emit ethylene oxide that has
been subject to a seal order under Section 34 is prohibited
from using ethylene oxide for sterilization or fumigation
purposes, unless (i) the facility can provide a certification
to the Agency by the supplier of a product to be sterilized or
fumigated that ethylene oxide sterilization or fumigation is
the only available method to completely sterilize or fumigate
the product and (ii) the Agency has certified that the
facility's emission control system uses technology that
produces the greatest reduction in ethylene oxide emissions
currently available. The certification shall be made by a
company representative with knowledge of the sterilization
requirements of the product. The certification requirements of
this Section shall apply to any group of products packaged
together and sterilized as a single product if sterilization
or fumigation is the only available method to completely
sterilize or fumigate more than half of the individual

products contained in the package.
A facility is not subject to the requirements of this
subsection if the supporting findings of the seal order under
Section 34 are found to be without merit by a court of
competent jurisdiction.
(h) If an entity, or any parent or subsidiary of an entity,
that owns or operates a facility permitted by the Agency to
emit ethylene oxide acquires by purchase, license, or any
other method of acquisition any intellectual property right in
a sterilization technology that does not involve the use of
ethylene oxide, or by purchase, merger, or any other method of
acquisition of any entity that holds an intellectual property
right in a sterilization technology that does not involve the
use of ethylene oxide, that entity, parent, or subsidiary
shall notify the Agency of the acquisition within 30 days of
acquiring it. If that entity, parent, or subsidiary has not
used the sterilization technology within 3 years of its
acquisition, the entity shall notify the Agency within 30 days
of the 3-year period elapsing.
An entity, or any parent or subsidiary of an entity, that
owns or operates a facility permitted by the Agency to emit
ethylene oxide that has any intellectual property right in any
sterilization technology that does not involve the use of
ethylene oxide shall notify the Agency of any offers that it
makes to license or otherwise allow the technology to be used
by third parties within 30 days of making the offer.

An entity, or any parent or subsidiary of an entity, that
owns or operates a facility permitted by the Agency to emit
ethylene oxide shall provide the Agency with a list of all U.S.
patent registrations for sterilization technology that the
entity, parent, or subsidiary has any property right in. The
list shall include the following:
(1) The patent number assigned by the United States
Patent and Trademark Office for each patent.
(2) The date each patent was filed.
(3) The names and addresses of all owners or assignees
of each patent.
(4) The names and addresses of all inventors of each
patent.
(i) If a CAAPP permit applicant applies to use ethylene
oxide as a sterilant or fumigant at a facility not in existence
prior to January 1, 2020, the Agency shall issue a CAAPP permit
for emission of ethylene oxide only if:
(1) the nearest school or park is at least 10 miles
from the permit applicant in counties with populations
greater than 50,000;
(2) the nearest school or park is at least 15 miles
from the permit applicant in counties with populations
less than or equal to 50,000; and
(3) within 7 days after the application for a CAAPP
permit, the permit applicant has published its permit
request on its website, published notice in a local

newspaper of general circulation, and provided notice to:
(A) the State Representative for the
representative district in which the facility is
located;
(B) the State Senator for the legislative district
in which the facility is located;
(C) the members of the county board for the county
in which the facility is located; and
(D) the local municipal board members and
executives.
(j) The owner or operator of an ethylene oxide
sterilization source must apply for and obtain a construction
permit from the Agency for any modifications made to the
source to comply with the requirements of Public Act 101-22
this amendatory Act of the 101st General Assembly, including,
but not limited to, installation of a permanent total
enclosure, modification of airflow to create negative pressure
within the source, and addition of one or more control
devices. Additionally, the owner or operator of the ethylene
oxide sterilization source must apply for and obtain from the
Agency a modification of the source's operating permit to
incorporate such modifications made to the source. Both the
construction permit and operating permit must include a limit
on ethylene oxide usage at the source.
(k) Nothing in this Section shall be interpreted to excuse
the ethylene oxide sterilization source from complying with

any applicable local requirements.
(l) The owner or operator of an ethylene oxide
sterilization source must notify the Agency within 5 days
after discovering any deviation from any of the requirements
in this Section or deviations from any applicable requirements
concerning ethylene oxide that are set forth in this Act,
United States Environmental Protection Agency rules, or Board
rules. As soon as practicable, but no later than 5 business
days, after the Agency receives such notification, the Agency
must post a notice on its website and notify the members of the
General Assembly from the Legislative and Representative
Districts in which the source in question is located, the
county board members of the county in which the source in
question is located, the corporate authorities of the
municipality in which the source in question is located, and
the Illinois Department of Public Health.
(m) The Agency must conduct at least one unannounced
inspection of all ethylene oxide sterilization sources subject
to this Section per year. Nothing in this Section shall limit
the Agency's authority under other provisions of this Act to
conduct inspections of ethylene oxide sterilization sources.
(n) The Agency shall conduct air testing to determine the
ambient levels of ethylene oxide throughout the State. The
Agency shall, within 180 days after June 21, 2019 (the
effective date of Public Act 101-22) this amendatory Act of
the 101st General Assembly, submit rules for ambient air

testing of ethylene oxide to the Board.
(Source: P.A. 101-22, eff. 6-21-19; revised 8-9-19.)
(415 ILCS 5/9.17)
Sec. 9.17 9.16. Nonnegligible ethylene oxide emissions
sources.
(a) In this Section, "nonnegligible ethylene oxide
emissions source" means an ethylene oxide emissions source
permitted by the Agency that currently emits more than 150
pounds of ethylene oxide as reported on the source's 2017
Toxic Release Inventory and is located in a county with a
population of at least 700,000 based on 2010 census data.
"Nonnegligible ethylene oxide emissions source" does not
include facilities that are ethylene oxide sterilization
sources or hospitals that are licensed under the Hospital
Licensing Act or operated under the University of Illinois
Hospital Act.
(b) Beginning 180 days after June 21, 2019 (the effective
date of Public Act 101-23) this amendatory Act of the 101st
General Assembly, no nonnegligible ethylene oxide emissions
source shall conduct activities that cause ethylene oxide
emissions unless the owner or operator of the nonnegligible
ethylene oxide emissions source submits for review and
approval of the Agency a plan describing how the owner or
operator will continuously collect emissions information. The
plan must specify locations at the nonnegligible ethylene

oxide emissions source from which emissions will be collected
and identify equipment used for collection and analysis,
including the individual system components.
(1) The owner or operator of the nonnegligible
ethylene oxide emissions source must provide a notice of
acceptance of any conditions added by the Agency to the
plan or correct any deficiencies identified by the Agency
in the plan within 3 business days after receiving the
Agency's conditional acceptance or denial of the plan.
(2) Upon the Agency's approval of the plan the owner
or operator of the nonnegligible ethylene oxide emissions
source shall implement the plan in accordance with its
approved terms.
(c) Beginning 180 days after June 21, 2019 (the effective
date of Public Act 101-23) this amendatory Act of the 101st
General Assembly, no nonnegligible ethylene oxide emissions
source shall conduct activities that cause ethylene oxide
emissions unless the owner or operator of the nonnegligible
ethylene oxide emissions source has performed dispersion
modeling and the Agency approves the dispersion modeling.
(1) Dispersion modeling must:
(A) be conducted using accepted United States
Environmental Protection Agency methodologies,
including Appendix W to 40 CFR 51, except that no
background ambient levels of ethylene oxide shall be
used;

(B) use emissions and stack parameter data from
any emissions test conducted and 5 years of hourly
meteorological data that is representative of the
nonnegligible ethylene oxide emissions source's
location; and
(C) use a receptor grid that extends to at least
one kilometer around the nonnegligible ethylene oxide
emissions source and ensures the modeling domain
includes the area of maximum impact, with receptor
spacing no greater than every 50 meters starting from
the building walls of the nonnegligible ethylene oxide
emissions source extending out to a distance of at
least 1/2 kilometer, then every 100 meters extending
out to a distance of at least one kilometer.
(2) The owner or operator of the nonnegligible
ethylene oxide emissions source shall submit revised
results of all modeling if the Agency accepts with
conditions or declines to accept the results submitted.
(d) Beginning 180 days after June 21, 2019 (the effective
date of Public Act 101-23) this amendatory Act of the 101st
General Assembly, no nonnegligible ethylene oxide emissions
source shall conduct activities that cause ethylene oxide
emissions unless the owner or operator of the nonnegligible
ethylene oxide emissions source obtains a permit consistent
with the requirements in this Section from the Agency to
conduct activities that may result in the emission of ethylene

oxide.
(e) The Agency in issuing the applicable permits to a
nonnegligible ethylene oxide emissions source shall:
(1) impose a site-specific annual cap on ethylene
oxide emissions set to protect the public health; and
(2) include permit conditions granting the Agency the
authority to reopen the permit if the Agency determines
that the emissions of ethylene oxide from the permitted
nonnegligible ethylene oxide emissions source pose a risk
to the public health as defined by the Agency.
(Source: P.A. 101-23, eff. 6-21-19; revised 8-9-19.)
(415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
Sec. 21. Prohibited acts. No person shall:
(a) Cause or allow the open dumping of any waste.
(b) Abandon, dump, or deposit any waste upon the public
highways or other public property, except in a sanitary
landfill approved by the Agency pursuant to regulations
adopted by the Board.
(c) Abandon any vehicle in violation of the "Abandoned
Vehicles Amendment to the Illinois Vehicle Code", as enacted
by the 76th General Assembly.
(d) Conduct any waste-storage, waste-treatment, or
waste-disposal operation:
(1) without a permit granted by the Agency or in
violation of any conditions imposed by such permit,

including periodic reports and full access to adequate
records and the inspection of facilities, as may be
necessary to assure compliance with this Act and with
regulations and standards adopted thereunder; provided,
however, that, except for municipal solid waste landfill
units that receive waste on or after October 9, 1993, and
CCR surface impoundments, no permit shall be required for
(i) any person conducting a waste-storage,
waste-treatment, or waste-disposal operation for wastes
generated by such person's own activities which are
stored, treated, or disposed within the site where such
wastes are generated, or (ii) a facility located in a
county with a population over 700,000 as of January 1,
2000, operated and located in accordance with Section
22.38 of this Act, and used exclusively for the transfer,
storage, or treatment of general construction or
demolition debris, provided that the facility was
receiving construction or demolition debris on August 24,
2009 (the effective date of Public Act 96-611) this
amendatory Act of the 96th General Assembly;
(2) in violation of any regulations or standards
adopted by the Board under this Act; or
(3) which receives waste after August 31, 1988, does
not have a permit issued by the Agency, and is (i) a
landfill used exclusively for the disposal of waste
generated at the site, (ii) a surface impoundment

receiving special waste not listed in an NPDES permit,
(iii) a waste pile in which the total volume of waste is
greater than 100 cubic yards or the waste is stored for
over one year, or (iv) a land treatment facility receiving
special waste generated at the site; without giving notice
of the operation to the Agency by January 1, 1989, or 30
days after the date on which the operation commences,
whichever is later, and every 3 years thereafter. The form
for such notification shall be specified by the Agency,
and shall be limited to information regarding: the name
and address of the location of the operation; the type of
operation; the types and amounts of waste stored, treated
or disposed of on an annual basis; the remaining capacity
of the operation; and the remaining expected life of the
operation.
Item (3) of this subsection (d) shall not apply to any
person engaged in agricultural activity who is disposing of a
substance that constitutes solid waste, if the substance was
acquired for use by that person on his own property, and the
substance is disposed of on his own property in accordance
with regulations or standards adopted by the Board.
This subsection (d) shall not apply to hazardous waste.
(e) Dispose, treat, store or abandon any waste, or
transport any waste into this State for disposal, treatment,
storage or abandonment, except at a site or facility which
meets the requirements of this Act and of regulations and

standards thereunder.
(f) Conduct any hazardous waste-storage, hazardous
waste-treatment or hazardous waste-disposal operation:
(1) without a RCRA permit for the site issued by the
Agency under subsection (d) of Section 39 of this Act, or
in violation of any condition imposed by such permit,
including periodic reports and full access to adequate
records and the inspection of facilities, as may be
necessary to assure compliance with this Act and with
regulations and standards adopted thereunder; or
(2) in violation of any regulations or standards
adopted by the Board under this Act; or
(3) in violation of any RCRA permit filing requirement
established under standards adopted by the Board under
this Act; or
(4) in violation of any order adopted by the Board
under this Act.
Notwithstanding the above, no RCRA permit shall be
required under this subsection or subsection (d) of Section 39
of this Act for any person engaged in agricultural activity
who is disposing of a substance which has been identified as a
hazardous waste, and which has been designated by Board
regulations as being subject to this exception, if the
substance was acquired for use by that person on his own
property and the substance is disposed of on his own property
in accordance with regulations or standards adopted by the

Board.
(g) Conduct any hazardous waste-transportation operation:
(1) without registering with and obtaining a special
waste hauling permit from the Agency in accordance with
the regulations adopted by the Board under this Act; or
(2) in violation of any regulations or standards
adopted by the Board under this Act.
(h) Conduct any hazardous waste-recycling or hazardous
waste-reclamation or hazardous waste-reuse operation in
violation of any regulations, standards or permit requirements
adopted by the Board under this Act.
(i) Conduct any process or engage in any act which
produces hazardous waste in violation of any regulations or
standards adopted by the Board under subsections (a) and (c)
of Section 22.4 of this Act.
(j) Conduct any special waste-transportation waste
transportation operation in violation of any regulations,
standards or permit requirements adopted by the Board under
this Act. However, sludge from a water or sewage treatment
plant owned and operated by a unit of local government which
(1) is subject to a sludge management plan approved by the
Agency or a permit granted by the Agency, and (2) has been
tested and determined not to be a hazardous waste as required
by applicable State and federal laws and regulations, may be
transported in this State without a special waste hauling
permit, and the preparation and carrying of a manifest shall

not be required for such sludge under the rules of the
Pollution Control Board. The unit of local government which
operates the treatment plant producing such sludge shall file
an annual report with the Agency identifying the volume of
such sludge transported during the reporting period, the
hauler of the sludge, and the disposal sites to which it was
transported. This subsection (j) shall not apply to hazardous
waste.
(k) Fail or refuse to pay any fee imposed under this Act.
(l) Locate a hazardous waste disposal site above an active
or inactive shaft or tunneled mine or within 2 miles of an
active fault in the earth's crust. In counties of population
less than 225,000 no hazardous waste disposal site shall be
located (1) within 1 1/2 miles of the corporate limits as
defined on June 30, 1978, of any municipality without the
approval of the governing body of the municipality in an
official action; or (2) within 1000 feet of an existing
private well or the existing source of a public water supply
measured from the boundary of the actual active permitted site
and excluding existing private wells on the property of the
permit applicant. The provisions of this subsection do not
apply to publicly owned publicly-owned sewage works or the
disposal or utilization of sludge from publicly owned
publicly-owned sewage works.
(m) Transfer interest in any land which has been used as a
hazardous waste disposal site without written notification to

the Agency of the transfer and to the transferee of the
conditions imposed by the Agency upon its use under subsection
(g) of Section 39.
(n) Use any land which has been used as a hazardous waste
disposal site except in compliance with conditions imposed by
the Agency under subsection (g) of Section 39.
(o) Conduct a sanitary landfill operation which is
required to have a permit under subsection (d) of this
Section, in a manner which results in any of the following
conditions:
(1) refuse in standing or flowing waters;
(2) leachate flows entering waters of the State;
(3) leachate flows exiting the landfill confines (as
determined by the boundaries established for the landfill
by a permit issued by the Agency);
(4) open burning of refuse in violation of Section 9
of this Act;
(5) uncovered refuse remaining from any previous
operating day or at the conclusion of any operating day,
unless authorized by permit;
(6) failure to provide final cover within time limits
established by Board regulations;
(7) acceptance of wastes without necessary permits;
(8) scavenging as defined by Board regulations;
(9) deposition of refuse in any unpermitted portion of
the landfill;

(10) acceptance of a special waste without a required
manifest;
(11) failure to submit reports required by permits or
Board regulations;
(12) failure to collect and contain litter from the
site by the end of each operating day;
(13) failure to submit any cost estimate for the site
or any performance bond or other security for the site as
required by this Act or Board rules.
The prohibitions specified in this subsection (o) shall be
enforceable by the Agency either by administrative citation
under Section 31.1 of this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit
the power of the Board to establish regulations or standards
applicable to sanitary landfills.
(p) In violation of subdivision (a) of this Section, cause
or allow the open dumping of any waste in a manner which
results in any of the following occurrences at the dump site:
(1) litter;
(2) scavenging;
(3) open burning;
(4) deposition of waste in standing or flowing waters;
(5) proliferation of disease vectors;
(6) standing or flowing liquid discharge from the dump
site;
(7) deposition of:

(i) general construction or demolition debris as
defined in Section 3.160(a) of this Act; or
(ii) clean construction or demolition debris as
defined in Section 3.160(b) of this Act.
The prohibitions specified in this subsection (p) shall be
enforceable by the Agency either by administrative citation
under Section 31.1 of this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit
the power of the Board to establish regulations or standards
applicable to open dumping.
(q) Conduct a landscape waste composting operation without
an Agency permit, provided, however, that no permit shall be
required for any person:
(1) conducting a landscape waste composting operation
for landscape wastes generated by such person's own
activities which are stored, treated, or disposed of
within the site where such wastes are generated; or
(1.5) conducting a landscape waste composting
operation that (i) has no more than 25 cubic yards of
landscape waste, composting additives, composting
material, or end-product compost on-site at any one time
and (ii) is not engaging in commercial activity; or
(2) applying landscape waste or composted landscape
waste at agronomic rates; or
(2.5) operating a landscape waste composting facility
at a site having 10 or more occupied non-farm residences

within 1/2 mile of its boundaries, if the facility meets
all of the following criteria:
(A) the composting facility is operated by the
farmer on property on which the composting material is
utilized, and the composting facility constitutes no
more than 2% of the site's total acreage;
(A-5) any composting additives that the composting
facility accepts and uses at the facility are
necessary to provide proper conditions for composting
and do not exceed 10% of the total composting material
at the facility at any one time;
(B) the property on which the composting facility
is located, and any associated property on which the
compost is used, is principally and diligently devoted
to the production of agricultural crops and is not
owned, leased, or otherwise controlled by any waste
hauler or generator of nonagricultural compost
materials, and the operator of the composting facility
is not an employee, partner, shareholder, or in any
way connected with or controlled by any such waste
hauler or generator;
(C) all compost generated by the composting
facility is applied at agronomic rates and used as
mulch, fertilizer, or soil conditioner on land
actually farmed by the person operating the composting
facility, and the finished compost is not stored at

the composting site for a period longer than 18 months
prior to its application as mulch, fertilizer, or soil
conditioner;
(D) no fee is charged for the acceptance of
materials to be composted at the facility; and
(E) the owner or operator, by January 1, 2014 (or
the January 1 following commencement of operation,
whichever is later) and January 1 of each year
thereafter, registers the site with the Agency, (ii)
reports to the Agency on the volume of composting
material received and used at the site; (iii)
certifies to the Agency that the site complies with
the requirements set forth in subparagraphs (A),
(A-5), (B), (C), and (D) of this paragraph (2.5); and
(iv) certifies to the Agency that all composting
material was placed more than 200 feet from the
nearest potable water supply well, was placed outside
the boundary of the 10-year floodplain or on a part of
the site that is floodproofed, was placed at least 1/4
mile from the nearest residence (other than a
residence located on the same property as the
facility) or a lesser distance from the nearest
residence (other than a residence located on the same
property as the facility) if the municipality in which
the facility is located has by ordinance approved a
lesser distance than 1/4 mile, and was placed more

than 5 feet above the water table; any ordinance
approving a residential setback of less than 1/4 mile
that is used to meet the requirements of this
subparagraph (E) of paragraph (2.5) of this subsection
must specifically reference this paragraph; or
(3) operating a landscape waste composting facility on
a farm, if the facility meets all of the following
criteria:
(A) the composting facility is operated by the
farmer on property on which the composting material is
utilized, and the composting facility constitutes no
more than 2% of the property's total acreage, except
that the Board may allow a higher percentage for
individual sites where the owner or operator has
demonstrated to the Board that the site's soil
characteristics or crop needs require a higher rate;
(A-1) the composting facility accepts from other
agricultural operations for composting with landscape
waste no materials other than uncontaminated and
source-separated (i) crop residue and other
agricultural plant residue generated from the
production and harvesting of crops and other customary
farm practices, including, but not limited to, stalks,
leaves, seed pods, husks, bagasse, and roots and (ii)
plant-derived animal bedding, such as straw or
sawdust, that is free of manure and was not made from

painted or treated wood;
(A-2) any composting additives that the composting
facility accepts and uses at the facility are
necessary to provide proper conditions for composting
and do not exceed 10% of the total composting material
at the facility at any one time;
(B) the property on which the composting facility
is located, and any associated property on which the
compost is used, is principally and diligently devoted
to the production of agricultural crops and is not
owned, leased or otherwise controlled by any waste
hauler or generator of nonagricultural compost
materials, and the operator of the composting facility
is not an employee, partner, shareholder, or in any
way connected with or controlled by any such waste
hauler or generator;
(C) all compost generated by the composting
facility is applied at agronomic rates and used as
mulch, fertilizer or soil conditioner on land actually
farmed by the person operating the composting
facility, and the finished compost is not stored at
the composting site for a period longer than 18 months
prior to its application as mulch, fertilizer, or soil
conditioner;
(D) the owner or operator, by January 1 of each
year, (i) registers the site with the Agency, (ii)

reports to the Agency on the volume of composting
material received and used at the site, (iii)
certifies to the Agency that the site complies with
the requirements set forth in subparagraphs (A),
(A-1), (A-2), (B), and (C) of this paragraph (q)(3),
and (iv) certifies to the Agency that all composting
material:
(I) was placed more than 200 feet from the
nearest potable water supply well;
(II) was placed outside the boundary of the
10-year floodplain or on a part of the site that is
floodproofed;
(III) was placed either (aa) at least 1/4 mile
from the nearest residence (other than a residence
located on the same property as the facility) and
there are not more than 10 occupied non-farm
residences within 1/2 mile of the boundaries of
the site on the date of application or (bb) a
lesser distance from the nearest residence (other
than a residence located on the same property as
the facility) provided that the municipality or
county in which the facility is located has by
ordinance approved a lesser distance than 1/4 mile
and there are not more than 10 occupied non-farm
residences within 1/2 mile of the boundaries of
the site on the date of application; and

(IV) was placed more than 5 feet above the
water table.
Any ordinance approving a residential setback of
less than 1/4 mile that is used to meet the
requirements of this subparagraph (D) must
specifically reference this subparagraph.
For the purposes of this subsection (q), "agronomic rates"
means the application of not more than 20 tons per acre per
year, except that the Board may allow a higher rate for
individual sites where the owner or operator has demonstrated
to the Board that the site's soil characteristics or crop
needs require a higher rate.
(r) Cause or allow the storage or disposal of coal
combustion waste unless:
(1) such waste is stored or disposed of at a site or
facility for which a permit has been obtained or is not
otherwise required under subsection (d) of this Section;
or
(2) such waste is stored or disposed of as a part of
the design and reclamation of a site or facility which is
an abandoned mine site in accordance with the Abandoned
Mined Lands and Water Reclamation Act; or
(3) such waste is stored or disposed of at a site or
facility which is operating under NPDES and Subtitle D
permits issued by the Agency pursuant to regulations
adopted by the Board for mine-related water pollution and

permits issued pursuant to the federal Federal Surface
Mining Control and Reclamation Act of 1977 (P.L. 95-87) or
the rules and regulations thereunder or any law or rule or
regulation adopted by the State of Illinois pursuant
thereto, and the owner or operator of the facility agrees
to accept the waste; and either:
(i) such waste is stored or disposed of in
accordance with requirements applicable to refuse
disposal under regulations adopted by the Board for
mine-related water pollution and pursuant to NPDES and
Subtitle D permits issued by the Agency under such
regulations; or
(ii) the owner or operator of the facility
demonstrates all of the following to the Agency, and
the facility is operated in accordance with the
demonstration as approved by the Agency: (1) the
disposal area will be covered in a manner that will
support continuous vegetation, (2) the facility will
be adequately protected from wind and water erosion,
(3) the pH will be maintained so as to prevent
excessive leaching of metal ions, and (4) adequate
containment or other measures will be provided to
protect surface water and groundwater from
contamination at levels prohibited by this Act, the
Illinois Groundwater Protection Act, or regulations
adopted pursuant thereto.

Notwithstanding any other provision of this Title, the
disposal of coal combustion waste pursuant to item (2) or (3)
of this subdivision (r) shall be exempt from the other
provisions of this Title V, and notwithstanding the provisions
of Title X of this Act, the Agency is authorized to grant
experimental permits which include provision for the disposal
of wastes from the combustion of coal and other materials
pursuant to items (2) and (3) of this subdivision (r).
(s) After April 1, 1989, offer for transportation,
transport, deliver, receive or accept special waste for which
a manifest is required, unless the manifest indicates that the
fee required under Section 22.8 of this Act has been paid.
(t) Cause or allow a lateral expansion of a municipal
solid waste landfill unit on or after October 9, 1993, without
a permit modification, granted by the Agency, that authorizes
the lateral expansion.
(u) Conduct any vegetable by-product treatment, storage,
disposal or transportation operation in violation of any
regulation, standards or permit requirements adopted by the
Board under this Act. However, no permit shall be required
under this Title V for the land application of vegetable
by-products conducted pursuant to Agency permit issued under
Title III of this Act to the generator of the vegetable
by-products. In addition, vegetable by-products may be
transported in this State without a special waste hauling
permit, and without the preparation and carrying of a

manifest.
(v) (Blank).
(w) Conduct any generation, transportation, or recycling
of construction or demolition debris, clean or general, or
uncontaminated soil generated during construction, remodeling,
repair, and demolition of utilities, structures, and roads
that is not commingled with any waste, without the maintenance
of documentation identifying the hauler, generator, place of
origin of the debris or soil, the weight or volume of the
debris or soil, and the location, owner, and operator of the
facility where the debris or soil was transferred, disposed,
recycled, or treated. This documentation must be maintained by
the generator, transporter, or recycler for 3 years. This
subsection (w) shall not apply to (1) a permitted pollution
control facility that transfers or accepts construction or
demolition debris, clean or general, or uncontaminated soil
for final disposal, recycling, or treatment, (2) a public
utility (as that term is defined in the Public Utilities Act)
or a municipal utility, (3) the Illinois Department of
Transportation, or (4) a municipality or a county highway
department, with the exception of any municipality or county
highway department located within a county having a population
of over 3,000,000 inhabitants or located in a county that is
contiguous to a county having a population of over 3,000,000
inhabitants; but it shall apply to an entity that contracts
with a public utility, a municipal utility, the Illinois

Department of Transportation, or a municipality or a county
highway department. The terms "generation" and "recycling", as
used in this subsection, do not apply to clean construction or
demolition debris when (i) used as fill material below grade
outside of a setback zone if covered by sufficient
uncontaminated soil to support vegetation within 30 days of
the completion of filling or if covered by a road or structure,
(ii) solely broken concrete without protruding metal bars is
used for erosion control, or (iii) milled asphalt or crushed
concrete is used as aggregate in construction of the shoulder
of a roadway. The terms "generation" and "recycling", as used
in this subsection, do not apply to uncontaminated soil that
is not commingled with any waste when (i) used as fill material
below grade or contoured to grade, or (ii) used at the site of
generation.
(Source: P.A. 100-103, eff. 8-11-17; 101-171, eff. 7-30-19;
revised 9-12-19.)
(415 ILCS 5/21.7)
Sec. 21.7. Landfills.
(a) The purpose of this Section is to enact legislative
recommendations provided by the Mahomet Aquifer Protection
Task Force, established under Public Act 100-403. The Task
Force identified capped but unregulated or underregulated
landfills that overlie the Mahomet Aquifer as potentially
hazardous to valuable groundwater resources. These unregulated

or underregulated landfills generally began accepting waste
for disposal sometime prior to 1973.
(b) The Agency shall prioritize unregulated or
underregulated landfills that overlie the Mahomet Aquifer for
inspection. The following factors shall be considered:
(1) the presence of, and depth to, any aquifer with
potential potable use;
(2) whether the landfill has an engineered liner
system;
(3) whether the landfill has an active groundwater
monitoring system;
(4) whether waste disposal occurred within the
100-year floodplain; and
(5) landfills within the setback zone of any potable
water supply well.
(c) Subject to appropriation, the Agency shall use
existing information available from State and federal
agencies, such as the Prairie Research Institute, the
Department of Natural Resources, the Illinois Emergency
Management Agency, the Federal Emergency Management Agency,
and the Natural Resources Conservation Service, to identify
unknown, unregulated, or underregulated waste disposal sites
that overlie the Mahomet Aquifer that may pose a threat to
surface water or groundwater resources.
(d) Subject to appropriation, for those landfills
prioritized for response action following inspection and

investigation, the Agency shall use its own data, along with
data from municipalities, counties, solid waste management
associations, companies, corporations, and individuals, to
archive information about the landfills, including their
ownership, operational details, and waste disposal history.
(Source: P.A. 101-573, eff. 1-1-20; revised 12-9-19.)
(415 ILCS 5/22.23d)
Sec. 22.23d. Rechargeable batteries.
(a) "Rechargeable battery" means one or more voltaic or
galvanic cells, electrically connected to produce electric
energy, that are is designed to be recharged for repeated
uses. "Rechargeable battery" includes, but is not limited to,
a battery containing lithium ion, lithium metal, or lithium
polymer or that uses lithium as an anode or cathode, that is
designed to be recharged for repeated uses. "Rechargeable
battery" does not mean either of the following:
(1) Any dry cell battery that is used as the principal
power source for transportation, including, but not
limited to, automobiles, motorcycles, or boats.
(2) Any battery that is used only as a backup power
source for memory or program instruction storage,
timekeeping, or any similar purpose that requires
uninterrupted electrical power in order to function if the
primary energy supply fails or fluctuates momentarily.
(b) Unless expressly authorized by a recycling collection

program, beginning January 1, 2020, no person shall knowingly
mix a rechargeable battery or any appliance, device, or other
item that contains a rechargeable battery with any other
material intended for collection by a hauler as a recyclable
material.
Unless expressly authorized by a recycling collection
program, beginning January 1, 2020, no person shall knowingly
place a rechargeable battery or any appliance, device, or
other item that contains a rechargeable battery into a
container intended for collection by a hauler for processing
at a recycling center.
(c) The Agency shall include on its website information
regarding the recycling of rechargeable batteries.
(Source: P.A. 101-137, eff. 7-26-19; revised 9-12-19.)
(415 ILCS 5/22.59)
Sec. 22.59. CCR surface impoundments.
(a) The General Assembly finds that:
(1) the State of Illinois has a long-standing policy
to restore, protect, and enhance the environment,
including the purity of the air, land, and waters,
including groundwaters, of this State;
(2) a clean environment is essential to the growth and
well-being of this State;
(3) CCR generated by the electric generating industry
has caused groundwater contamination and other forms of

pollution at active and inactive plants throughout this
State;
(4) environmental laws should be supplemented to
ensure consistent, responsible regulation of all existing
CCR surface impoundments; and
(5) meaningful participation of State residents,
especially vulnerable populations who may be affected by
regulatory actions, is critical to ensure that
environmental justice considerations are incorporated in
the development of, decision-making related to, and
implementation of environmental laws and rulemaking that
protects and improves the well-being of communities in
this State that bear disproportionate burdens imposed by
environmental pollution.
Therefore, the purpose of this Section is to promote a
healthful environment, including clean water, air, and land,
meaningful public involvement, and the responsible disposal
and storage of coal combustion residuals, so as to protect
public health and to prevent pollution of the environment of
this State.
The provisions of this Section shall be liberally
construed to carry out the purposes of this Section.
(b) No person shall:
(1) cause or allow the discharge of any contaminants
from a CCR surface impoundment into the environment so as
to cause, directly or indirectly, a violation of this

Section or any regulations or standards adopted by the
Board under this Section, either alone or in combination
with contaminants from other sources;
(2) construct, install, modify, operate, or close any
CCR surface impoundment without a permit granted by the
Agency, or so as to violate any conditions imposed by such
permit, any provision of this Section or any regulations
or standards adopted by the Board under this Section; or
(3) cause or allow, directly or indirectly, the
discharge, deposit, injection, dumping, spilling, leaking,
or placing of any CCR upon the land in a place and manner
so as to cause or tend to cause a violation this Section or
any regulations or standards adopted by the Board under
this Section.
(c) For purposes of this Section, a permit issued by the
Administrator of the United States Environmental Protection
Agency under Section 4005 of the federal Resource Conservation
and Recovery Act, shall be deemed to be a permit under this
Section and subsection (y) of Section 39.
(d) Before commencing closure of a CCR surface
impoundment, in accordance with Board rules, the owner of a
CCR surface impoundment must submit to the Agency for approval
a closure alternatives analysis that analyzes all closure
methods being considered and that otherwise satisfies all
closure requirements adopted by the Board under this Act.
Complete removal of CCR, as specified by the Board's rules,

from the CCR surface impoundment must be considered and
analyzed. Section 3.405 does not apply to the Board's rules
specifying complete removal of CCR. The selected closure
method must ensure compliance with regulations adopted by the
Board pursuant to this Section.
(e) Owners or operators of CCR surface impoundments who
have submitted a closure plan to the Agency before May 1, 2019,
and who have completed closure prior to 24 months after July
30, 2019 (the effective date of Public Act 101-171) this
amendatory Act of the 101st General Assembly shall not be
required to obtain a construction permit for the surface
impoundment closure under this Section.
(f) Except for the State, its agencies and institutions, a
unit of local government, or not-for-profit electric
cooperative as defined in Section 3.4 of the Electric Supplier
Act, any person who owns or operates a CCR surface impoundment
in this State shall post with the Agency a performance bond or
other security for the purpose of: (i) ensuring closure of the
CCR surface impoundment and post-closure care in accordance
with this Act and its rules; and (ii) insuring remediation of
releases from the CCR surface impoundment. The only acceptable
forms of financial assurance are: a trust fund, a surety bond
guaranteeing payment, a surety bond guaranteeing performance,
or an irrevocable letter of credit.
(1) The cost estimate for the post-closure care of a
CCR surface impoundment shall be calculated using a

30-year post-closure care period or such longer period as
may be approved by the Agency under Board or federal
rules.
(2) The Agency is authorized to enter into such
contracts and agreements as it may deem necessary to carry
out the purposes of this Section. Neither the State, nor
the Director, nor any State employee shall be liable for
any damages or injuries arising out of or resulting from
any action taken under this Section.
(3) The Agency shall have the authority to approve or
disapprove any performance bond or other security posted
under this subsection. Any person whose performance bond
or other security is disapproved by the Agency may contest
the disapproval as a permit denial appeal pursuant to
Section 40.
(g) The Board shall adopt rules establishing construction
permit requirements, operating permit requirements, design
standards, reporting, financial assurance, and closure and
post-closure care requirements for CCR surface impoundments.
Not later than 8 months after July 30, 2019 (the effective date
of Public Act 101-171) this amendatory Act of the 101st
General Assembly the Agency shall propose, and not later than
one year after receipt of the Agency's proposal the Board
shall adopt, rules under this Section. The rules must, at a
minimum:
(1) be at least as protective and comprehensive as the

federal regulations or amendments thereto promulgated by
the Administrator of the United States Environmental
Protection Agency in Subpart D of 40 CFR 257 governing CCR
surface impoundments;
(2) specify the minimum contents of CCR surface
impoundment construction and operating permit
applications, including the closure alternatives analysis
required under subsection (d);
(3) specify which types of permits include
requirements for closure, post-closure, remediation and
all other requirements applicable to CCR surface
impoundments;
(4) specify when permit applications for existing CCR
surface impoundments must be submitted, taking into
consideration whether the CCR surface impoundment must
close under the RCRA;
(5) specify standards for review and approval by the
Agency of CCR surface impoundment permit applications;
(6) specify meaningful public participation procedures
for the issuance of CCR surface impoundment construction
and operating permits, including, but not limited to,
public notice of the submission of permit applications, an
opportunity for the submission of public comments, an
opportunity for a public hearing prior to permit issuance,
and a summary and response of the comments prepared by the
Agency;

(7) prescribe the type and amount of the performance
bonds or other securities required under subsection (f),
and the conditions under which the State is entitled to
collect moneys from such performance bonds or other
securities;
(8) specify a procedure to identify areas of
environmental justice concern in relation to CCR surface
impoundments;
(9) specify a method to prioritize CCR surface
impoundments required to close under RCRA if not otherwise
specified by the United States Environmental Protection
Agency, so that the CCR surface impoundments with the
highest risk to public health and the environment, and
areas of environmental justice concern are given first
priority;
(10) define when complete removal of CCR is achieved
and specify the standards for responsible removal of CCR
from CCR surface impoundments, including, but not limited
to, dust controls and the protection of adjacent surface
water and groundwater; and
(11) describe the process and standards for
identifying a specific alternative source of groundwater
pollution when the owner or operator of the CCR surface
impoundment believes that groundwater contamination on the
site is not from the CCR surface impoundment.
(h) Any owner of a CCR surface impoundment that generates

CCR and sells or otherwise provides coal combustion byproducts
pursuant to Section 3.135 shall, every 12 months, post on its
publicly available website a report specifying the volume or
weight of CCR, in cubic yards or tons, that it sold or provided
during the past 12 months.
(i) The owner of a CCR surface impoundment shall post all
closure plans, permit applications, and supporting
documentation, as well as any Agency approval of the plans or
applications on its publicly available website.
(j) The owner or operator of a CCR surface impoundment
shall pay the following fees:
(1) An initial fee to the Agency within 6 months after
July 30, 2019 (the effective date of Public Act 101-171)
this amendatory Act of the 101st General Assembly of:
$50,000 for each closed CCR surface impoundment;
and
$75,000 for each CCR surface impoundment that have
not completed closure.
(2) Annual fees to the Agency, beginning on July 1,
2020, of:
$25,000 for each CCR surface impoundment that has
not completed closure; and
$15,000 for each CCR surface impoundment that has
completed closure, but has not completed post-closure
care.
(k) All fees collected by the Agency under subsection (j)

shall be deposited into the Environmental Protection Permit
and Inspection Fund.
(l) The Coal Combustion Residual Surface Impoundment
Financial Assurance Fund is created as a special fund in the
State treasury. Any moneys forfeited to the State of Illinois
from any performance bond or other security required under
this Section shall be placed in the Coal Combustion Residual
Surface Impoundment Financial Assurance Fund and shall, upon
approval by the Governor and the Director, be used by the
Agency for the purposes for which such performance bond or
other security was issued. The Coal Combustion Residual
Surface Impoundment Financial Assurance Fund is not subject to
the provisions of subsection (c) of Section 5 of the State
Finance Act.
(m) The provisions of this Section shall apply, without
limitation, to all existing CCR surface impoundments and any
CCR surface impoundments constructed after July 30, 2019 (the
effective date of Public Act 101-171) this amendatory Act of
the 101st General Assembly, except to the extent prohibited by
the Illinois or United States Constitutions.
(Source: P.A. 101-171, eff. 7-30-19; revised 10-22-19.)
(415 ILCS 5/22.60)
(For Section repeal see subsection (e))
Sec. 22.60 22.59. Pilot project for Will County and Grundy
County pyrolysis or gasification facility.

(a) As used in this Section:
"Plastics" means polystyrene or any other synthetic
organic polymer that can be molded into shape under heat and
pressure and then set into a rigid or slightly elastic form.
"Plastics gasification facility" means a manufacturing
facility that:
(1) receives only uncontaminated plastics that have
been processed prior to receipt at the facility into a
feedstock meeting the facility's specifications for a
gasification feedstock; and
(2) uses heat in an oxygen-deficient atmosphere to
process the feedstock into fuels, chemicals, or chemical
feedstocks that are returned to the economic mainstream in
the form of raw materials or products.
"Plastics pyrolysis facility" means a manufacturing
facility that:
(1) receives only uncontaminated plastics that have
been processed prior to receipt at the facility into a
feedstock meeting the facility's specifications for a
pyrolysis feedstock; and
(2) uses heat in the absence of oxygen to process the
uncontaminated plastics into fuels, chemicals, or chemical
feedstocks that are returned to the economic mainstream in
the form of raw materials or products.
(b) Provided that permitting and construction has
commenced prior to July 1, 2025, a pilot project allowing for a

pyrolysis or gasification facility in accordance with this
Section is permitted for a locally zoned and approved site in
either Will County or Grundy County.
(c) To the extent allowed by federal law, uncontaminated
plastics that have been processed into a feedstock meeting
feedstock specifications for a plastics gasification facility
or plastics pyrolysis facility, and that are further processed
by such a facility and returned to the economic mainstream in
the form of raw materials or products, are considered recycled
and are not subject to regulation as waste.
(d) The Agency may propose to the Board for adoption, and
the Board may adopt, rules establishing standards for
materials accepted as feedstocks by plastics gasification
facilities and plastics pyrolysis facilities, rules
establishing standards for the management of feedstocks at
plastics gasification facilities and plastics pyrolysis
facilities, and any other rules, as may be necessary to
implement and administer this Section.
(e) If permitting and construction for the pilot project
under subsection (b) has not commenced by July 1, 2025, this
Section is repealed.
(Source: P.A. 101-141, eff. 7-1-20; revised 8-4-20.)
(415 ILCS 5/22.61)
Sec. 22.61 22.59. Regulation of bisphenol A in business
transaction paper.

(a) For purposes of this Section, "thermal paper" means
paper with bisphenol A added to the coating.
(b) Beginning January 1, 2020, no person shall
manufacture, for sale in this State, thermal paper.
(c) No person shall distribute or use any thermal paper
for the making of business or banking records, including, but
not limited to, records of receipts, credits, withdrawals,
deposits, or credit or debit card transactions. This
subsection shall not apply to thermal paper that was
manufactured prior to January 1, 2020.
(d) The prohibition in subsections (a) and (b) shall not
apply to paper containing recycled material.
(Source: P.A. 101-457, eff. 8-23-19; revised 10-22-19.)
(415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
Sec. 39. Issuance of permits; procedures.
(a) When the Board has by regulation required a permit for
the construction, installation, or operation of any type of
facility, equipment, vehicle, vessel, or aircraft, the
applicant shall apply to the Agency for such permit and it
shall be the duty of the Agency to issue such a permit upon
proof by the applicant that the facility, equipment, vehicle,
vessel, or aircraft will not cause a violation of this Act or
of regulations hereunder. The Agency shall adopt such
procedures as are necessary to carry out its duties under this
Section. In making its determinations on permit applications

under this Section the Agency may consider prior adjudications
of noncompliance with this Act by the applicant that involved
a release of a contaminant into the environment. In granting
permits, the Agency may impose reasonable conditions
specifically related to the applicant's past compliance
history with this Act as necessary to correct, detect, or
prevent noncompliance. The Agency may impose such other
conditions as may be necessary to accomplish the purposes of
this Act, and as are not inconsistent with the regulations
promulgated by the Board hereunder. Except as otherwise
provided in this Act, a bond or other security shall not be
required as a condition for the issuance of a permit. If the
Agency denies any permit under this Section, the Agency shall
transmit to the applicant within the time limitations of this
Section specific, detailed statements as to the reasons the
permit application was denied. Such statements shall include,
but not be limited to the following:
(i) the Sections of this Act which may be violated if
the permit were granted;
(ii) the provision of the regulations, promulgated
under this Act, which may be violated if the permit were
granted;
(iii) the specific type of information, if any, which
the Agency deems the applicant did not provide the Agency;
and
(iv) a statement of specific reasons why the Act and

the regulations might not be met if the permit were
granted.
If there is no final action by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued; except that this time period shall
be extended to 180 days when (1) notice and opportunity for
public hearing are required by State or federal law or
regulation, (2) the application which was filed is for any
permit to develop a landfill subject to issuance pursuant to
this subsection, or (3) the application that was filed is for a
MSWLF unit required to issue public notice under subsection
(p) of Section 39. The 90-day and 180-day time periods for the
Agency to take final action do not apply to NPDES permit
applications under subsection (b) of this Section, to RCRA
permit applications under subsection (d) of this Section, to
UIC permit applications under subsection (e) of this Section,
or to CCR surface impoundment applications under subsection
(y) of this Section.
The Agency shall publish notice of all final permit
determinations for development permits for MSWLF units and for
significant permit modifications for lateral expansions for
existing MSWLF units one time in a newspaper of general
circulation in the county in which the unit is or is proposed
to be located.
After January 1, 1994 and until July 1, 1998, operating
permits issued under this Section by the Agency for sources of

air pollution permitted to emit less than 25 tons per year of
any combination of regulated air pollutants, as defined in
Section 39.5 of this Act, shall be required to be renewed only
upon written request by the Agency consistent with applicable
provisions of this Act and regulations promulgated hereunder.
Such operating permits shall expire 180 days after the date of
such a request. The Board shall revise its regulations for the
existing State air pollution operating permit program
consistent with this provision by January 1, 1994.
After June 30, 1998, operating permits issued under this
Section by the Agency for sources of air pollution that are not
subject to Section 39.5 of this Act and are not required to
have a federally enforceable State operating permit shall be
required to be renewed only upon written request by the Agency
consistent with applicable provisions of this Act and its
rules. Such operating permits shall expire 180 days after the
date of such a request. Before July 1, 1998, the Board shall
revise its rules for the existing State air pollution
operating permit program consistent with this paragraph and
shall adopt rules that require a source to demonstrate that it
qualifies for a permit under this paragraph.
(b) The Agency may issue NPDES permits exclusively under
this subsection for the discharge of contaminants from point
sources into navigable waters, all as defined in the Federal
Water Pollution Control Act, as now or hereafter amended,
within the jurisdiction of the State, or into any well.

All NPDES permits shall contain those terms and
conditions, including, but not limited to, schedules of
compliance, which may be required to accomplish the purposes
and provisions of this Act.
The Agency may issue general NPDES permits for discharges
from categories of point sources which are subject to the same
permit limitations and conditions. Such general permits may be
issued without individual applications and shall conform to
regulations promulgated under Section 402 of the Federal Water
Pollution Control Act, as now or hereafter amended.
The Agency may include, among such conditions, effluent
limitations and other requirements established under this Act,
Board regulations, the Federal Water Pollution Control Act, as
now or hereafter amended, and regulations pursuant thereto,
and schedules for achieving compliance therewith at the
earliest reasonable date.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of NPDES
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Federal Water Pollution
Control Act, as now or hereafter amended, and regulations
pursuant thereto.
The Agency, subject to any conditions which may be
prescribed by Board regulations, may issue NPDES permits to
allow discharges beyond deadlines established by this Act or
by regulations of the Board without the requirement of a

variance, subject to the Federal Water Pollution Control Act,
as now or hereafter amended, and regulations pursuant thereto.
(c) Except for those facilities owned or operated by
sanitary districts organized under the Metropolitan Water
Reclamation District Act, no permit for the development or
construction of a new pollution control facility may be
granted by the Agency unless the applicant submits proof to
the Agency that the location of the facility has been approved
by the county board County Board of the county if in an
unincorporated area, or the governing body of the municipality
when in an incorporated area, in which the facility is to be
located in accordance with Section 39.2 of this Act. For
purposes of this subsection (c), and for purposes of Section
39.2 of this Act, the appropriate county board or governing
body of the municipality shall be the county board of the
county or the governing body of the municipality in which the
facility is to be located as of the date when the application
for siting approval is filed.
In the event that siting approval granted pursuant to
Section 39.2 has been transferred to a subsequent owner or
operator, that subsequent owner or operator may apply to the
Agency for, and the Agency may grant, a development or
construction permit for the facility for which local siting
approval was granted. Upon application to the Agency for a
development or construction permit by that subsequent owner or
operator, the permit applicant shall cause written notice of

the permit application to be served upon the appropriate
county board or governing body of the municipality that
granted siting approval for that facility and upon any party
to the siting proceeding pursuant to which siting approval was
granted. In that event, the Agency shall conduct an evaluation
of the subsequent owner or operator's prior experience in
waste management operations in the manner conducted under
subsection (i) of Section 39 of this Act.
Beginning August 20, 1993, if the pollution control
facility consists of a hazardous or solid waste disposal
facility for which the proposed site is located in an
unincorporated area of a county with a population of less than
100,000 and includes all or a portion of a parcel of land that
was, on April 1, 1993, adjacent to a municipality having a
population of less than 5,000, then the local siting review
required under this subsection (c) in conjunction with any
permit applied for after that date shall be performed by the
governing body of that adjacent municipality rather than the
county board of the county in which the proposed site is
located; and for the purposes of that local siting review, any
references in this Act to the county board shall be deemed to
mean the governing body of that adjacent municipality;
provided, however, that the provisions of this paragraph shall
not apply to any proposed site which was, on April 1, 1993,
owned in whole or in part by another municipality.
In the case of a pollution control facility for which a

development permit was issued before November 12, 1981, if an
operating permit has not been issued by the Agency prior to
August 31, 1989 for any portion of the facility, then the
Agency may not issue or renew any development permit nor issue
an original operating permit for any portion of such facility
unless the applicant has submitted proof to the Agency that
the location of the facility has been approved by the
appropriate county board or municipal governing body pursuant
to Section 39.2 of this Act.
After January 1, 1994, if a solid waste disposal facility,
any portion for which an operating permit has been issued by
the Agency, has not accepted waste disposal for 5 or more
consecutive calendar calendars years, before that facility may
accept any new or additional waste for disposal, the owner and
operator must obtain a new operating permit under this Act for
that facility unless the owner and operator have applied to
the Agency for a permit authorizing the temporary suspension
of waste acceptance. The Agency may not issue a new operation
permit under this Act for the facility unless the applicant
has submitted proof to the Agency that the location of the
facility has been approved or re-approved by the appropriate
county board or municipal governing body under Section 39.2 of
this Act after the facility ceased accepting waste.
Except for those facilities owned or operated by sanitary
districts organized under the Metropolitan Water Reclamation
District Act, and except for new pollution control facilities

governed by Section 39.2, and except for fossil fuel mining
facilities, the granting of a permit under this Act shall not
relieve the applicant from meeting and securing all necessary
zoning approvals from the unit of government having zoning
jurisdiction over the proposed facility.
Before beginning construction on any new sewage treatment
plant or sludge drying site to be owned or operated by a
sanitary district organized under the Metropolitan Water
Reclamation District Act for which a new permit (rather than
the renewal or amendment of an existing permit) is required,
such sanitary district shall hold a public hearing within the
municipality within which the proposed facility is to be
located, or within the nearest community if the proposed
facility is to be located within an unincorporated area, at
which information concerning the proposed facility shall be
made available to the public, and members of the public shall
be given the opportunity to express their views concerning the
proposed facility.
The Agency may issue a permit for a municipal waste
transfer station without requiring approval pursuant to
Section 39.2 provided that the following demonstration is
made:
(1) the municipal waste transfer station was in
existence on or before January 1, 1979 and was in
continuous operation from January 1, 1979 to January 1,
1993;

(2) the operator submitted a permit application to the
Agency to develop and operate the municipal waste transfer
station during April of 1994;
(3) the operator can demonstrate that the county board
of the county, if the municipal waste transfer station is
in an unincorporated area, or the governing body of the
municipality, if the station is in an incorporated area,
does not object to resumption of the operation of the
station; and
(4) the site has local zoning approval.
(d) The Agency may issue RCRA permits exclusively under
this subsection to persons owning or operating a facility for
the treatment, storage, or disposal of hazardous waste as
defined under this Act. Subsection (y) of this Section, rather
than this subsection (d), shall apply to permits issued for
CCR surface impoundments.
All RCRA permits shall contain those terms and conditions,
including, but not limited to, schedules of compliance, which
may be required to accomplish the purposes and provisions of
this Act. The Agency may include among such conditions
standards and other requirements established under this Act,
Board regulations, the Resource Conservation and Recovery Act
of 1976 (P.L. 94-580), as amended, and regulations pursuant
thereto, and may include schedules for achieving compliance
therewith as soon as possible. The Agency shall require that a
performance bond or other security be provided as a condition

for the issuance of a RCRA permit.
In the case of a permit to operate a hazardous waste or PCB
incinerator as defined in subsection (k) of Section 44, the
Agency shall require, as a condition of the permit, that the
operator of the facility perform such analyses of the waste to
be incinerated as may be necessary and appropriate to ensure
the safe operation of the incinerator.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of RCRA
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Resource Conservation and
Recovery Act of 1976 (P.L. 94-580), as amended, and
regulations pursuant thereto.
The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, at the office of the county board or governing
body of the municipality. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office. The Agency shall issue a
written statement concurrent with its grant or denial of the
permit explaining the basis for its decision.
(e) The Agency may issue UIC permits exclusively under
this subsection to persons owning or operating a facility for
the underground injection of contaminants as defined under
this Act.

All UIC permits shall contain those terms and conditions,
including, but not limited to, schedules of compliance, which
may be required to accomplish the purposes and provisions of
this Act. The Agency may include among such conditions
standards and other requirements established under this Act,
Board regulations, the Safe Drinking Water Act (P.L. 93-523),
as amended, and regulations pursuant thereto, and may include
schedules for achieving compliance therewith. The Agency shall
require that a performance bond or other security be provided
as a condition for the issuance of a UIC permit.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of UIC
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Safe Drinking Water Act
(P.L. 93-523), as amended, and regulations pursuant thereto.
The applicant shall make available to the public for
inspection, all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, at the office of the county board or governing
body of the municipality. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office. The Agency shall issue a
written statement concurrent with its grant or denial of the
permit explaining the basis for its decision.
(f) In making any determination pursuant to Section 9.1 of
this Act:

(1) The Agency shall have authority to make the
determination of any question required to be determined by
the Clean Air Act, as now or hereafter amended, this Act,
or the regulations of the Board, including the
determination of the Lowest Achievable Emission Rate,
Maximum Achievable Control Technology, or Best Available
Control Technology, consistent with the Board's
regulations, if any.
(2) The Agency shall adopt requirements as necessary
to implement public participation procedures, including,
but not limited to, public notice, comment, and an
opportunity for hearing, which must accompany the
processing of applications for PSD permits. The Agency
shall briefly describe and respond to all significant
comments on the draft permit raised during the public
comment period or during any hearing. The Agency may group
related comments together and provide one unified response
for each issue raised.
(3) Any complete permit application submitted to the
Agency under this subsection for a PSD permit shall be
granted or denied by the Agency not later than one year
after the filing of such completed application.
(4) The Agency shall, after conferring with the
applicant, give written notice to the applicant of its
proposed decision on the application, including the terms
and conditions of the permit to be issued and the facts,

conduct, or other basis upon which the Agency will rely to
support its proposed action.
(g) The Agency shall include as conditions upon all
permits issued for hazardous waste disposal sites such
restrictions upon the future use of such sites as are
reasonably necessary to protect public health and the
environment, including permanent prohibition of the use of
such sites for purposes which may create an unreasonable risk
of injury to human health or to the environment. After
administrative and judicial challenges to such restrictions
have been exhausted, the Agency shall file such restrictions
of record in the Office of the Recorder of the county in which
the hazardous waste disposal site is located.
(h) A hazardous waste stream may not be deposited in a
permitted hazardous waste site unless specific authorization
is obtained from the Agency by the generator and disposal site
owner and operator for the deposit of that specific hazardous
waste stream. The Agency may grant specific authorization for
disposal of hazardous waste streams only after the generator
has reasonably demonstrated that, considering technological
feasibility and economic reasonableness, the hazardous waste
cannot be reasonably recycled for reuse, nor incinerated or
chemically, physically or biologically treated so as to
neutralize the hazardous waste and render it nonhazardous. In
granting authorization under this Section, the Agency may
impose such conditions as may be necessary to accomplish the

purposes of the Act and are consistent with this Act and
regulations promulgated by the Board hereunder. If the Agency
refuses to grant authorization under this Section, the
applicant may appeal as if the Agency refused to grant a
permit, pursuant to the provisions of subsection (a) of
Section 40 of this Act. For purposes of this subsection (h),
the term "generator" has the meaning given in Section 3.205 of
this Act, unless: (1) the hazardous waste is treated,
incinerated, or partially recycled for reuse prior to
disposal, in which case the last person who treats,
incinerates, or partially recycles the hazardous waste prior
to disposal is the generator; or (2) the hazardous waste is
from a response action, in which case the person performing
the response action is the generator. This subsection (h) does
not apply to any hazardous waste that is restricted from land
disposal under 35 Ill. Adm. Code 728.
(i) Before issuing any RCRA permit, any permit for a waste
storage site, sanitary landfill, waste disposal site, waste
transfer station, waste treatment facility, waste incinerator,
or any waste-transportation operation, any permit or interim
authorization for a clean construction or demolition debris
fill operation, or any permit required under subsection (d-5)
of Section 55, the Agency shall conduct an evaluation of the
prospective owner's or operator's prior experience in waste
management operations, clean construction or demolition debris
fill operations, and tire storage site management. The Agency

may deny such a permit, or deny or revoke interim
authorization, if the prospective owner or operator or any
employee or officer of the prospective owner or operator has a
history of:
(1) repeated violations of federal, State, or local
laws, regulations, standards, or ordinances in the
operation of waste management facilities or sites, clean
construction or demolition debris fill operation
facilities or sites, or tire storage sites; or
(2) conviction in this or another State of any crime
which is a felony under the laws of this State, or
conviction of a felony in a federal court; or conviction
in this or another state or federal court of any of the
following crimes: forgery, official misconduct, bribery,
perjury, or knowingly submitting false information under
any environmental law, regulation, or permit term or
condition; or
(3) proof of gross carelessness or incompetence in
handling, storing, processing, transporting or disposing
of waste, clean construction or demolition debris, or used
or waste tires, or proof of gross carelessness or
incompetence in using clean construction or demolition
debris as fill.
(i-5) Before issuing any permit or approving any interim
authorization for a clean construction or demolition debris
fill operation in which any ownership interest is transferred

between January 1, 2005, and the effective date of the
prohibition set forth in Section 22.52 of this Act, the Agency
shall conduct an evaluation of the operation if any previous
activities at the site or facility may have caused or allowed
contamination of the site. It shall be the responsibility of
the owner or operator seeking the permit or interim
authorization to provide to the Agency all of the information
necessary for the Agency to conduct its evaluation. The Agency
may deny a permit or interim authorization if previous
activities at the site may have caused or allowed
contamination at the site, unless such contamination is
authorized under any permit issued by the Agency.
(j) The issuance under this Act of a permit to engage in
the surface mining of any resources other than fossil fuels
shall not relieve the permittee from its duty to comply with
any applicable local law regulating the commencement, location
or operation of surface mining facilities.
(k) A development permit issued under subsection (a) of
Section 39 for any facility or site which is required to have a
permit under subsection (d) of Section 21 shall expire at the
end of 2 calendar years from the date upon which it was issued,
unless within that period the applicant has taken action to
develop the facility or the site. In the event that review of
the conditions of the development permit is sought pursuant to
Section 40 or 41, or permittee is prevented from commencing
development of the facility or site by any other litigation

beyond the permittee's control, such two-year period shall be
deemed to begin on the date upon which such review process or
litigation is concluded.
(l) No permit shall be issued by the Agency under this Act
for construction or operation of any facility or site located
within the boundaries of any setback zone established pursuant
to this Act, where such construction or operation is
prohibited.
(m) The Agency may issue permits to persons owning or
operating a facility for composting landscape waste. In
granting such permits, the Agency may impose such conditions
as may be necessary to accomplish the purposes of this Act, and
as are not inconsistent with applicable regulations
promulgated by the Board. Except as otherwise provided in this
Act, a bond or other security shall not be required as a
condition for the issuance of a permit. If the Agency denies
any permit pursuant to this subsection, the Agency shall
transmit to the applicant within the time limitations of this
subsection specific, detailed statements as to the reasons the
permit application was denied. Such statements shall include
but not be limited to the following:
(1) the Sections of this Act that may be violated if
the permit were granted;
(2) the specific regulations promulgated pursuant to
this Act that may be violated if the permit were granted;
(3) the specific information, if any, the Agency deems

the applicant did not provide in its application to the
Agency; and
(4) a statement of specific reasons why the Act and
the regulations might be violated if the permit were
granted.
If no final action is taken by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued. Any applicant for a permit may
waive the 90-day limitation by filing a written statement with
the Agency.
The Agency shall issue permits for such facilities upon
receipt of an application that includes a legal description of
the site, a topographic map of the site drawn to the scale of
200 feet to the inch or larger, a description of the operation,
including the area served, an estimate of the volume of
materials to be processed, and documentation that:
(1) the facility includes a setback of at least 200
feet from the nearest potable water supply well;
(2) the facility is located outside the boundary of
the 10-year floodplain or the site will be floodproofed;
(3) the facility is located so as to minimize
incompatibility with the character of the surrounding
area, including at least a 200 foot setback from any
residence, and in the case of a facility that is developed
or the permitted composting area of which is expanded
after November 17, 1991, the composting area is located at

least 1/8 mile from the nearest residence (other than a
residence located on the same property as the facility);
(4) the design of the facility will prevent any
compost material from being placed within 5 feet of the
water table, will adequately control runoff from the site,
and will collect and manage any leachate that is generated
on the site;
(5) the operation of the facility will include
appropriate dust and odor control measures, limitations on
operating hours, appropriate noise control measures for
shredding, chipping and similar equipment, management
procedures for composting, containment and disposal of
non-compostable wastes, procedures to be used for
terminating operations at the site, and recordkeeping
sufficient to document the amount of materials received,
composted and otherwise disposed of; and
(6) the operation will be conducted in accordance with
any applicable rules adopted by the Board.
The Agency shall issue renewable permits of not longer
than 10 years in duration for the composting of landscape
wastes, as defined in Section 3.155 of this Act, based on the
above requirements.
The operator of any facility permitted under this
subsection (m) must submit a written annual statement to the
Agency on or before April 1 of each year that includes an
estimate of the amount of material, in tons, received for

composting.
(n) The Agency shall issue permits jointly with the
Department of Transportation for the dredging or deposit of
material in Lake Michigan in accordance with Section 18 of the
Rivers, Lakes, and Streams Act.
(o) (Blank.)
(p) (1) Any person submitting an application for a permit
for a new MSWLF unit or for a lateral expansion under
subsection (t) of Section 21 of this Act for an existing MSWLF
unit that has not received and is not subject to local siting
approval under Section 39.2 of this Act shall publish notice
of the application in a newspaper of general circulation in
the county in which the MSWLF unit is or is proposed to be
located. The notice must be published at least 15 days before
submission of the permit application to the Agency. The notice
shall state the name and address of the applicant, the
location of the MSWLF unit or proposed MSWLF unit, the nature
and size of the MSWLF unit or proposed MSWLF unit, the nature
of the activity proposed, the probable life of the proposed
activity, the date the permit application will be submitted,
and a statement that persons may file written comments with
the Agency concerning the permit application within 30 days
after the filing of the permit application unless the time
period to submit comments is extended by the Agency.
When a permit applicant submits information to the Agency
to supplement a permit application being reviewed by the

Agency, the applicant shall not be required to reissue the
notice under this subsection.
(2) The Agency shall accept written comments concerning
the permit application that are postmarked no later than 30
days after the filing of the permit application, unless the
time period to accept comments is extended by the Agency.
(3) Each applicant for a permit described in part (1) of
this subsection shall file a copy of the permit application
with the county board or governing body of the municipality in
which the MSWLF unit is or is proposed to be located at the
same time the application is submitted to the Agency. The
permit application filed with the county board or governing
body of the municipality shall include all documents submitted
to or to be submitted to the Agency, except trade secrets as
determined under Section 7.1 of this Act. The permit
application and other documents on file with the county board
or governing body of the municipality shall be made available
for public inspection during regular business hours at the
office of the county board or the governing body of the
municipality and may be copied upon payment of the actual cost
of reproduction.
(q) Within 6 months after July 12, 2011 (the effective
date of Public Act 97-95), the Agency, in consultation with
the regulated community, shall develop a web portal to be
posted on its website for the purpose of enhancing review and
promoting timely issuance of permits required by this Act. At

a minimum, the Agency shall make the following information
available on the web portal:
(1) Checklists and guidance relating to the completion
of permit applications, developed pursuant to subsection
(s) of this Section, which may include, but are not
limited to, existing instructions for completing the
applications and examples of complete applications. As the
Agency develops new checklists and develops guidance, it
shall supplement the web portal with those materials.
(2) Within 2 years after July 12, 2011 (the effective
date of Public Act 97-95), permit application forms or
portions of permit applications that can be completed and
saved electronically, and submitted to the Agency
electronically with digital signatures.
(3) Within 2 years after July 12, 2011 (the effective
date of Public Act 97-95), an online tracking system where
an applicant may review the status of its pending
application, including the name and contact information of
the permit analyst assigned to the application. Until the
online tracking system has been developed, the Agency
shall post on its website semi-annual permitting
efficiency tracking reports that include statistics on the
timeframes for Agency action on the following types of
permits received after July 12, 2011 (the effective date
of Public Act 97-95): air construction permits, new NPDES
permits and associated water construction permits, and

modifications of major NPDES permits and associated water
construction permits. The reports must be posted by
February 1 and August 1 each year and shall include:
(A) the number of applications received for each
type of permit, the number of applications on which
the Agency has taken action, and the number of
applications still pending; and
(B) for those applications where the Agency has
not taken action in accordance with the timeframes set
forth in this Act, the date the application was
received and the reasons for any delays, which may
include, but shall not be limited to, (i) the
application being inadequate or incomplete, (ii)
scientific or technical disagreements with the
applicant, USEPA, or other local, state, or federal
agencies involved in the permitting approval process,
(iii) public opposition to the permit, or (iv) Agency
staffing shortages. To the extent practicable, the
tracking report shall provide approximate dates when
cause for delay was identified by the Agency, when the
Agency informed the applicant of the problem leading
to the delay, and when the applicant remedied the
reason for the delay.
(r) Upon the request of the applicant, the Agency shall
notify the applicant of the permit analyst assigned to the
application upon its receipt.

(s) The Agency is authorized to prepare and distribute
guidance documents relating to its administration of this
Section and procedural rules implementing this Section.
Guidance documents prepared under this subsection shall not be
considered rules and shall not be subject to the Illinois
Administrative Procedure Act. Such guidance shall not be
binding on any party.
(t) Except as otherwise prohibited by federal law or
regulation, any person submitting an application for a permit
may include with the application suggested permit language for
Agency consideration. The Agency is not obligated to use the
suggested language or any portion thereof in its permitting
decision. If requested by the permit applicant, the Agency
shall meet with the applicant to discuss the suggested
language.
(u) If requested by the permit applicant, the Agency shall
provide the permit applicant with a copy of the draft permit
prior to any public review period.
(v) If requested by the permit applicant, the Agency shall
provide the permit applicant with a copy of the final permit
prior to its issuance.
(w) An air pollution permit shall not be required due to
emissions of greenhouse gases, as specified by Section 9.15 of
this Act.
(x) If, before the expiration of a State operating permit
that is issued pursuant to subsection (a) of this Section and

contains federally enforceable conditions limiting the
potential to emit of the source to a level below the major
source threshold for that source so as to exclude the source
from the Clean Air Act Permit Program, the Agency receives a
complete application for the renewal of that permit, then all
of the terms and conditions of the permit shall remain in
effect until final administrative action has been taken on the
application for the renewal of the permit.
(y) The Agency may issue permits exclusively under this
subsection to persons owning or operating a CCR surface
impoundment subject to Section 22.59.
All CCR surface impoundment permits shall contain those
terms and conditions, including, but not limited to, schedules
of compliance, which may be required to accomplish the
purposes and provisions of this Act, Board regulations, the
Illinois Groundwater Protection Act and regulations pursuant
thereto, and the Resource Conservation and Recovery Act and
regulations pursuant thereto, and may include schedules for
achieving compliance therewith as soon as possible.
The Board shall adopt filing requirements and procedures
that are necessary and appropriate for the issuance of CCR
surface impoundment permits and that are consistent with this
Act or regulations adopted by the Board, and with the RCRA, as
amended, and regulations pursuant thereto.
The applicant shall make available to the public for
inspection all documents submitted by the applicant to the

Agency in furtherance of an application, with the exception of
trade secrets, on its public internet website as well as at the
office of the county board or governing body of the
municipality where CCR from the CCR surface impoundment will
be permanently disposed. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office.
The Agency shall issue a written statement concurrent with
its grant or denial of the permit explaining the basis for its
decision.
(Source: P.A. 101-171, eff. 7-30-19; revised 9-12-19.)
(415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
Sec. 40. Appeal of permit denial.
(a)(1) If the Agency refuses to grant or grants with
conditions a permit under Section 39 of this Act, the
applicant may, within 35 days after the date on which the
Agency served its decision on the applicant, petition for a
hearing before the Board to contest the decision of the
Agency. However, the 35-day period for petitioning for a
hearing may be extended for an additional period of time not to
exceed 90 days by written notice provided to the Board from the
applicant and the Agency within the initial appeal period. The
Board shall give 21 days' notice to any person in the county
where is located the facility in issue who has requested
notice of enforcement proceedings and to each member of the

General Assembly in whose legislative district that
installation or property is located; and shall publish that
21-day notice in a newspaper of general circulation in that
county. The Agency shall appear as respondent in such hearing.
At such hearing the rules prescribed in Section 32 and
subsection (a) of Section 33 of this Act shall apply, and the
burden of proof shall be on the petitioner. If, however, the
Agency issues an NPDES permit that imposes limits which are
based upon a criterion or denies a permit based upon
application of a criterion, then the Agency shall have the
burden of going forward with the basis for the derivation of
those limits or criterion which were derived under the Board's
rules.
(2) Except as provided in paragraph (a)(3), if there is no
final action by the Board within 120 days after the date on
which it received the petition, the petitioner may deem the
permit issued under this Act, provided, however, that that
period of 120 days shall not run for any period of time, not to
exceed 30 days, during which the Board is without sufficient
membership to constitute the quorum required by subsection (a)
of Section 5 of this Act, and provided further that such 120
day period shall not be stayed for lack of quorum beyond 30
days regardless of whether the lack of quorum exists at the
beginning of such 120-day period or occurs during the running
of such 120-day period.
(3) Paragraph (a)(2) shall not apply to any permit which

is subject to subsection (b), (d) or (e) of Section 39. If
there is no final action by the Board within 120 days after the
date on which it received the petition, the petitioner shall
be entitled to an Appellate Court order pursuant to subsection
(d) of Section 41 of this Act.
(b) If the Agency grants a RCRA permit for a hazardous
waste disposal site, a third party, other than the permit
applicant or Agency, may, within 35 days after the date on
which the Agency issued its decision, petition the Board for a
hearing to contest the issuance of the permit. Unless the
Board determines that such petition is duplicative or
frivolous, or that the petitioner is so located as to not be
affected by the permitted facility, the Board shall hear the
petition in accordance with the terms of subsection (a) of
this Section and its procedural rules governing denial
appeals, such hearing to be based exclusively on the record
before the Agency. The burden of proof shall be on the
petitioner. The Agency and the permit applicant shall be named
co-respondents.
The provisions of this subsection do not apply to the
granting of permits issued for the disposal or utilization of
sludge from publicly owned publicly-owned sewage works.
(c) Any party to an Agency proceeding conducted pursuant
to Section 39.3 of this Act may petition as of right to the
Board for review of the Agency's decision within 35 days from
the date of issuance of the Agency's decision, provided that

such appeal is not duplicative or frivolous. However, the
35-day period for petitioning for a hearing may be extended by
the applicant for a period of time not to exceed 90 days by
written notice provided to the Board from the applicant and
the Agency within the initial appeal period. If another person
with standing to appeal wishes to obtain an extension, there
must be a written notice provided to the Board by that person,
the Agency, and the applicant, within the initial appeal
period. The decision of the Board shall be based exclusively
on the record compiled in the Agency proceeding. In other
respects the Board's review shall be conducted in accordance
with subsection (a) of this Section and the Board's procedural
rules governing permit denial appeals.
(d) In reviewing the denial or any condition of a NA NSR
permit issued by the Agency pursuant to rules and regulations
adopted under subsection (c) of Section 9.1 of this Act, the
decision of the Board shall be based exclusively on the record
before the Agency including the record of the hearing, if any,
unless the parties agree to supplement the record. The Board
shall, if it finds the Agency is in error, make a final
determination as to the substantive limitations of the permit
including a final determination of Lowest Achievable Emission
Rate.
(e)(1) If the Agency grants or denies a permit under
subsection (b) of Section 39 of this Act, a third party, other
than the permit applicant or Agency, may petition the Board

within 35 days from the date of issuance of the Agency's
decision, for a hearing to contest the decision of the Agency.
(2) A petitioner shall include the following within a
petition submitted under subdivision (1) of this subsection:
(A) a demonstration that the petitioner raised the
issues contained within the petition during the public
notice period or during the public hearing on the NPDES
permit application, if a public hearing was held; and
(B) a demonstration that the petitioner is so situated
as to be affected by the permitted facility.
(3) If the Board determines that the petition is not
duplicative or frivolous and contains a satisfactory
demonstration under subdivision (2) of this subsection, the
Board shall hear the petition (i) in accordance with the terms
of subsection (a) of this Section and its procedural rules
governing permit denial appeals and (ii) exclusively on the
basis of the record before the Agency. The burden of proof
shall be on the petitioner. The Agency and permit applicant
shall be named co-respondents.
(f) Any person who files a petition to contest the
issuance of a permit by the Agency shall pay a filing fee.
(g) If the Agency grants or denies a permit under
subsection (y) of Section 39, a third party, other than the
permit applicant or Agency, may appeal the Agency's decision
as provided under federal law for CCR surface impoundment
permits.

(Source: P.A. 100-201, eff. 8-18-17; 101-171, eff. 7-30-19;
revised 9-12-19.)
Section 650. The Illinois Pesticide Act is amended by
changing Sections 5 and 24.1 as follows:
(415 ILCS 60/5) (from Ch. 5, par. 805)
Sec. 5. Misbranded. : The term misbranded shall apply:
1. To any pesticide or device designated as requiring
registration by the Director under authority of this Act: ;
A. If its labeling bears any statement or graphic
representation relating to labeling or to the
ingredients which is misleading or false in any
particular.
B. If it is an imitation of, or is distributed
under, the name of another pesticide.
C. If any word, statement, or other required
information is not prominently placed upon the label
or labeled with such conspicuousness and in such terms
as to render it readable and understandable by the
ordinary person under customary conditions of purchase
and use.
2. To any pesticide: ;
A. If the labeling does not contain a statement of
the federal Federal use classification under which the
product is registered.

B. If the labeling accompanying it does not
contain directions for use which are necessary for
effecting the purpose for which the product is
intended and any precautions or requirements imposed
by FIFRA which, if complied with, are adequate to
protect health and the environment.
C. If the label does not bear: ;
i. Name, brand or trademark under which the
pesticide is distributed.
ii. An ingredient statement on that part of
the immediate container which is presented or
customarily displayed under usual conditions of
purchase.
iii. A warning or caution statement
commensurate with the toxicity categories levels
assigned by USEPA.
iv. The net weight or measure of contents.
v. The name and address of the manufacturer,
registrant, or person for whom manufactured.
vi. The USEPA registration number assigned to
the pesticide as well as the USEPA number assigned
to the producing or manufacturing establishment in
which the pesticide was produced.
D. If the pesticide contains any substance or
substances highly toxic to man (as defined in the
USEPA) unless the label bears, in addition to other

label requirements: ;
i. The skull and crossbones.
ii. The word "POISON" in red prominently
displayed on a contrasting background.
iii. A statement of practical treatment in
case of poisoning by the pesticide.
E. If the pesticide container does not bear a
registered label, is not accompanied by registered
labeling instructions, does not bear a label
registered for "experimental use only", or does not
bear a label showing SLN registration.
F. If the pesticide container is not in compliance
with child resistant packaging requirements as set
forth by the USEPA.
(Source: P.A. 85-177; revised 7-16-19.)
(415 ILCS 60/24.1) (from Ch. 5, par. 824.1)
Sec. 24.1. Administrative actions and penalties.
(1) The Director is authorized after an opportunity for an
administrative hearing to suspend, revoke, or modify any
license, permit, special order, registration, or certification
issued under this Act. This action may be taken in addition to
or in lieu of monetary penalties assessed as set forth in this
Section. When it is in the interest of the people of the State
of Illinois, the Director may, upon good and sufficient
evidence, suspend the registration, license, or permit until a

hearing has been held. In such cases, the Director shall issue
an order in writing setting forth the reasons for the
suspension. Such order shall be served personally on the
person or by registered or certified mail sent to the person's
business address as shown in the latest notification to the
Department. When such an order has been issued by the
Director, the person may request an immediate hearing.
(2) Before initiating hearing proceedings, the Director
may issue an advisory letter to a violator of this Act or its
rules and regulations when the violation points total 6 or
less, as determined by the Department by the Use and Violation
Criteria established in this Section. When the Department
determines that the violation points total more than 6 but not
more than 13, the Director shall issue a warning letter to the
violator.
(3) The hearing officer upon determination of a violation
or violations shall assess one or more of the following
penalties:
(A) For any person applying pesticides without a
license or misrepresenting certification or failing to
comply with conditions of an agrichemical facility permit
or failing to comply with the conditions of a written
authorization for land application of agrichemical
contaminated soils or groundwater, a penalty of $500 shall
be assessed for the first offense and $1,000 for the
second and subsequent offenses.

(B) For violations of a stop use order imposed by the
Director, the penalty shall be $2500.
(C) For violations of a stop sale order imposed by the
Director, the penalty shall be $1500 for each individual
item of the product found in violation of the order.
(D) For selling restricted use pesticides to a
non-certified applicator the penalty shall be $1000.
(E) For selling restricted use pesticides without a
dealer's license the penalty shall be $1,000.
(F) For constructing or operating without an
agrichemical facility permit after receiving written
notification, the penalty shall be $500 for the first
offense and $1,000 for the second and subsequent offenses.
(G) For violations of the Act and rules Rules and
regulations Regulations, administrative penalties will be
based upon the total violation points as determined by the
Use and Violation Criteria as set forth in paragraph (4)
of this Section. The monetary penalties shall be as
follows:
Total Violation Points Monetary Penalties
14-16 $750
17-19 $1000
20-21 $2500
22-25 $5000
26-29 $7500
30 and above $10,000

(4) The following Use and Violation Criteria establishes
the point value which shall be compiled to determine the total
violation points and administrative actions or monetary
penalties to be imposed as set forth in paragraph (3)(G) of
this Section:
(A) Point values shall be assessed upon the harm or
loss incurred.
(1) A point value of 1 shall be assessed for the
following:
(a) Exposure to a pesticide by plants, animals
or humans with no symptoms or damage noted.
(b) Fraudulent sales practices or
representations with no apparent monetary losses
involved.
(2) A point value of 2 shall be assessed for the
following:
(a) Exposure to a pesticide which resulted in:
(1) Plants or property showing signs of
damage including but not limited to leaf curl,
burning, wilting, spotting, discoloration, or
dying.
(2) Garden produce or an agricultural crop
not being harvested on schedule.
(3) Fraudulent sales practices or
representations resulting in losses under
$500.

(3) A point value of 4 shall be assessed for the
following:
(a) Exposure to a pesticide resulting in a
human experiencing headaches, nausea, eye
irritation and such other symptoms which persisted
less than 3 days.
(b) Plant or property damage resulting in a
loss below $1000.
(c) Animals exhibiting symptoms of pesticide
poisoning including but not limited to eye or skin
irritations or lack of coordination.
(d) Death to less than 5 animals.
(e) Fraudulent sales practices or
representations resulting in losses from $500 to
$2000.
(4) A point value of 6 shall be assessed for the
following:
(a) Exposure to a pesticide resulting in a
human experiencing headaches, nausea, eye
irritation and such other symptoms which persisted
3 or more days.
(b) Plant or property damage resulting in a
loss of $1000 or more.
(c) Death to 5 or more animals.
(d) Fraudulent sales practices or
representations resulting in losses over $2000.

(B) Point values shall be assessed based upon the
signal word on the label of the chemical involved:
Point Value Signal Word
1 Caution
2 Warning
4 Danger/Poison
(C) Point values shall be assessed based upon the
degree of responsibility.
Point Value Degree of Responsibility
2 Accidental (such as equipment malfunction)
4 Negligence
10 Knowingly
(D) Point values shall be assessed based upon the
violator's history for the previous 3 years:
Point Value Record
2 Advisory letter
3 Warning letter
5
Previous criminal conviction of this Act or administrative violation resulting in a monetary penalty
7
Certification, license or registration currently suspended or revoked
(E) Point values shall be assessed based upon the

violation type:
(1) Application Oriented:
Point Value Violation
1 Inadequate records
2 Lack of supervision
2 Faulty equipment
Use contrary to label directions:
2 a. resulting in exposure to applicator or operator
3
b. resulting in exposure to other persons or the environment
3
c. precautionary statements, sites, rates, restricted use requirements
3 Water contamination
3 Storage or disposal contrary to label directions
3 Pesticide drift
4 Direct application to a non-target site
6 Falsification of records
6
Failure to secure a permit or violation of permit or special order
(2) Product Oriented:

Point Value Violation
6 Pesticide not registered
4 Product label claims differ from approved label
4
Product composition (active ingredients differs from that of approved label)
4 Product not colored as required
4
Misbranding as set forth in Section Sec. 5 of the Act (4 points will be assessed for each count)
(5) Any penalty not paid within 60 days of notice from
the Department shall be submitted to the Attorney
General's Office for collection. Failure to pay a penalty
shall also be grounds for suspension or revocation of
permits, licenses and registrations.
(6) Private applicators, except those private
applicators who have been found by the Department to have
committed a "use inconsistent with the label" as defined
in subsection 40 of Section 4 of this Act, are exempt from
the Use and Violation Criteria point values.
(Source: P.A. 90-403, eff. 8-15-97; revised 8-19-20.)
Section 655. The Mercury Switch Removal Act is amended by
changing Section 15 as follows:

(415 ILCS 97/15)
(Section scheduled to be repealed on January 1, 2022)
Sec. 15. Mercury switch collection programs.
(a) Within 60 days of April 24, 2006 (the effective date of
this Act), manufacturers of vehicles in Illinois that contain
mercury switches must begin to implement a mercury switch
collection program that facilitates the removal of mercury
switches from end-of-life vehicles before the vehicles are
flattened, crushed, shredded, or otherwise processed for
recycling and to collect and properly manage mercury switches
in accordance with the Environmental Protection Act and
regulations adopted thereunder. In order to ensure that the
mercury switches are removed and collected in a safe and
consistent manner, manufacturers must, to the extent
practicable, use the currently available end-of-life vehicle
recycling infrastructure. The collection program must be
designed to achieve capture rates of not less than (i) 35% for
the period of July 1, 2006, through June 30, 2007; (ii) 50% for
the period of July 1, 2007, through June 30, 2008; and (iii)
70% for the period of July 1, 2008, through June 30, 2009 and
for each subsequent period of July 1 through June 30. At a
minimum, the collection program must:
(1) Develop and provide educational materials that
include guidance as to which vehicles may contain mercury
switches and procedures for locating and removing mercury

switches. The materials may include, but are not limited
to, brochures, fact sheets, and videos.
(2) Conduct outreach activities to encourage vehicle
recyclers and vehicle crushers to participate in the
mercury switch collection program. The activities may
include, but are not limited to, direct mailings,
workshops, and site visits.
(3) Provide storage containers to participating
vehicle recyclers and vehicle crushers for mercury
switches removed under the program.
(4) Provide a collection and transportation system to
periodically collect and replace filled storage containers
from vehicle recyclers, vehicle crushers, and scrap metal
recyclers, either upon notification that a storage
container is full or on a schedule predetermined by the
manufacturers.
(5) Establish an entity that will serve as a point of
contact for the collection program and that will
establish, implement, and oversee the collection program
on behalf of the manufacturers.
(6) Track participation in the collection program and
the progress of mercury switch removals and collections.
(b) Within 90 days of April 24, 2006 (the effective date of
this Act), manufacturers of vehicles in Illinois that contain
mercury switches must submit to the Agency an implementation
plan that describes how the collection program under

subsection (a) of this Section will be carried out for the
duration of the program and how the program will achieve the
capture rates set forth in subsection (a) of this Section. At a
minimum, the implementation plan must:
(A) Identify the educational materials that will
assist vehicle recyclers, vehicle crushers, and scrap
metal processors in identifying, removing, and properly
managing mercury switches removed from end-of-life
vehicles.
(B) Describe the outreach program that will be
undertaken to encourage vehicle recyclers and vehicle
crushers to participate in the mercury switch collection
program.
(C) Describe how the manufacturers will ensure that
mercury switches removed from end-of-life vehicles are
managed in accordance with the Illinois Environmental
Protection Act and regulations adopted thereunder.
(D) Describe how the manufacturers will collect and
document the information required in the quarterly reports
submitted pursuant to subsection (e) of this Section.
(E) Describe how the collection program will be
financed and implemented.
(F) Identify the manufacturer's address to which the
Agency should send the notice required under subsection
(f) of this Section.
The Agency shall review the collection program plans it

receives for completeness and shall notify the manufacturer in
writing if a plan is incomplete. Within 30 days after
receiving a notification of incompleteness from the Agency,
the manufacturer shall submit to the Agency a plan that
contains all of the required information.
(c) The Agency must provide assistance to manufacturers in
their implementation of the collection program required under
this Section. The assistance shall include providing
manufacturers with information about businesses likely to be
engaged in vehicle recycling or vehicle crushing, conducting
site visits to promote participation in the collection
program, and assisting with the scheduling, locating, and
staffing of workshops conducted to encourage vehicle recyclers
and vehicle crushers to participate in the collection program.
(d) Manufacturers subject to the collection program
requirements of this Section shall provide, to the extent
practicable, the opportunity for trade associations of vehicle
recyclers, vehicle crushers, and scrap metal recyclers to be
involved in the delivery and dissemination of educational
materials regarding the identification, removal, collection,
and proper management of mercury switches in end-of-life
vehicles.
(e) (Blank).
(f) If the reports required under this Act indicate that
the capture rates set forth in subsection (a) of this Section
for the period of July 1, 2007, through June 30, 2008, or for

any subsequent period have not been met, the Agency shall
provide notice that the capture rate was not met; provided,
however, that the Agency is not required to provide notice if
it determines that the capture rate was not met due to a force
majeure. The Agency shall provide the notice by posting a
statement on its website and by sending a written notice via
certified mail to the manufacturers subject to the collection
program requirement of this Section at the addresses provided
in the manufacturers' collection plans. Once the Agency
provides notice pursuant to this subsection (f), it is not
required to provide notice in subsequent periods in which the
capture rate is not met.
(g) Beginning 30 days after the Agency first provides
notice pursuant to subsection (f) of this Section, the
following shall apply:
(1) Vehicle recyclers must remove all mercury switches
from each end-of-life vehicle before delivering the
vehicle to an on-site or off-site vehicle crusher or to a
scrap metal recycler, provided that a vehicle recycler is
not required to remove a mercury switch that is
inaccessible due to significant damage to the vehicle in
the area surrounding the mercury switch that occurred
before the vehicle recycler's receipt of the vehicle in
which case the damage must be noted in the records the
vehicle recycler is required to maintain under subsection
(c) of Section 10 of this Act.

(2) No vehicle recycler, vehicle crusher, or scrap
metal recycler shall flatten, crush, or otherwise process
an end-of-life vehicle for recycling unless all mercury
switches have been removed from the vehicle, provided that
a mercury switch that is inaccessible due to significant
damage to the vehicle in the area surrounding the mercury
switch that occurred before the vehicle recycler's,
vehicle crusher's, or scrap metal recycler's receipt of
the vehicle is not required to be removed. The damage must
be noted in the records the vehicle recycler or vehicle
crusher is required to maintain under subsection (c) of
Section 10 of this Act.
(3) Notwithstanding paragraphs (1) through (2) of this
subsection (g), a scrap metal recycler may agree to accept
an end-of-life vehicle that contains one or more mercury
switches and that has not been flattened, crushed,
shredded, or otherwise processed for recycling provided
the scrap metal recycler removes all mercury switches from
the vehicle before the vehicle is flattened, crushed,
shredded, or otherwise processed for recycling. Scrap
metal recyclers are not required to remove a mercury
switch that is inaccessible due to significant damage to
the vehicle in the area surrounding the mercury switch
that occurred before the scrap metal recycler's receipt of
the vehicle. The damage must be noted in the records the
scrap metal recycler is required to maintain under

subsection (c) of Section 10 of this Act.
(4) Manufacturers subject to the collection program
requirements of this Section must provide to vehicle
recyclers, vehicle crushers, and scrap metal recyclers the
following compensation for all mercury switches removed
from end-of-life vehicles on or after the date of the
notice: $2.00 for each mercury switch removed by the
vehicle recycler, vehicle crusher, or the scrap metal
recycler, the costs of the containers in which the mercury
switches are collected, and the costs of packaging and
transporting the mercury switches off-site. Payment of
this compensation must be provided in a prompt manner.
(h) In meeting the requirements of this Section,
manufacturers may work individually or as part of a group of 2
or more manufacturers.
(Source: P.A. 101-81, eff. 7-12-19; revised 9-12-19.)
Section 660. The Drycleaner Environmental Response Trust
Fund Act is amended by changing Section 65 as follows:
(415 ILCS 135/65)
(Section scheduled to be repealed on January 1, 2030)
Sec. 65. Drycleaning solvent tax.
(a) A tax is imposed upon the use of drycleaning solvent by
a person engaged in the business of operating a drycleaning
facility in this State at the rate of $10 per gallon of

perchloroethylene or other chlorinated drycleaning solvents
used in drycleaning operations, $2 per gallon of
petroleum-based drycleaning solvent, and $1.75 per gallon of
green solvents, unless the green solvent is used at a virgin
facility, in which case the rate is $0.35 per gallon. The Board
may determine by rule which products are chlorine-based
solvents, which products are petroleum-based solvents, and
which products are green solvents. All drycleaning solvents
shall be considered chlorinated solvents unless the Board
determines that the solvents are petroleum-based drycleaning
solvents or green solvents.
(b) The tax imposed by this Act shall be collected from the
purchaser at the time of sale by a seller of drycleaning
solvents maintaining a place of business in this State and
shall be remitted to the Department of Revenue under the
provisions of this Act.
(c) The tax imposed by this Act that is not collected by a
seller of drycleaning solvents shall be paid directly to the
Department of Revenue by the purchaser or end user who is
subject to the tax imposed by this Act.
(d) No tax shall be imposed upon the use of drycleaning
solvent if the drycleaning solvent will not be used in a
drycleaning facility or if a floor stock tax has been imposed
and paid on the drycleaning solvent. Prior to the purchase of
the solvent, the purchaser shall provide a written and signed
certificate to the drycleaning solvent seller stating:

(1) the name and address of the purchaser;
(2) the purchaser's signature and date of signing; and
(3) one of the following:
(A) that the drycleaning solvent will not be used
in a drycleaning facility; or
(B) that a floor stock tax has been imposed and
paid on the drycleaning solvent.
(e) On January 1, 1998, there is imposed on each operator
of a drycleaning facility a tax on drycleaning solvent held by
the operator on that date for use in a drycleaning facility.
The tax imposed shall be the tax that would have been imposed
under subsection (a) if the drycleaning solvent held by the
operator on that date had been purchased by the operator
during the first year of this Act.
(f) On or before the 25th day of the 1st month following
the end of the calendar quarter, a seller of drycleaning
solvents who has collected a tax pursuant to this Section
during the previous calendar quarter, or a purchaser or end
user of drycleaning solvents required under subsection (c) to
submit the tax directly to the Department, shall file a return
with the Department of Revenue. The return shall be filed on a
form prescribed by the Department of Revenue and shall contain
information that the Department of Revenue reasonably
requires, but at a minimum will require the reporting of the
volume of drycleaning solvent sold to each licensed
drycleaner. The Department of Revenue shall report quarterly

to the Agency the volume of drycleaning solvent purchased for
the quarter by each licensed drycleaner. Each seller of
drycleaning solvent maintaining a place of business in this
State who is required or authorized to collect the tax imposed
by this Act shall pay to the Department the amount of the tax
at the time when he or she is required to file his or her
return for the period during which the tax was collected.
Purchasers or end users remitting the tax directly to the
Department under subsection (c) shall file a return with the
Department of Revenue and pay the tax so incurred by the
purchaser or end user during the preceding calendar quarter.
Except as provided in this Section, the seller of
drycleaning solvents filing the return under this Section
shall, at the time of filing the return, pay to the Department
the amount of tax imposed by this Act less a discount of 1.75%,
or $5 per calendar year, whichever is greater. Failure to
timely file the returns and provide to the Department the data
requested under this Act will result in disallowance of the
reimbursement discount.
(g) The tax on drycleaning solvents used in drycleaning
facilities and the floor stock tax shall be administered by
the Department of Revenue under rules adopted by that
Department.
(h) No person shall knowingly sell or transfer drycleaning
solvent to an operator of a drycleaning facility that is not
licensed by the Agency under Section 60.

(i) The Department of Revenue may adopt rules as necessary
to implement this Section.
(j) If any payment provided for in this Section exceeds
the seller's liabilities under this Act, as shown on an
original return, the seller may credit such excess payment
against liability subsequently to be remitted to the
Department under this Act, in accordance with reasonable rules
adopted by the Department. If the Department subsequently
determines that all or any part of the credit taken was not
actually due to the seller, the seller's discount shall be
reduced by an amount equal to the difference between the
discount as applied to the credit taken and that actually due,
and the seller shall be liable for penalties and interest on
such difference.
(Source: P.A. 100-1171, eff. 1-4-19; 101-400, eff. 7-1-20;
revised 8-19-20.)
Section 665. The Laser System Act of 1997 is amended by
changing Section 15 as follows:
(420 ILCS 56/15)
Sec. 15. Definitions. For the purposes of this Act, unless
the context requires otherwise:
(1) "Agency" means the Illinois Emergency Management
Agency.
(2) "Director" means the Director of the Illinois

Emergency Management Agency.
(3) "FDA" means the Food and Drug Administration of
the United States Department of Health and Human Services.
(4) "Laser installation" means a location or facility
where laser systems are produced, stored, disposed of, or
used for any purpose.
(5) "Laser machine" means a device that is capable of
producing laser radiation when associated controlled
devices are operated.
(6) "Laser radiation" means an electromagnetic
radiation emitted from a laser system and includes all
reflected radiation, any secondary radiation, or other
forms of energy resulting from the primary laser beam.
(7) "Laser system" means a device, machine, equipment,
or other apparatus that applies a source of energy to a
gas, liquid, crystal, or other solid substances or
combination thereof in a manner that electromagnetic
radiations of a relatively uniform wavelength wave length
are amplified and emitted in a cohesive beam capable of
transmitting the energy developed in a manner that may be
harmful to living tissues, including, but not limited to,
electromagnetic waves in the range of visible, infrared,
or ultraviolet light. Such systems in schools, colleges,
occupational schools, and State colleges and other State
institutions are also included in the definition of "laser
systems".

(8) "Operator" is an individual, group of individuals,
partnership, firm, corporation, association, or other
entity conducting the business or activities carried on
within a laser installation.
(Source: P.A. 95-777, eff. 8-4-08; revised 8-19-20.)
Section 670. The Fire Investigation Act is amended by
changing Section 13.1 as follows:
(425 ILCS 25/13.1) (from Ch. 127 1/2, par. 17.1)
Sec. 13.1. Fire Prevention Fund.
(a) There shall be a special fund in the State Treasury
known as the Fire Prevention Fund.
(b) The following moneys shall be deposited into the Fund:
(1) Moneys received by the Department of Insurance
under Section 12 of this Act.
(2) All fees and reimbursements received by the
Office.
(3) All receipts from boiler and pressure vessel
certification, as provided in Section 13 of the Boiler and
Pressure Vessel Safety Act.
(4) Such other moneys as may be provided by law.
(c) The moneys in the Fire Prevention Fund shall be used,
subject to appropriation, for the following purposes:
(1) Of the moneys deposited into the fund under
Section 12 of this Act, 12.5% shall be available for the

maintenance of the Illinois Fire Service Institute and the
expenses, facilities, and structures incident thereto, and
for making transfers into the General Obligation Bond
Retirement and Interest Fund for debt service requirements
on bonds issued by the State of Illinois after January 1,
1986 for the purpose of constructing a training facility
for use by the Institute. An additional 2.5% of the moneys
deposited into the Fire Prevention Fund shall be available
to the Illinois Fire Service Institute for support of the
Cornerstone Training Program.
(2) Of the moneys deposited into the Fund under
Section 12 of this Act, 10% shall be available for the
maintenance of the Chicago Fire Department Training
Program and the expenses, facilities, and structures
incident thereto, in addition to any moneys payable from
the Fund to the City of Chicago pursuant to the Illinois
Fire Protection Training Act.
(3) For making payments to local governmental agencies
and individuals pursuant to Section 10 of the Illinois
Fire Protection Training Act.
(4) For the maintenance and operation of the Office of
the State Fire Marshal, and the expenses incident thereto.
(4.5) For the maintenance, operation, and capital
expenses of the Mutual Aid Box Alarm System (MABAS).
(4.6) For grants awarded by the Small Fire-fighting
and Ambulance Service Equipment Grant Program established

by Section 2.7 of the State Fire Marshal Act.
(5) For any other purpose authorized by law.
(c-5) As soon as possible after April 8, 2008 (the
effective date of Public Act 95-717), the Comptroller shall
order the transfer and the Treasurer shall transfer $2,000,000
from the Fire Prevention Fund to the Fire Service and Small
Equipment Fund, $9,000,000 from the Fire Prevention Fund to
the Fire Truck Revolving Loan Fund, and $4,000,000 from the
Fire Prevention Fund to the Ambulance Revolving Loan Fund.
Beginning on July 1, 2008, each month, or as soon as practical
thereafter, an amount equal to $2 from each fine received
shall be transferred from the Fire Prevention Fund to the Fire
Service and Small Equipment Fund, an amount equal to $1.50
from each fine received shall be transferred from the Fire
Prevention Fund to the Fire Truck Revolving Loan Fund, and an
amount equal to $4 from each fine received shall be
transferred from the Fire Prevention Fund to the Ambulance
Revolving Loan Fund. These moneys shall be transferred from
the moneys deposited into the Fire Prevention Fund pursuant to
Public Act 95-154, together with not more than 25% of any
unspent appropriations from the prior fiscal year. These
moneys may be allocated to the Fire Truck Revolving Loan Fund,
Ambulance Revolving Loan Fund, and Fire Service and Small
Equipment Fund at the discretion of the Office for the purpose
of implementation of this Act.
(d) Any portion of the Fire Prevention Fund remaining

unexpended at the end of any fiscal year which is not needed
for the maintenance and expenses of the Office or the
maintenance and expenses of the Illinois Fire Service
Institute, shall remain in the Fire Prevention Fund for the
exclusive and restricted uses provided in subsections (c) and
(c-5) of this Section.
(e) The Office shall keep on file an itemized statement of
all expenses incurred which are payable from the Fund, other
than expenses incurred by the Illinois Fire Service Institute,
and shall approve all vouchers issued therefor before they are
submitted to the State Comptroller for payment. Such vouchers
shall be allowed and paid in the same manner as other claims
against the State.
(Source: P.A. 101-82, eff. 1-1-20; revised 9-12-19.)
Section 675. The Smoke Detector Act is amended by changing
Section 3 as follows:
(425 ILCS 60/3) (from Ch. 127 1/2, par. 803)
(Text of Section before amendment by P.A. 100-200)
Sec. 3. (a) Every dwelling unit or hotel shall be equipped
with at least one approved smoke detector in an operating
condition within 15 feet of every room used for sleeping
purposes. The detector shall be installed on the ceiling and
at least 6 inches from any wall, or on a wall located between 4
and 6 inches from the ceiling.

(b) Every single family residence shall have at least one
approved smoke detector installed on every story of the
dwelling unit, including basements but not including
unoccupied attics. In dwelling units with split levels, a
smoke detector installed on the upper level shall suffice for
the adjacent lower level if the lower level is less than one
full story below the upper level; however, if there is an
intervening door between the adjacent levels, a smoke detector
shall be installed on each level.
(c) Every structure which (1) contains more than one
dwelling unit, or (2) contains at least one dwelling unit and
is a mixed-use structure, shall contain at least one approved
smoke detector at the uppermost ceiling of each interior
stairwell. The detector shall be installed on the ceiling, at
least 6 inches from the wall, or on a wall located between 4
and 6 inches from the ceiling.
(d) It shall be the responsibility of the owner of a
structure to supply and install all required detectors. The
owner shall be responsible for making reasonable efforts to
test and maintain detectors in common stairwells and hallways.
It shall be the responsibility of a tenant to test and to
provide general maintenance for the detectors within the
tenant's dwelling unit or rooming unit, and to notify the
owner or the authorized agent of the owner in writing of any
deficiencies which the tenant cannot correct. The owner shall
be responsible for providing one tenant per dwelling unit with

written information regarding detector testing and
maintenance.
The tenant shall be responsible for replacement of any
required batteries in the smoke detectors in the tenant's
dwelling unit, except that the owner shall ensure that such
batteries are in operating condition at the time the tenant
takes possession of the dwelling unit. The tenant shall
provide the owner or the authorized agent of the owner with
access to the dwelling unit to correct any deficiencies in the
smoke detector which have been reported in writing to the
owner or the authorized agent of the owner.
(e) The requirements of this Section shall apply to any
dwelling unit in existence on July 1, 1988, beginning on that
date. Except as provided in subsections (f) and (g), the smoke
detectors required in such dwelling units may be either
battery powered or wired into the structure's AC power line,
and need not be interconnected.
(f) In the case of any dwelling unit that is newly
constructed, reconstructed, or substantially remodelled after
December 31, 1987, the requirements of this Section shall
apply beginning on the first day of occupancy of the dwelling
unit after such construction, reconstruction or substantial
remodelling. The smoke detectors required in such dwelling
unit shall be permanently wired into the structure's AC power
line, and if more than one detector is required to be installed
within the dwelling unit, the detectors shall be wired so that

the actuation of one detector will actuate all the detectors
in the dwelling unit.
In the case of any dwelling unit that is newly
constructed, reconstructed, or substantially remodeled on or
after January 1, 2011, smoke detectors permanently wired into
the structure's AC power line must also maintain an
alternative back-up power source, which may be either a
battery or batteries or an emergency generator.
(g) Every hotel shall be equipped with operational
portable smoke-detecting alarm devices for the deaf and
hearing impaired of audible and visual design, available for
units of occupancy.
Specialized smoke detectors smoke-detectors for the deaf
and hearing impaired shall be available upon request by guests
in such hotels at a rate of at least one such smoke detector
per 75 occupancy units or portions thereof, not to exceed 5
such smoke detectors per hotel. Incorporation or connection
into an existing interior alarm system, so as to be capable of
being activated by the system, may be utilized in lieu of the
portable alarms.
Operators of any hotel shall post conspicuously at the
main desk a permanent notice, in letters at least 3 inches in
height, stating that smoke detector alarm devices for the deaf
and hearing impaired are available. The proprietor may require
a refundable deposit for a portable smoke detector not to
exceed the cost of the detector.

(g-5) A hotel, as defined in this Act, shall be
responsible for installing and maintaining smoke detecting
equipment.
(h) Compliance with an applicable federal, State, or local
law or building code which requires the installation and
maintenance of smoke detectors in a manner different from this
Section, but providing a level of safety for occupants which
is equal to or greater than that provided by this Section,
shall be deemed to be in compliance with this Section, and the
requirements of such more stringent law shall govern over the
requirements of this Section.
(Source: P.A. 96-1292, eff. 1-1-11; 97-447, eff. 1-1-12;
revised 8-19-20.)
(Text of Section after amendment by P.A. 100-200)
Sec. 3. (a) Every dwelling unit or hotel shall be equipped
with at least one approved smoke detector in an operating
condition within 15 feet of every room used for sleeping
purposes. The detector shall be installed on the ceiling and
at least 6 inches from any wall, or on a wall located between 4
and 6 inches from the ceiling.
(b) Every single family residence shall have at least one
approved smoke detector installed on every story of the
dwelling unit, including basements but not including
unoccupied attics. In dwelling units with split levels, a
smoke detector installed on the upper level shall suffice for

the adjacent lower level if the lower level is less than one
full story below the upper level; however, if there is an
intervening door between the adjacent levels, a smoke detector
shall be installed on each level.
(c) Every structure which (1) contains more than one
dwelling unit, or (2) contains at least one dwelling unit and
is a mixed-use structure, shall contain at least one approved
smoke detector at the uppermost ceiling of each interior
stairwell. The detector shall be installed on the ceiling, at
least 6 inches from the wall, or on a wall located between 4
and 6 inches from the ceiling.
(d) It shall be the responsibility of the owner of a
structure to supply and install all required detectors. The
owner shall be responsible for making reasonable efforts to
test and maintain detectors in common stairwells and hallways.
It shall be the responsibility of a tenant to test and to
provide general maintenance for the detectors within the
tenant's dwelling unit or rooming unit, and to notify the
owner or the authorized agent of the owner in writing of any
deficiencies which the tenant cannot correct. The owner shall
be responsible for providing one tenant per dwelling unit with
written information regarding detector testing and
maintenance.
The tenant shall be responsible for replacement of any
required batteries in the smoke detectors in the tenant's
dwelling unit, except that the owner shall ensure that such

batteries are in operating condition at the time the tenant
takes possession of the dwelling unit. The tenant shall
provide the owner or the authorized agent of the owner with
access to the dwelling unit to correct any deficiencies in the
smoke detector which have been reported in writing to the
owner or the authorized agent of the owner.
(e) The requirements of this Section shall apply to any
dwelling unit in existence on July 1, 1988, beginning on that
date. Except as provided in subsections (f) and (g), the smoke
detectors required in such dwelling units may be either:
battery powered provided the battery is a self-contained,
non-removable, long-term long term battery, or wired into the
structure's AC power line, and need not be interconnected.
(1) The battery requirements of this Section shall
apply to battery-powered battery powered smoke detectors
that: (A) are in existence and exceed 10 years from the
date of their being manufactured; (B) fail fails to
respond to operability tests or otherwise malfunction
malfunctions; or (C) are newly installed.
(2) The battery requirements of this Section do not
apply to: (A) a fire alarm, smoke detector, smoke alarm,
or ancillary component that is electronically connected as
a part of a centrally monitored or supervised alarm
system; (B) a fire alarm, smoke detector, smoke alarm, or
ancillary component that uses: (i) a low-power radio
frequency wireless communication signal, or (ii) Wi-Fi or

other wireless Local Area Networking capability to send
and receive notifications to and from the Internet, such
as early low battery warnings before the device reaches a
critical low power level; or (C) such other devices as the
State Fire Marshal shall designate through its regulatory
process.
(f) In the case of any dwelling unit that is newly
constructed, reconstructed, or substantially remodelled after
December 31, 1987, the requirements of this Section shall
apply beginning on the first day of occupancy of the dwelling
unit after such construction, reconstruction or substantial
remodelling. The smoke detectors required in such dwelling
unit shall be permanently wired into the structure's AC power
line, and if more than one detector is required to be installed
within the dwelling unit, the detectors shall be wired so that
the actuation of one detector will actuate all the detectors
in the dwelling unit.
In the case of any dwelling unit that is newly
constructed, reconstructed, or substantially remodeled on or
after January 1, 2011, smoke detectors permanently wired into
the structure's AC power line must also maintain an
alternative back-up power source, which may be either a
battery or batteries or an emergency generator.
(g) Every hotel shall be equipped with operational
portable smoke-detecting alarm devices for the deaf and
hearing impaired of audible and visual design, available for

units of occupancy.
Specialized smoke detectors smoke-detectors for the deaf
and hearing impaired shall be available upon request by guests
in such hotels at a rate of at least one such smoke detector
per 75 occupancy units or portions thereof, not to exceed 5
such smoke detectors per hotel. Incorporation or connection
into an existing interior alarm system, so as to be capable of
being activated by the system, may be utilized in lieu of the
portable alarms.
Operators of any hotel shall post conspicuously at the
main desk a permanent notice, in letters at least 3 inches in
height, stating that smoke detector alarm devices for the deaf
and hearing impaired are available. The proprietor may require
a refundable deposit for a portable smoke detector not to
exceed the cost of the detector.
(g-5) A hotel, as defined in this Act, shall be
responsible for installing and maintaining smoke detecting
equipment.
(h) Compliance with an applicable federal, State, or local
law or building code which requires the installation and
maintenance of smoke detectors in a manner different from this
Section, but providing a level of safety for occupants which
is equal to or greater than that provided by this Section,
shall be deemed to be in compliance with this Section, and the
requirements of such more stringent law shall govern over the
requirements of this Section.

(i) The requirements of this Section shall not apply to
dwelling units and hotels within municipalities with a
population over 1,000,000 inhabitants.
(Source: P.A. 100-200, eff. 1-1-23; revised 8-19-20.)
Section 680. The Firearm Dealer License Certification Act
is amended by changing Sections 5-1 and 5-5 as follows:
(430 ILCS 68/5-1)
Sec. 5-1. Short title. This Article 5 1 may be cited as
the Firearm Dealer License Certification Act. References in
this Article to "this Act" mean this Article.
(Source: P.A. 100-1178, eff. 1-18-19; revised 7-16-19.)
(430 ILCS 68/5-5)
Sec. 5-5. Definitions. In this Act:
"Certified licensee" means a licensee that has previously
certified its license with the Department under this Act.
"Department" means the Department of State Police.
"Director" means the Director of State Police.
"Entity" means any person, firm, corporation, group of
individuals, or other legal entity.
"Inventory" means firearms in the possession of an
individual or entity for the purpose of sale or transfer.
"License" means a Federal Firearms License authorizing a
person or entity to engage in the business of dealing

firearms.
"Licensee" means a person, firm, corporation, or other
entity who has been given, and is currently in possession of, a
valid Federal Firearms License.
"Retail location" means a store open to the public from
which a certified licensee engages in the business of selling,
transferring, or facilitating a sale or transfer of a firearm.
For purposes of this Act, the World Shooting and Recreational
Complex, a gun show, or a similar event at which a certified
licensee engages in business from time to time is not a retail
location.
(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19;
revised 9-12-19.)
Section 685. The Animal Control Act is amended by changing
Section 11 as follows:
(510 ILCS 5/11) (from Ch. 8, par. 361)
Sec. 11. Animal placement. When not redeemed by the owner,
agent, or caretaker, a dog or cat must be scanned for a
microchip. If a microchip is present, the registered owner or
chip purchaser, if the purchaser was a nonprofit organization,
animal shelter, animal control facility, pet store, breeder,
or veterinary office, must be notified. After contact has been
made or attempted, dogs deemed adoptable by the animal control
facility shall be offered for adoption, or made available to a

licensed animal shelter, or rescue group. After contact has
been made or attempted, the animal control facility may
either: (1) offer the cat for adoption; (2) return to field or
transfer the cat after sterilization; or (3) make the cat
available to a licensed animal shelter or animal control
facility. The animal may be humanely dispatched pursuant to
the Humane Euthanasia in Animal Shelters Act. An animal
control facility or animal shelter shall not adopt or release
any dog or cat to anyone other than the owner or a foster home
unless the animal has been rendered incapable of reproduction
and microchipped. This Act shall not prevent humane societies
or animal shelters from engaging in activities set forth by
their charters; provided, they are not inconsistent with
provisions of this Act and other existing laws. No animal
shelter or animal control facility shall release dogs or cats
to an individual representing a rescue group, unless the group
has been licensed by the Department of Agriculture or is a
representative of a not-for-profit out-of-state organization,
animal shelter, or animal control facility. The Department may
suspend or revoke the license of any animal shelter or animal
control facility that fails to comply with the requirements
set forth in this Section or that fails to report its intake
and euthanasia statistics as required by law each year.
(Source: P.A. 100-870, eff. 1-1-19; 101-295, eff. 8-9-19;
revised 8-20-20.)

Section 690. The Illinois Highway Code is amended by
changing Sections 6-115 and 6-134 as follows:
(605 ILCS 5/6-115) (from Ch. 121, par. 6-115)
Sec. 6-115. (a) Except as provided in Section 10-20 of the
Township Code or subsection (b), no person shall be eligible
to the office of highway commissioner unless he shall be a
legal voter and has been one year a resident of the district.
In road districts that elect a clerk, the same limitation
shall apply to the district clerk.
(b) A board of trustees may (i) appoint a non-resident or a
resident that has not resided in the district for one year to
be a highway commissioner, or (ii) contract with a neighboring
township to provide highway commissioner services if:
(1) the district is within a township with no
incorporated town;
(2) the township has is a population of less than 500;
and
(3) no qualified candidate who has resided in the
township for at least one year is willing to serve as
highway commissioner.
(Source: P.A. 101-197, eff. 1-1-20; revised 9-12-19.)
(605 ILCS 5/6-134)
Sec. 6-134. Abolishing a road district.
(a) By resolution, the board of trustees of any township

located in a county with less than 3,000,000 inhabitants may
submit a proposition to abolish the road district of that
township to the electors of that township at a general
election or consolidated election in accordance with the
general election law. The ballot shall be in substantially the
following form:
---------
Shall the Road District of the Township of
........... be abolished with all the rights, YES
powers, duties, assets, property, liabilities,
obligations, and responsibilities being assumed ---------
by the Township of ........... ? NO
---------
In the event that a majority of the electors voting on such
proposition are in favor thereof, then the road district shall
be abolished by operation of law effective 90 days after vote
certification by the governing election authority or on the
date the term of the highway commissioner in office at the time
the proposition was approved by the electors expires,
whichever is later.
On that date, all the rights, powers, duties, assets,
property, liabilities, obligations, and responsibilities of
the road district shall by operation of law vest in and be
assumed by the township. On that date, the township board of

trustees shall assume all taxing authority of a road district
abolished under this Section. On that date, any highway
commissioner of the abolished road district shall cease to
hold office, such term having been terminated. Thereafter, the
township shall exercise all duties and responsibilities of the
highway commissioner as provided in the Illinois Highway Code.
The township board of trustees may enter into a contract with
the county, a municipality, or a private contractor to
administer the roads under its jurisdiction. The township
board of trustees shall assume all taxing authority of a
township road district abolished under this subsection. For
purposes of distribution of revenue, the township shall assume
the powers, duties, and obligations of the road district.
Distribution of revenue by the township to the treasurer of a
municipality under Section 6-507 shall be only paid from
moneys levied for road purposes pursuant to Division 5 of
Article 6 of this the Illinois Highway Code.
(b) If a referendum passed under subsection (a) at the
November 6, 2018 election and a road district has not been
abolished as provided in subsection (a) by August 23, 2019
(the effective date of Public Act 101-519) this amendatory Act
of the 101st General Assembly:
(1) the township board shall have the sole authority
relating to the following duties and powers of the road
district until the date of abolition:
(A) creating and approving the budget of the road

district;
(B) levying taxes (the township board of trustees
assumes all taxing authority of the township road
district);
(C) entering into contracts for the road district;
(D) employing and fixing the compensation of road
district employees that the township board deems
necessary; and
(E) setting and adopting rules concerning all
benefits available to employees of the road district; .
(2) the road district or the highway commissioner may
not commence or maintain litigation against the township
to resolve any dispute related to the road district
regarding powers of the office of the highway
commissioner, the powers of the supervisor, or the powers
of the township board.
(c) If a township has approved a consolidated road
district after a referendum under Section 6-109 and the
consolidation is not yet effective and if the township
subsequently approves a referendum under this Section, then
the consolidation under Section 6-109 is void and shall not
occur.
(Source: P.A. 100-106, eff. 1-1-18; 101-519, eff. 8-23-19;
revised 8-20-20.)
Section 695. The Illinois Vehicle Code is amended by

changing Sections 1-158.5, 2-111, 3-421, 3-609, 3-699.14,
3-704, 3-802, 3-806.3, 4-104, 4-105, 6-106, 6-206, 6-209.1,
6-306.5, 11-208.3, 11-501.9, 11-502.1, 11-704, 11-1006,
11-1412.3, and 12-610.2 and by setting forth and renumbering
multiple versions of Section 3-699.17 as follows:
(625 ILCS 5/1-158.5) (from Ch. 95 1/2, par. 1-300)
Sec. 1-158.5. Penalties and offenses; definitions
offenses-definitions. The following words and phrases when
used in this Act, shall, for the purposes of this Act, have the
meanings ascribed to them in Chapter Article V of the "Unified
Code of Corrections", as now or hereafter amended:
Business Offense;
Conviction;
Court;
Felony;
Class 1 Felony;
Class 2 Felony;
Class 3 Felony;
Class 4 Felony;
Imprisonment;
Judgment;
Misdemeanor;
Class A Misdemeanor;
Class B Misdemeanor;
Class C Misdemeanor;

Offense;
Petty Offense;
Sentence.
(Source: P.A. 90-89, eff. 1-1-98; revised 8-20-20.)
(625 ILCS 5/2-111) (from Ch. 95 1/2, par. 2-111)
Sec. 2-111. Seizure or confiscation of documents and
plates.
(a) The Secretary of State or any law enforcement entity
is authorized to take possession of any certificate of title,
registration card, permit, license, registration plate or
digital registration plate, plates, disability license plate
or parking decal or device, or registration sticker or digital
registration sticker issued by the Secretary or her upon
expiration, revocation, cancellation, or suspension thereof,
or which is fictitious, or which has been unlawfully or
erroneously issued. Police officers who have seized such items
shall return the items to the Secretary of State in a manner
and form set forth by the Secretary in administrative rule to
take possession of such item or items.
(b) The Secretary of State is authorized to confiscate any
suspected fraudulent, fictitious, or altered documents
submitted by an applicant in support of an application for a
driver's license or permit.
(Source: P.A. 101-185, eff. 1-1-20; 101-395, eff. 8-16-19;
revised 9-24-19.)

(625 ILCS 5/3-421) (from Ch. 95 1/2, par. 3-421)
Sec. 3-421. Right of reassignment.
(a) Every natural person shall have the right of
reassignment of the license number issued to him during the
current registration plate or digital registration plate term,
for the ensuing registration plate or digital registration
plate term, provided his or her application for reassignment
is received in the Office of the Secretary of State on or
before September 30 of the final year of the registration
plate or digital registration plate term as to a vehicle
registered on a calendar year, and on or before March 31 as to
a vehicle registered on a fiscal year. The right of
reassignment shall apply to every natural person under the
staggered registration system provided the application for
reassignment is received in the Office of the Secretary of
State by the 1st day of the month immediately preceding the
applicant's month of expiration.
In addition, every natural person shall have the right of
reassignment of the license number issued to him for a
two-year registration, for the ensuing two-year period. Where
the two-year period is for two calendar years, the application
for reassignment must be received by the Secretary of State on
or before September 30th of the year preceding commencement of
the two-year period. Where the two-year period is for two
fiscal years commencing on July 1, the application for

reassignment must be received by the Secretary of State on or
before April 30th immediately preceding commencement of the
two-year period.
(b) Notwithstanding the above provision, the Secretary of
State shall, subject to the existing right of reassignment,
have the authority to designate new specific combinations of
numerical, alpha-numerical, and numerical-alpha licenses for
vehicles registered on a calendar year or on a fiscal year,
whether the license be issued for one or more years. The new
combinations so specified shall not be subject to the right of
reassignment, and no right of reassignment thereto may at any
future time be acquired.
(c) If a person has a registration plate in his or her name
and seeks to reassign the registration plate to his or her
spouse, the Secretary shall waive any transfer fee or vanity
or personalized registration plate fee upon both spouses
signing a form authorizing the reassignment of registration.
(c-1) If a person who that has a registration plate in his
or her name seeks to reassign the registration plate to his or
her child, the Secretary shall waive any transfer fee or
vanity or personalized registration plate fee.
(Source: P.A. 101-395, eff. 8-16-19; 101-611, eff. 6-1-20;
revised 8-4-20.)
(625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609)
Sec. 3-609. Plates for veterans with disabilities.

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

(c) Renewal of such registration must be accompanied with
documentation for eligibility of registration without fee
unless the applicant has a permanent qualifying disability,
and such registration plates or digital registration plates
may not be issued to any person not eligible therefor. The
Illinois Department of Veterans' Affairs may assist in
providing the documentation of disability.
(d) The design and color of the plates shall be within the
discretion of the Secretary, except that the plates issued
under subsection (b) of this Section shall not contain the
international symbol of access. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity or
personalized plates in accordance with Section 3-405.1 of this
Code. Registration shall be for a multi-year period and may be
issued staggered registration.
(e) Any person eligible to receive license plates under
this Section who has been approved for benefits under the
Senior Citizens and Persons with Disabilities Property Tax
Relief Act, or who has claimed and received a grant under that
Act, shall pay a fee of $24 instead of the fee otherwise
provided in this Code for passenger cars displaying standard
multi-year registration plates or digital registration plates
issued under Section 3-414.1, for motor vehicles registered at
8,000 pounds or less under Section 3-815(a), or for
recreational vehicles registered at 8,000 pounds or less under
Section 3-815(b), for a second set of plates under this

Section.
(Source: P.A. 100-513, eff. 1-1-18; 101-395, eff. 8-16-19;
101-536, eff. 1-1-20; revised 9-24-19.)
(625 ILCS 5/3-699.14)
Sec. 3-699.14. Universal special license plates.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary, may
issue Universal special license plates to residents of
Illinois on behalf of organizations that have been authorized
by the General Assembly to issue decals for Universal special
license plates. Appropriate documentation, as determined by
the Secretary, shall accompany each application. Authorized
organizations shall be designated by amendment to this
Section. When applying for a Universal special license plate
the applicant shall inform the Secretary of the name of the
authorized organization from which the applicant will obtain a
decal to place on the plate. The Secretary shall make a record
of that organization and that organization shall remain
affiliated with that plate until the plate is surrendered,
revoked, or otherwise cancelled. The authorized organization
may charge a fee to offset the cost of producing and
distributing the decal, but that fee shall be retained by the
authorized organization and shall be separate and distinct
from any registration fees charged by the Secretary. No decal,

sticker, or other material may be affixed to a Universal
special license plate other than a decal authorized by the
General Assembly in this Section or a registration renewal
sticker. The special plates issued under this Section shall be
affixed only to passenger vehicles of the first division,
including motorcycles and autocycles, or motor vehicles of the
second division weighing not more than 8,000 pounds. Plates
issued under this Section shall expire according to the
multi-year procedure under Section 3-414.1 of this Code.
(b) The design, color, and format of the Universal special
license plate shall be wholly within the discretion of the
Secretary. Universal special license plates are not required
to designate "Land of Lincoln", as prescribed in subsection
(b) of Section 3-412 of this Code. The design shall allow for
the application of a decal to the plate. Organizations
authorized by the General Assembly to issue decals for
Universal special license plates shall comply with rules
adopted by the Secretary governing the requirements for and
approval of Universal special license plate decals. The
Secretary may, in his or her discretion, allow Universal
special license plates to be issued as vanity or personalized
plates in accordance with Section 3-405.1 of this Code. The
Secretary of State must make a version of the special
registration plates authorized under this Section in a form
appropriate for motorcycles and autocycles.
(c) When authorizing a Universal special license plate,

the General Assembly shall set forth whether an additional fee
is to be charged for the plate and, if a fee is to be charged,
the amount of the fee and how the fee is to be distributed.
When necessary, the authorizing language shall create a
special fund in the State treasury into which fees may be
deposited for an authorized Universal special license plate.
Additional fees may only be charged if the fee is to be paid
over to a State agency or to a charitable entity that is in
compliance with the registration and reporting requirements of
the Charitable Trust Act and the Solicitation for Charity Act.
Any charitable entity receiving fees for the sale of Universal
special license plates shall annually provide the Secretary of
State a letter of compliance issued by the Attorney General
verifying that the entity is in compliance with the Charitable
Trust Act and the Solicitation for Charity Act.
(d) Upon original issuance and for each registration
renewal period, in addition to the appropriate registration
fee, if applicable, the Secretary shall collect any additional
fees, if required, for issuance of Universal special license
plates. The fees shall be collected on behalf of the
organization designated by the applicant when applying for the
plate. All fees collected shall be transferred to the State
agency on whose behalf the fees were collected, or paid into
the special fund designated in the law authorizing the
organization to issue decals for Universal special license
plates. All money in the designated fund shall be distributed

by the Secretary subject to appropriation by the General
Assembly.
(e) The following organizations may issue decals for
Universal special license plates with the original and renewal
fees and fee distribution as follows:
(1) The Illinois Department of Natural Resources.
(A) Original issuance: $25; with $10 to the
Roadside Monarch Habitat Fund and $15 to the Secretary
of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Roadside Monarch
Habitat Fund and $2 to the Secretary of State Special
License Plate Fund.
(2) Illinois Veterans' Homes.
(A) Original issuance: $26, which shall be
deposited into the Illinois Veterans' Homes Fund.
(B) Renewal: $26, which shall be deposited into
the Illinois Veterans' Homes Fund.
(3) The Illinois Department of Human Services for
volunteerism decals.
(A) Original issuance: $25, which shall be
deposited into the Secretary of State Special License
Plate Fund.
(B) Renewal: $25, which shall be deposited into
the Secretary of State Special License Plate Fund.
(4) The Illinois Department of Public Health.
(A) Original issuance: $25; with $10 to the

Prostate Cancer Awareness Fund and $15 to the
Secretary of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Prostate Cancer
Awareness Fund and $2 to the Secretary of State
Special License Plate Fund.
(5) Horsemen's Council of Illinois.
(A) Original issuance: $25; with $10 to the
Horsemen's Council of Illinois Fund and $15 to the
Secretary of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Horsemen's
Council of Illinois Fund and $2 to the Secretary of
State Special License Plate Fund.
(6) K9s for Veterans, NFP.
(A) Original issuance: $25; with $10 to the
Post-Traumatic Stress Disorder Awareness Fund and $15
to the Secretary of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Post-Traumatic
Stress Disorder Awareness Fund and $2 to the Secretary
of State Special License Plate Fund.
(7) (6) The International Association of Machinists
and Aerospace Workers.
(A) Original issuance: $35; with $20 to the Guide
Dogs of America Fund and $15 to the Secretary of State
Special License Plate Fund.
(B) Renewal: $25; with $23 going to the Guide Dogs
of America Fund and $2 to the Secretary of State

Special License Plate Fund.
(8) (7) Local Lodge 701 of the International
Association of Machinists and Aerospace Workers.
(A) Original issuance: $35; with $10 to the Guide
Dogs of America Fund, $10 to the Mechanics Training
Fund, and $15 to the Secretary of State Special
License Plate Fund.
(B) Renewal: $30; with $13 to the Guide Dogs of
America Fund, $15 to the Mechanics Training Fund, and
$2 to the Secretary of State Special License Plate
Fund.
(9) (6) Illinois Department of Human Services.
(A) Original issuance: $25; with $10 to the
Theresa Tracy Trot - Illinois CancerCare Foundation
Fund and $15 to the Secretary of State Special License
Plate Fund.
(B) Renewal: $25; with $23 to the Theresa Tracy
Trot - Illinois CancerCare Foundation Fund and $2 to
the Secretary of State Special License Plate Fund.
(10) (6) The Illinois Department of Human Services for
developmental disabilities awareness decals.
(A) Original issuance: $25; with $10 to the
Developmental Disabilities Awareness Fund and $15 to
the Secretary of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Developmental
Disabilities Awareness Fund and $2 to the Secretary of

State Special License Plate Fund.
(11) (6) The Illinois Department of Human Services for
pediatric cancer awareness decals.
(A) Original issuance: $25; with $10 to the
Pediatric Cancer Awareness Fund and $15 to the
Secretary of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Pediatric Cancer
Awareness Fund and $2 to the Secretary of State
Special License Plate Fund.
(f) The following funds are created as special funds in
the State treasury:
(1) The Roadside Monarch Habitat Fund. All moneys to
be paid as grants to the Illinois Department of Natural
Resources to fund roadside monarch and other pollinator
habitat development, enhancement, and restoration projects
in this State.
(2) The Prostate Cancer Awareness Fund. All moneys to
be paid as grants to the Prostate Cancer Foundation of
Chicago.
(3) The Horsemen's Council of Illinois Fund. All
moneys shall be paid as grants to the Horsemen's Council
of Illinois.
(4) The Post-Traumatic Stress Disorder Awareness Fund.
All money in the Post-Traumatic Stress Disorder Awareness
Fund shall be paid as grants to K9s for Veterans, NFP for
support, education, and awareness of veterans with

post-traumatic stress disorder.
(5) (4) The Guide Dogs of America Fund. All moneys
shall be paid as grants to the International Guiding Eyes,
Inc., doing business as Guide Dogs of America.
(6) (5) The Mechanics Training Fund. All moneys shall
be paid as grants to the Mechanics Local 701 Training
Fund.
(7) (4) The Theresa Tracy Trot - Illinois CancerCare
Foundation Fund. All money in the Theresa Tracy Trot -
Illinois CancerCare Foundation Fund shall be paid to the
Illinois CancerCare Foundation for the purpose of
furthering pancreatic cancer research.
(8) (4) The Developmental Disabilities Awareness Fund.
All moneys to be paid as grants to the Illinois Department
of Human Services to fund legal aid groups to assist with
guardianship fees for private citizens willing to become
guardians for individuals with developmental disabilities
but who are unable to pay the legal fees associated with
becoming a guardian.
(9) (4) The Pediatric Cancer Awareness Fund. All
moneys to be paid as grants to the Cancer Center at
Illinois for pediatric cancer treatment and research.
(Source: P.A. 100-57, eff. 1-1-18; 100-60, eff. 1-1-18;
100-78, eff. 1-1-18; 100-201, eff. 8-18-17; 100-863, eff.
8-14-18; 101-248, eff. 1-1-20; 101-256, eff. 1-1-20; 101-276,
eff. 8-9-19; 101-282, eff. 1-1-20; 101-372, eff. 1-1-20;

revised 9-24-19.)
(625 ILCS 5/3-699.17)
Sec. 3-699.17. Global War on Terrorism license plates.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary, may
issue Global War on Terrorism license plates to residents of
this State who have earned the Global War on Terrorism
Expeditionary Medal from the United States Armed Forces. The
special Global War on Terrorism plates issued under this
Section shall be affixed only to passenger vehicles of the
first division, including motorcycles, or motor vehicles of
the second division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the
multi-year procedure under Section 3-414.1 of this Code.
(b) The design, color, and format of the Global War on
Terrorism license plate shall be wholly within the discretion
of the Secretary. The Secretary may, in his or her discretion,
allow the Global War on Terrorism license plates to be issued
as vanity or personalized plates in accordance with Section
3-405.1 of this Code. Global War on Terrorism license plates
are not required to designate "Land of Lincoln", as prescribed
in subsection (b) of Section 3-412 of this Code. The Secretary
shall, in his or her discretion, approve and prescribe
stickers or decals as provided under Section 3-412.

(Source: P.A. 101-51, eff. 7-12-19.)
(625 ILCS 5/3-699.18)
Sec. 3-699.18 3-699.17. Cold War license plates.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary of
State, may issue Cold War license plates to residents of
Illinois who served in the United States Armed Forces between
August 15, 1945 and January 1, 1992. The special Cold War
plates issued under this Section shall be affixed only to
passenger vehicles of the first division, motorcycles, and
motor vehicles of the second division weighing not more than
8,000 pounds. Plates issued under this Section shall expire
according to the staggered multi-year procedure established by
Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be
wholly within the discretion of the Secretary of State. The
Secretary may, in his or her discretion, allow the plates to be
issued as vanity plates or personalized in accordance with
Section 3-405.1 of this Code. The plates are not required to
designate "Land of Lincoln", as prescribed in subsection (b)
of Section 3-412 of this Code. The Secretary shall, in his or
her discretion, approve and prescribe stickers or decals as
provided under Section 3-412.
(Source: P.A. 101-245, eff. 1-1-20; revised 10-23-19.)

(625 ILCS 5/3-699.21)
Sec. 3-699.21 3-699.17. United Nations Protection Force
license plates.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary of
State, may issue United Nations Protection Force license
plates to residents of this State who served in the United
Nations Protection Force in Yugoslavia. The special United
Nations Protection Force plate issued under this Section shall
be affixed only to passenger vehicles of the first division
and motor vehicles of the second division weighing not more
than 8,000 pounds. Plates issued under this Section shall
expire according to the staggered multi-year procedure
established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be
wholly within the discretion of the Secretary of State. The
Secretary may, in his or her discretion, allow the plates to be
issued as vanity plates or personalized in accordance with
Section 3-405.1 of this Code. The plates are not required to
designate "Land of Lincoln", as prescribed in subsection (b)
of Section 3-412 of this Code. The Secretary shall approve and
prescribe stickers or decals as provided under Section 3-412.
(c) An applicant shall be charged a $15 fee for original
issuance in addition to the applicable registration fee. This

additional fee shall be deposited into the Secretary of State
Special License Plate Fund. For each registration renewal
period, a $2 fee, in addition to the appropriate registration
fee, shall be charged and shall be deposited into the
Secretary of State Special License Plate Fund.
(Source: P.A. 101-247, eff. 1-1-20; revised 10-23-19.)
(625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)
Sec. 3-704. Authority of Secretary of State to suspend or
revoke a registration or certificate of title; authority to
suspend or revoke the registration of a vehicle.
(a) The Secretary of State may suspend or revoke the
registration of a vehicle or a certificate of title,
registration card, registration sticker or digital
registration sticker, registration plate or digital
registration plate, disability parking decal or device, or any
nonresident or other permit in any of the following events:
1. When the Secretary of State is satisfied that such
registration or that such certificate, card, plate or
digital plate, registration sticker or digital
registration sticker, or permit was fraudulently or
erroneously issued;
2. When a registered vehicle has been dismantled or
wrecked or is not properly equipped;
3. When the Secretary of State determines that any
required fees have not been paid to the Secretary of

State, to the Illinois Commerce Commission, or to the
Illinois Department of Revenue under the Motor Fuel Tax
Law, and the same are not paid upon reasonable notice and
demand;
4. When a registration card, registration plate or
digital registration plate, registration sticker or
digital registration sticker, or permit is knowingly
displayed upon a vehicle other than the one for which
issued;
5. When the Secretary of State determines that the
owner has committed any offense under this Chapter
involving the registration or the certificate, card, plate
or digital plate, registration sticker or digital
registration sticker, or permit to be suspended or
revoked;
6. When the Secretary of State determines that a
vehicle registered not-for-hire is used or operated
for-hire unlawfully, or used or operated for purposes
other than those authorized;
7. When the Secretary of State determines that an
owner of a for-hire motor vehicle has failed to give proof
of financial responsibility as required by this Act;
8. When the Secretary determines that the vehicle is
not subject to or eligible for a registration;
9. When the Secretary determines that the owner of a
vehicle registered under the mileage weight tax option

fails to maintain the records specified by law, or fails
to file the reports required by law, or that such vehicle
is not equipped with an operable and operating speedometer
or odometer;
10. When the Secretary of State is so authorized under
any other provision of law;
11. When the Secretary of State determines that the
holder of a disability parking decal or device has
committed any offense under Chapter 11 of this Code
involving the use of a disability parking decal or device.
(a-5) The Secretary of State may revoke a certificate of
title and registration card and issue a corrected certificate
of title and registration card, at no fee to the vehicle owner
or lienholder, if there is proof that the vehicle
identification number is erroneously shown on the original
certificate of title.
(b) The Secretary of State may suspend or revoke the
registration of a vehicle as follows:
1. When the Secretary of State determines that the
owner of a vehicle has not paid a civil penalty or a
settlement agreement arising from the violation of rules
adopted under the Illinois Motor Carrier Safety Law or the
Illinois Hazardous Materials Transportation Act or that a
vehicle, regardless of ownership, was the subject of
violations of these rules that resulted in a civil penalty
or settlement agreement which remains unpaid.

2. When the Secretary of State determines that a
vehicle registered for a gross weight of more than 16,000
pounds within an affected area is not in compliance with
the provisions of Section 13-109.1 of this the Illinois
Vehicle Code.
3. When the Secretary of State is notified by the
United States Department of Transportation that a vehicle
is in violation of the Federal Motor Carrier Safety
Regulations, as they are now or hereafter amended, and is
prohibited from operating.
(c) The Secretary of State may suspend the registration of
a vehicle when a court finds that the vehicle was used in a
violation of Section 24-3A of the Criminal Code of 1961 or the
Criminal Code of 2012 relating to gunrunning. A suspension of
registration under this subsection (c) may be for a period of
up to 90 days.
(d) The Secretary shall deny, suspend, or revoke
registration if the applicant fails to disclose material
information required, if the applicant has made a materially
false statement on the application, if the applicant has
applied as a subterfuge for the real party in interest who has
been issued a federal out-of-service order, or if the
applicant's business is operated by, managed by, or otherwise
controlled by or affiliated with a person who is ineligible
for registration, including the applicant entity, a relative,
family member, corporate officer, or shareholder. The

Secretary shall deny, suspend, or revoke registration for
either (i) a vehicle if the motor carrier responsible for the
safety of the vehicle has been prohibited from operating by
the Federal Motor Carrier Safety Administration; or (ii) a
carrier whose business is operated by, managed by, or
otherwise controlled by or affiliated with a person who is
ineligible for registration, which may include the owner, a
relative, family member, corporate officer, or shareholder of
the carrier.
(Source: P.A. 101-185, eff. 1-1-20; 101-395, eff. 8-16-19;
revised 9-24-19.)
(625 ILCS 5/3-802) (from Ch. 95 1/2, par. 3-802)
Sec. 3-802. Reclassifications and upgrades.
(a) Definitions. For the purposes of this Section, the
following words shall have the meanings ascribed to them as
follows:
"Reclassification" means changing the registration of
a vehicle from one plate category to another.
"Upgrade" means increasing the registered weight of a
vehicle within the same plate category.
(b) When reclassing the registration of a vehicle from one
plate category to another, the owner shall receive credit for
the unused portion of the present plate and be charged the
current portion fees for the new plate. In addition, the
appropriate replacement plate and replacement sticker fees

shall be assessed.
(b-5) Beginning with the 2019 registration year, any
individual who has a registration issued under either Section
3-405 or 3-405.1 that qualifies for a special license plate
under Section 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623,
3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650,
3-651, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680,
3-681, 3-683, 3-686, 3-688, 3-693, 3-698, 3-699.12, or
3-699.17 may reclass his or her registration upon acquiring a
special license plate listed in this subsection (b-5) without
a replacement plate or digital plate fee or registration
sticker or digital registration sticker cost.
(b-10) Beginning with the 2019 registration year, any
individual who has a special license plate issued under
Section 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624,
3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651,
3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 3-681,
3-683, 3-686, 3-688, 3-693, 3-698, 3-699.12, or 3-699.17 may
reclass his or her special license plate upon acquiring a new
registration under Section 3-405 or 3-405.1 without a
replacement plate or digital plate fee or registration sticker
or digital registration sticker cost.
(c) When upgrading the weight of a registration within the
same plate category, the owner shall pay the difference in
current period fees between the 2 two plates. In addition, the
appropriate replacement plate and replacement sticker fees

shall be assessed. In the event new plates are not required,
the corrected registration card fee shall be assessed.
(d) In the event the owner of the vehicle desires to change
the registered weight and change the plate category, the owner
shall receive credit for the unused portion of the
registration fee of the current plate and pay the current
portion of the registration fee for the new plate, and in
addition, pay the appropriate replacement plate and
replacement sticker fees.
(e) Reclassing from one plate category to another plate
category can be done only once within any registration period.
(f) No refunds shall be made in any of the circumstances
found in subsection (b), subsection (c), or subsection (d);
however, when reclassing from a flat weight plate to an
apportioned plate, a refund may be issued if the credit
amounts to an overpayment.
(g) In the event the registration of a vehicle registered
under the mileage tax option is revoked, the owner shall be
required to pay the annual registration fee in the new plate
category and shall not receive any credit for the mileage
plate fees.
(h) Certain special interest plates may be displayed on
first division vehicles, second division vehicles weighing
8,000 pounds or less, and recreational vehicles. Those plates
can be transferred within those vehicle groups.
(i) Plates displayed on second division vehicles weighing

8,000 pounds or less and passenger vehicle plates may be
reclassed from one division to the other.
(j) Other than in subsection (i), reclassing from one
division to the other division is prohibited. In addition, a
reclass from a motor vehicle to a trailer or a trailer to a
motor vehicle is prohibited.
(Source: P.A. 100-246, eff. 1-1-18; 100-450, eff. 1-1-18;
100-863, eff. 8-14-18; 101-51, eff. 7-12-19; 101-395, eff.
8-16-19; revised 9-24-19.)
(625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3)
Sec. 3-806.3. Senior citizens. Commencing with the 2009
registration year, the registration fee paid by any vehicle
owner who has been approved for benefits under the Senior
Citizens and Persons with Disabilities Property Tax Relief Act
or who is the spouse of such a person shall be $24 instead of
the fee otherwise provided in this Code for passenger cars
displaying standard multi-year registration plates or digital
registration plates issued under Section 3-414.1, motor
vehicles displaying special registration plates or digital
registration plates issued under Section 3-609, 3-616, 3-621,
3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645,
3-647, 3-650, 3-651, 3-663, or 3-699.17, motor vehicles
registered at 8,000 pounds or less under Section 3-815(a), and
recreational vehicles registered at 8,000 pounds or less under
Section 3-815(b). Widows and widowers of claimants shall also

be entitled to this reduced registration fee for the
registration year in which the claimant was eligible.
Commencing with the 2009 registration year, the
registration fee paid by any vehicle owner who has claimed and
received a grant under the Senior Citizens and Persons with
Disabilities Property Tax Relief Act or who is the spouse of
such a person shall be $24 instead of the fee otherwise
provided in this Code for passenger cars displaying standard
multi-year registration plates or digital registration plates
issued under Section 3-414.1, motor vehicles displaying
special registration plates or digital registration plates
issued under Section 3-607, 3-609, 3-616, 3-621, 3-622, 3-623,
3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650,
3-651, 3-663, 3-664, or 3-699.17, motor vehicles registered at
8,000 pounds or less under Section 3-815(a), and recreational
vehicles registered at 8,000 pounds or less under Section
3-815(b). Widows and widowers of claimants shall also be
entitled to this reduced registration fee for the registration
year in which the claimant was eligible.
Commencing with the 2017 registration year, the reduced
fee under this Section shall apply to any special registration
plate or digital registration plate authorized in Article VI
of Chapter 3 of this Code for which the applicant would
otherwise be eligible.
Surcharges for vehicle registrations under Section 3-806
of this Code shall not be collected from any vehicle owner who

has been approved for benefits under the Senior Citizens and
Disabled Persons Property Tax Relief Act or a person who is the
spouse of such a person.
No more than one reduced registration fee under this
Section shall be allowed during any 12-month period based on
the primary eligibility of any individual, whether such
reduced registration fee is allowed to the individual or to
the spouse, widow or widower of such individual. This Section
does not apply to the fee paid in addition to the registration
fee for motor vehicles displaying vanity, personalized, or
special license plates.
(Source: P.A. 101-51, eff. 7-12-19; 101-395, eff. 8-16-19;
revised 9-24-19.)
(625 ILCS 5/4-104) (from Ch. 95 1/2, par. 4-104)
Sec. 4-104. Offenses relating to possession of titles and
registration.
(a) It is a violation of this Chapter for:
1. A person to possess without authority any
manufacturer's manufacturers statement of origin,
certificate of title, salvage certificate, junking
certificate, display certificate of title, registration
card, license plate or digital license plate, registration
sticker or digital registration sticker, or temporary
registration permit, whether blank or otherwise;
2. A person to possess any manufacturer's

manufacturers certificate of origin, salvage certificate,
junking certificate, certificate of title, or display
certificate without complete assignment;
3. A person to possess any manufacturer's
manufacturers statement of origin, salvage certificate,
junking certificate, display certificate or certificate of
title, temporary registration permit, registration card,
license plate or digital license plate, or registration
sticker or digital registration sticker knowing it to have
been stolen, converted, altered, forged, or counterfeited;
4. A person to display or affix to a vehicle any
certificate of title, manufacturer's manufacturers
statement of origin, salvage certificate, junking
certificate, display certificate, temporary registration
permit, registration card, license plate or digital
license plate, or registration sticker or digital
registration sticker not authorized by law for use on such
vehicle;
5. A person to permit another, not entitled thereto,
to use or have possession of any manufacturer's
manufacturers statement of origin, salvage certificate,
junking certificate, display certificate or certificate of
title, registration card, license plate or digital license
plate, temporary registration permit, or registration
sticker or digital registration sticker;
6. A person to fail to mail or deliver to the proper

person, within a reasonable period of time after receipt
from the Secretary of State, any certificate of title,
salvage certificate, junking certificate, display
certificate, registration card, temporary registration
permit, license plate or digital license plate, or
registration sticker or digital registration sticker. If a
person mails or delivers reasonable notice to the proper
person after receipt from the Secretary of State, a
presumption of delivery within a reasonable period of time
shall exist; provided, however, the delivery is made,
either by mail or otherwise, within 20 days from the date
of receipt from the Secretary of State.
(b) Sentence:
1. A person convicted of a violation of subsection 1
or 2 of paragraph (a) of this Section is guilty of a Class
4 felony.
2. A person convicted of a violation of subsection 3
of paragraph (a) of this Section is guilty of a Class 2
felony.
3. A person convicted of a violation of either
subsection 4 or 5 of paragraph (a) of this Section is
guilty of a Class A misdemeanor and upon a second or
subsequent conviction of such a violation is guilty of a
Class 4 felony.
4. A person convicted of a violation of subsection 6
of paragraph (a) of this Section is guilty of a petty

offense.
(Source: P.A. 101-395, eff. 8-16-19; revised 8-18-20.)
(625 ILCS 5/4-105) (from Ch. 95 1/2, par. 4-105)
Sec. 4-105. Offenses relating to disposition of titles and
registration.
(a) It is a violation of this Chapter for:
1. a person to alter, forge, or counterfeit any
manufacturer's manufacturers statement of origin,
certificate of title, salvage certificate, junking
certificate, display certificate, registration sticker or
digital registration sticker, registration card, or
temporary registration permit;
2. a person to alter, forge, or counterfeit an
assignment of any manufacturer's manufacturers statement
of origin, certificate of title, salvage certificate or
junking certificate;
3. a person to alter, forge, or counterfeit a release
of a security interest on any manufacturer's manufacturers
statement of origin, certificate of title, salvage
certificate or junking certificate;
4. a person to alter, forge, or counterfeit an
application for any certificate of title, salvage
certificate, junking certificate, display certificate,
registration sticker or digital registration sticker,
registration card, temporary registration permit or

license plate;
5. a person to use a false or fictitious name or
address or altered, forged, counterfeited or stolen
manufacturer's identification number, or make a material
false statement, or fail to disclose a security interest,
or conceal any other material fact on any application for
any manufacturer's manufacturers statement of origin,
certificate of title, junking certificate, salvage
certificate, registration card, license plate or digital
license plate, temporary registration permit, or
registration sticker or digital registration sticker, or
commit a fraud in connection with any application under
this Act;
6. an unauthorized person to have in his possession a
blank Illinois certificate of title paper;
7. a person to surrender or cause to be surrendered
any certificate of title, salvage or junking certificate
in exchange for a certificate of title or other title
document from any other state or foreign jurisdiction for
the purpose of changing or deleting an "S.V." or "REBUILT"
notation, odometer reading, or any other information
contained on such Illinois certificate.
(b) Sentence. : A person convicted of a violation of this
Section shall be guilty of a Class 2 felony.
(Source: P.A. 101-395, eff. 8-16-19; revised 8-18-20.)

(625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
Sec. 6-106. Application for license or instruction permit.
(a) Every application for any permit or license authorized
to be issued under this Code shall be made upon a form
furnished by the Secretary of State. Every application shall
be accompanied by the proper fee and payment of such fee shall
entitle the applicant to not more than 3 attempts to pass the
examination within a period of one year after the date of
application.
(b) Every application shall state the legal name, social
security number, zip code, date of birth, sex, and residence
address of the applicant; briefly describe the applicant;
state whether the applicant has theretofore been licensed as a
driver, and, if so, when and by what state or country, and
whether any such license has ever been cancelled, suspended,
revoked or refused, and, if so, the date and reason for such
cancellation, suspension, revocation or refusal; shall include
an affirmation by the applicant that all information set forth
is true and correct; and shall bear the applicant's signature.
In addition to the residence address, the Secretary may allow
the applicant to provide a mailing address. In the case of an
applicant who is a judicial officer or peace officer, the
Secretary may allow the applicant to provide an office or work
address in lieu of a residence or mailing address. The
application form may also require the statement of such
additional relevant information as the Secretary of State

shall deem necessary to determine the applicant's competency
and eligibility. The Secretary of State may, in his
discretion, by rule or regulation, provide that an application
for a drivers license or permit may include a suitable
photograph of the applicant in the form prescribed by the
Secretary, and he may further provide that each drivers
license shall include a photograph of the driver. The
Secretary of State may utilize a photograph process or system
most suitable to deter alteration or improper reproduction of
a drivers license and to prevent substitution of another photo
thereon. For the purposes of this subsection (b), "peace
officer" means any person who by virtue of his or her office or
public employment is vested by law with a duty to maintain
public order or to make arrests for a violation of any penal
statute of this State, whether that duty extends to all
violations or is limited to specific violations.
(b-3) Upon the first issuance of a request for proposals
for a digital driver's license and identification card
issuance and facial recognition system issued after January 1,
2020 (the effective date of Public Act 101-513) this
amendatory Act of the 101st General Assembly, and upon
implementation of a new or revised system procured pursuant to
that request for proposals, the Secretary shall permit
applicants to choose between "male", "female" or "non-binary"
when designating the applicant's sex on the driver's license
application form. The sex designated by the applicant shall be

displayed on the driver's license issued to the applicant.
(b-5) Every applicant for a REAL ID compliant driver's
license or permit shall provide proof of lawful status in the
United States as defined in 6 CFR 37.3, as amended. Applicants
who are unable to provide the Secretary with proof of lawful
status may apply for a driver's license or permit under
Section 6-105.1 of this Code.
(c) The application form shall include a notice to the
applicant of the registration obligations of sex offenders
under the Sex Offender Registration Act. The notice shall be
provided in a form and manner prescribed by the Secretary of
State. For purposes of this subsection (c), "sex offender" has
the meaning ascribed to it in Section 2 of the Sex Offender
Registration Act.
(d) Any male United States citizen or immigrant who
applies for any permit or license authorized to be issued
under this Code or for a renewal of any permit or license, and
who is at least 18 years of age but less than 26 years of age,
must be registered in compliance with the requirements of the
federal Military Selective Service Act. The Secretary of State
must forward in an electronic format the necessary personal
information regarding the applicants identified in this
subsection (d) to the Selective Service System. The
applicant's signature on the application serves as an
indication that the applicant either has already registered
with the Selective Service System or that he is authorizing

the Secretary to forward to the Selective Service System the
necessary information for registration. The Secretary must
notify the applicant at the time of application that his
signature constitutes consent to registration with the
Selective Service System, if he is not already registered.
(e) Beginning on or before July 1, 2015, for each original
or renewal driver's license application under this Code, the
Secretary shall inquire as to whether the applicant is a
veteran for purposes of issuing a driver's license with a
veteran designation under subsection (e-5) of Section 6-110 of
this Code. The acceptable forms of proof shall include, but
are not limited to, Department of Defense form DD-214,
Department of Defense form DD-256 for applicants who did not
receive a form DD-214 upon the completion of initial basic
training, Department of Defense form DD-2 (Retired), an
identification card issued under the federal Veterans
Identification Card Act of 2015, or a United States Department
of Veterans Affairs summary of benefits letter. If the
document cannot be stamped, the Illinois Department of
Veterans' Affairs shall provide a certificate to the veteran
to provide to the Secretary of State. The Illinois Department
of Veterans' Affairs shall advise the Secretary as to what
other forms of proof of a person's status as a veteran are
acceptable.
For each applicant who is issued a driver's license with a
veteran designation, the Secretary shall provide the

Department of Veterans' Affairs with the applicant's name,
address, date of birth, gender and such other demographic
information as agreed to by the Secretary and the Department.
The Department may take steps necessary to confirm the
applicant is a veteran. If after due diligence, including
writing to the applicant at the address provided by the
Secretary, the Department is unable to verify the applicant's
veteran status, the Department shall inform the Secretary, who
shall notify the applicant that the he or she must confirm
status as a veteran, or the driver's license will be
cancelled.
For purposes of this subsection (e):
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or
National Guard unit.
"Veteran" means a person who has served in the armed
forces and was discharged or separated under honorable
conditions.
(Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;
100-811, eff. 1-1-19; 101-106, eff. 1-1-20; 101-287, eff.
8-9-19; 101-513, eff. 1-1-20; revised 8-24-20.)
(625 ILCS 5/6-206)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; right to a hearing.
(a) The Secretary of State is authorized to suspend or

revoke the driving privileges of any person without
preliminary hearing upon a showing of the person's records or
other sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required
upon conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12-month 12 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in motor
vehicle collisions or has been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in injury
requiring immediate professional treatment in a medical
facility or doctor's office to any person, except that any
suspension or revocation imposed by the Secretary of State
under the provisions of this subsection shall start no
later than 6 months after being convicted of violating a

law or ordinance regulating the movement of traffic, which
violation is related to the accident, or shall start not
more than one year after the date of the accident,
whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an examination
provided for by Section 6-207 or has failed to pass the
examination;
8. Is ineligible for a driver's license or permit
under the provisions of Section 6-103;
9. Has made a false statement or knowingly concealed a
material fact or has used false information or
identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of
this State when the person's driving privilege or
privilege to obtain a driver's license or permit was
revoked or suspended unless the operation was authorized

by a monitoring device driving permit, judicial driving
permit issued prior to January 1, 2009, probationary
license to drive, or a restricted driving permit issued
under this Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services of
another person to submit to any portion of the application
process for the purpose of obtaining a license,
identification card, or permit for some other person;
13. Has operated a motor vehicle upon a highway of
this State when the person's driver's license or permit
was invalid under the provisions of Sections 6-107.1 and
6-110;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
14B of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of
the Criminal Code of 1961 or the Criminal Code of 2012
relating to criminal trespass to vehicles if the person
exercised actual physical control over the vehicle during
the commission of the offense, in which case the
suspension shall be for one year;
16. Has been convicted of violating Section 11-204 of
this Code relating to fleeing from a peace officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the

person has not sought a hearing as provided for in Section
11-501.1;
18. (Blank);
19. Has committed a violation of paragraph (a) or (b)
of Section 6-101 relating to driving without a driver's
license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402 of
this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
the Criminal Code of 1961 or the Criminal Code of 2012
relating to unlawful use of weapons, in which case the
suspension shall be for one year;
23. Has, as a driver, been convicted of committing a
violation of paragraph (a) of Section 11-502 of this Code
for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or punished
by non-judicial punishment by military authorities of the
United States at a military installation in Illinois or in
another state of or for a traffic-related traffic related
offense that is the same as or similar to an offense

specified under Section 6-205 or 6-206 of this Code;
25. Has permitted any form of identification to be
used by another in the application process in order to
obtain or attempt to obtain a license, identification
card, or permit;
26. Has altered or attempted to alter a license or has
possessed an altered license, identification card, or
permit;
27. (Blank);
28. Has been convicted for a first time of the illegal
possession, while operating or in actual physical control,
as a driver, of a motor vehicle, of any controlled
substance prohibited under the Illinois Controlled
Substances Act, any cannabis prohibited under the Cannabis
Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act, in
which case the person's driving privileges shall be
suspended for one year. Any defendant found guilty of this
offense while operating a motor vehicle, shall have an
entry made in the court record by the presiding judge that
this offense did occur while the defendant was operating a
motor vehicle and order the clerk of the court to report
the violation to the Secretary of State;
29. Has been convicted of the following offenses that
were committed while the person was operating or in actual
physical control, as a driver, of a motor vehicle:

criminal sexual assault, predatory criminal sexual assault
of a child, aggravated criminal sexual assault, criminal
sexual abuse, aggravated criminal sexual abuse, juvenile
pimping, soliciting for a juvenile prostitute, promoting
juvenile prostitution as described in subdivision (a)(1),
(a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code
of 1961 or the Criminal Code of 2012, and the manufacture,
sale or delivery of controlled substances or instruments
used for illegal drug use or abuse in which case the
driver's driving privileges shall be suspended for one
year;
30. Has been convicted a second or subsequent time for
any combination of the offenses named in paragraph 29 of
this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by
Section 11-501.6 of this Code or Section 5-16c of the Boat
Registration and Safety Act or has submitted to a test
resulting in an alcohol concentration of 0.08 or more or
any amount of a drug, substance, or compound resulting
from the unlawful use or consumption of cannabis as listed
in the Cannabis Control Act, a controlled substance as
listed in the Illinois Controlled Substances Act, an
intoxicating compound as listed in the Use of Intoxicating
Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, in

which case the penalty shall be as prescribed in Section
6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 or the Criminal Code of 2012
relating to the aggravated discharge of a firearm if the
offender was located in a motor vehicle at the time the
firearm was discharged, in which case the suspension shall
be for 3 years;
33. Has as a driver, who was less than 21 years of age
on the date of the offense, been convicted a first time of
a violation of paragraph (a) of Section 11-502 of this
Code or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5 of
this Code or a similar provision of a local ordinance;
35. Has committed a violation of Section 11-1301.6 of
this Code or a similar provision of a local ordinance;
36. Is under the age of 21 years at the time of arrest
and has been convicted of not less than 2 offenses against
traffic regulations governing the movement of vehicles
committed within any 24-month 24 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
37. Has committed a violation of subsection (c) of
Section 11-907 of this Code that resulted in damage to the
property of another or the death or injury of another;
38. Has been convicted of a violation of Section 6-20

of the Liquor Control Act of 1934 or a similar provision of
a local ordinance and the person was an occupant of a motor
vehicle at the time of the violation;
39. Has committed a second or subsequent violation of
Section 11-1201 of this Code;
40. Has committed a violation of subsection (a-1) of
Section 11-908 of this Code;
41. Has committed a second or subsequent violation of
Section 11-605.1 of this Code, a similar provision of a
local ordinance, or a similar violation in any other state
within 2 years of the date of the previous violation, in
which case the suspension shall be for 90 days;
42. Has committed a violation of subsection (a-1) of
Section 11-1301.3 of this Code or a similar provision of a
local ordinance;
43. Has received a disposition of court supervision
for a violation of subsection (a), (d), or (e) of Section
6-20 of the Liquor Control Act of 1934 or a similar
provision of a local ordinance and the person was an
occupant of a motor vehicle at the time of the violation,
in which case the suspension shall be for a period of 3
months;
44. Is under the age of 21 years at the time of arrest
and has been convicted of an offense against traffic
regulations governing the movement of vehicles after
having previously had his or her driving privileges

suspended or revoked pursuant to subparagraph 36 of this
Section;
45. Has, in connection with or during the course of a
formal hearing conducted under Section 2-118 of this Code:
(i) committed perjury; (ii) submitted fraudulent or
falsified documents; (iii) submitted documents that have
been materially altered; or (iv) submitted, as his or her
own, documents that were in fact prepared or composed for
another person;
46. Has committed a violation of subsection (j) of
Section 3-413 of this Code;
47. Has committed a violation of subsection (a) of
Section 11-502.1 of this Code;
48. Has submitted a falsified or altered medical
examiner's certificate to the Secretary of State or
provided false information to obtain a medical examiner's
certificate; or
49. Has committed a violation of subsection (b-5) of
Section 12-610.2 that resulted in great bodily harm,
permanent disability, or disfigurement, in which case the
driving privileges shall be suspended for 12 months; or .
50. 49. Has been convicted of a violation of Section
11-1002 or 11-1002.5 that resulted in a Type A injury to
another, in which case the person's driving privileges
shall be suspended for 12 months.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,

and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license
is deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license, or a temporary driver's
license.
(b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be,
provided that a certified copy of a stay order of a court is
filed with the Secretary of State. If the conviction is
affirmed on appeal, the date of the conviction shall relate
back to the time the original judgment of conviction was
entered and the 6-month 6 month limitation prescribed shall
not apply.
(c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
2. If the Secretary of State suspends the driver's license
of a person under subsection 2 of paragraph (a) of this
Section, a person's privilege to operate a vehicle as an
occupation shall not be suspended, provided an affidavit is

properly completed, the appropriate fee received, and a permit
issued prior to the effective date of the suspension, unless 5
offenses were committed, at least 2 of which occurred while
operating a commercial vehicle in connection with the driver's
regular occupation. All other driving privileges shall be
suspended by the Secretary of State. Any driver prior to
operating a vehicle for occupational purposes only must submit
the affidavit on forms to be provided by the Secretary of State
setting forth the facts of the person's occupation. The
affidavit shall also state the number of offenses committed
while operating a vehicle in connection with the driver's
regular occupation. The affidavit shall be accompanied by the
driver's license. Upon receipt of a properly completed
affidavit, the Secretary of State shall issue the driver a
permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended as set
forth in the notice that was mailed under this Section. If an
affidavit is received subsequent to the effective date of this
suspension, a permit may be issued for the remainder of the
suspension period.
The provisions of this subparagraph shall not apply to any
driver required to possess a CDL for the purpose of operating a
commercial motor vehicle.
Any person who falsely states any fact in the affidavit

required herein shall be guilty of perjury under Section 6-302
and upon conviction thereof shall have all driving privileges
revoked without further rights.
3. At the conclusion of a hearing under Section 2-118 of
this Code, the Secretary of State shall either rescind or
continue an order of revocation or shall substitute an order
of suspension; or, good cause appearing therefor, rescind,
continue, change, or extend the order of suspension. If the
Secretary of State does not rescind the order, the Secretary
may upon application, to relieve undue hardship (as defined by
the rules of the Secretary of State), issue a restricted
driving permit granting the privilege of driving a motor
vehicle between the petitioner's residence and petitioner's
place of employment or within the scope of the petitioner's
employment-related employment related duties, or to allow the
petitioner to transport himself or herself, or a family member
of the petitioner's household to a medical facility, to
receive necessary medical care, to allow the petitioner to
transport himself or herself to and from alcohol or drug
remedial or rehabilitative activity recommended by a licensed
service provider, or to allow the petitioner to transport
himself or herself or a family member of the petitioner's
household to classes, as a student, at an accredited
educational institution, or to allow the petitioner to
transport children, elderly persons, or persons with
disabilities who do not hold driving privileges and are living

in the petitioner's household to and from daycare. The
petitioner must demonstrate that no alternative means of
transportation is reasonably available and that the petitioner
will not endanger the public safety or welfare.
(A) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating
Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, where the use of alcohol or other drugs is
recited as an element of the offense, or a similar
out-of-state offense, or a combination of these offenses,
arising out of separate occurrences, that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(B) If a person's license or permit is revoked or
suspended 2 or more times due to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense or Section
9-3 of the Criminal Code of 1961 or the Criminal Code
of 2012, where the use of alcohol or other drugs is
recited as an element of the offense, or a similar
out-of-state offense; or
(ii) a statutory summary suspension or revocation

under Section 11-501.1; or
(iii) a suspension under Section 6-203.1;
arising out of separate occurrences; that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(B-5) If a person's license or permit is revoked or
suspended due to a conviction for a violation of
subparagraph (C) or (F) of paragraph (1) of subsection (d)
of Section 11-501 of this Code, or a similar provision of a
local ordinance or similar out-of-state offense, that
person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(C) The person issued a permit conditioned upon the
use of an ignition interlock device must pay to the
Secretary of State DUI Administration Fund an amount not
to exceed $30 per month. The Secretary shall establish by
rule the amount and the procedures, terms, and conditions
relating to these fees.
(D) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the operation
of an occupational vehicle owned or leased by that
person's employer when used solely for employment

purposes. For any person who, within a 5-year period, is
convicted of a second or subsequent offense under Section
11-501 of this Code, or a similar provision of a local
ordinance or similar out-of-state offense, this employment
exemption does not apply until either a one-year period
has elapsed during which that person had his or her
driving privileges revoked or a one-year period has
elapsed during which that person had a restricted driving
permit which required the use of an ignition interlock
device on every motor vehicle owned or operated by that
person.
(E) In each case the Secretary may issue a restricted
driving permit for a period deemed appropriate, except
that all permits shall expire no later than 2 years from
the date of issuance. A restricted driving permit issued
under this Section shall be subject to cancellation,
revocation, and suspension by the Secretary of State in
like manner and for like cause as a driver's license
issued under this Code may be cancelled, revoked, or
suspended; except that a conviction upon one or more
offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for
the revocation, suspension, or cancellation of a
restricted driving permit. The Secretary of State may, as
a condition to the issuance of a restricted driving
permit, require the applicant to participate in a

designated driver remedial or rehabilitative program. The
Secretary of State is authorized to cancel a restricted
driving permit if the permit holder does not successfully
complete the program.
(F) A person subject to the provisions of paragraph 4
of subsection (b) of Section 6-208 of this Code may make
application for a restricted driving permit at a hearing
conducted under Section 2-118 of this Code after the
expiration of 5 years from the effective date of the most
recent revocation or after 5 years from the date of
release from a period of imprisonment resulting from a
conviction of the most recent offense, whichever is later,
provided the person, in addition to all other requirements
of the Secretary, shows by clear and convincing evidence:
(i) a minimum of 3 years of uninterrupted
abstinence from alcohol and the unlawful use or
consumption of cannabis under the Cannabis Control
Act, a controlled substance under the Illinois
Controlled Substances Act, an intoxicating compound
under the Use of Intoxicating Compounds Act, or
methamphetamine under the Methamphetamine Control and
Community Protection Act; and
(ii) the successful completion of any
rehabilitative treatment and involvement in any
ongoing rehabilitative activity that may be
recommended by a properly licensed service provider

according to an assessment of the person's alcohol or
drug use under Section 11-501.01 of this Code.
In determining whether an applicant is eligible for a
restricted driving permit under this subparagraph (F), the
Secretary may consider any relevant evidence, including,
but not limited to, testimony, affidavits, records, and
the results of regular alcohol or drug tests. Persons
subject to the provisions of paragraph 4 of subsection (b)
of Section 6-208 of this Code and who have been convicted
of more than one violation of paragraph (3), paragraph
(4), or paragraph (5) of subsection (a) of Section 11-501
of this Code shall not be eligible to apply for a
restricted driving permit under this subparagraph (F).
A restricted driving permit issued under this
subparagraph (F) shall provide that the holder may only
operate motor vehicles equipped with an ignition interlock
device as required under paragraph (2) of subsection (c)
of Section 6-205 of this Code and subparagraph (A) of
paragraph 3 of subsection (c) of this Section. The
Secretary may revoke a restricted driving permit or amend
the conditions of a restricted driving permit issued under
this subparagraph (F) if the holder operates a vehicle
that is not equipped with an ignition interlock device, or
for any other reason authorized under this Code.
A restricted driving permit issued under this
subparagraph (F) shall be revoked, and the holder barred

from applying for or being issued a restricted driving
permit in the future, if the holder is convicted of a
violation of Section 11-501 of this Code, a similar
provision of a local ordinance, or a similar offense in
another state.
(c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
(c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's
license will be suspended one month after the date of the
mailing of the notice.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he

or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
(d) This Section is subject to the provisions of the
Driver Drivers License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(f) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been suspended, revoked,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20;
101-470, eff. 7-1-20; 101-623, eff. 7-1-20; revised 1-4-21.)
(625 ILCS 5/6-209.1)
Sec. 6-209.1. Restoration of driving privileges;
revocation; suspension; cancellation. The Secretary shall
rescind the suspension or cancellation of a person's driver's
license that has been suspended or canceled before July 1,
2020 (the effective date of Public Act 101-623) this
amendatory Act of the 101st General Assembly due to:
(1) the person being convicted of theft of motor fuel

under Section Sections 16-25 or 16K-15 of the Criminal
Code of 1961 or the Criminal Code of 2012;
(2) the person, since the issuance of the driver's
license, being adjudged to be afflicted with or suffering
from any mental disability or disease;
(3) a violation of Section 6-16 of the Liquor Control
Act of 1934 or a similar provision of a local ordinance;
(4) the person being convicted of a violation of
Section 6-20 of the Liquor Control Act of 1934 or a similar
provision of a local ordinance, if the person presents a
certified copy of a court order that includes a finding
that the person was not an occupant of a motor vehicle at
the time of the violation;
(5) the person receiving a disposition of court
supervision for a violation of subsection subsections (a),
(d), or (e) of Section 6-20 of the Liquor Control Act of
1934 or a similar provision of a local ordinance, if the
person presents a certified copy of a court order that
includes a finding that the person was not an occupant of a
motor vehicle at the time of the violation;
(6) the person failing to pay any fine or penalty due
or owing as a result of 10 or more violations of a
municipality's or county's vehicular standing, parking, or
compliance regulations established by ordinance under
Section 11-208.3 of this Code;
(7) the person failing to satisfy any fine or penalty

resulting from a final order issued by the Illinois State
Toll Highway Authority relating directly or indirectly to
5 or more toll violations, toll evasions, or both;
(8) the person being convicted of a violation of
Section 4-102 of this Code, if the person presents a
certified copy of a court order that includes a finding
that the person did not exercise actual physical control
of the vehicle at the time of the violation; or
(9) the person being convicted of criminal trespass to
vehicles under Section 21-2 of the Criminal Code of 2012,
if the person presents a certified copy of a court order
that includes a finding that the person did not exercise
actual physical control of the vehicle at the time of the
violation.
(Source: P.A. 101-623, eff. 7-1-20; revised 8-18-20.)
(625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
Sec. 6-306.5. Failure to pay fine or penalty for standing,
parking, compliance, automated speed enforcement system, or
automated traffic law violations; suspension of driving
privileges.
(a) Upon receipt of a certified report, as prescribed by
subsection (c) of this Section, from any municipality or
county stating that the owner of a registered vehicle has
failed to pay any fine or penalty due and owing as a result of
5 offenses for automated speed enforcement system violations

or automated traffic violations as defined in Sections
11-208.6, 11-208.8, 11-208.9, or 11-1201.1, or combination
thereof, or (3) is more than 14 days in default of a payment
plan pursuant to which a suspension had been terminated under
subsection (c) of this Section, the Secretary of State shall
suspend the driving privileges of such person in accordance
with the procedures set forth in this Section. The Secretary
shall also suspend the driving privileges of an owner of a
registered vehicle upon receipt of a certified report, as
prescribed by subsection (f) of this Section, from any
municipality or county stating that such person has failed to
satisfy any fines or penalties imposed by final judgments for
5 or more automated speed enforcement system or automated
traffic law violations, or combination thereof, after
exhaustion of judicial review procedures.
(b) Following receipt of the certified report of the
municipality or county as specified in this Section, the
Secretary of State shall notify the person whose name appears
on the certified report that the person's driver's drivers
license will be suspended at the end of a specified period of
time unless the Secretary of State is presented with a notice
from the municipality or county certifying that the fine or
penalty due and owing the municipality or county has been paid
or that inclusion of that person's name on the certified
report was in error. The Secretary's notice shall state in
substance the information contained in the municipality's or

county's certified report to the Secretary, and shall be
effective as specified by subsection (c) of Section 6-211 of
this Code.
(c) The report of the appropriate municipal or county
official notifying the Secretary of State of unpaid fines or
penalties pursuant to this Section shall be certified and
shall contain the following:
(1) The name, last known address as recorded with the
Secretary of State, as provided by the lessor of the cited
vehicle at the time of lease, or as recorded in a United
States Post Office approved database if any notice sent
under Section 11-208.3 of this Code is returned as
undeliverable, and driver's drivers license number of the
person who failed to pay the fine or penalty or who has
defaulted in a payment plan and the registration number of
any vehicle known to be registered to such person in this
State.
(2) The name of the municipality or county making the
report pursuant to this Section.
(3) A statement that the municipality or county sent a
notice of impending driver's drivers license suspension as
prescribed by ordinance enacted pursuant to Section
11-208.3 of this Code or a notice of default in a payment
plan, to the person named in the report at the address
recorded with the Secretary of State or at the last
address known to the lessor of the cited vehicle at the

time of lease or, if any notice sent under Section
11-208.3 of this Code is returned as undeliverable, at the
last known address recorded in a United States Post Office
approved database; the date on which such notice was sent;
and the address to which such notice was sent. In a
municipality or county with a population of 1,000,000 or
more, the report shall also include a statement that the
alleged violator's State vehicle registration number and
vehicle make, if specified on the automated speed
enforcement system violation or automated traffic law
violation notice, are correct as they appear on the
citations.
(4) A unique identifying reference number for each
request of suspension sent whenever a person has failed to
pay the fine or penalty or has defaulted on a payment plan.
(d) Any municipality or county making a certified report
to the Secretary of State pursuant to this Section shall
notify the Secretary of State, in a form prescribed by the
Secretary, whenever a person named in the certified report has
paid the previously reported fine or penalty, whenever a
person named in the certified report has entered into a
payment plan pursuant to which the municipality or county has
agreed to terminate the suspension, or whenever the
municipality or county determines that the original report was
in error. A certified copy of such notification shall also be
given upon request and at no additional charge to the person

named therein. Upon receipt of the municipality's or county's
notification or presentation of a certified copy of such
notification, the Secretary of State shall terminate the
suspension.
(e) Any municipality or county making a certified report
to the Secretary of State pursuant to this Section shall also
by ordinance establish procedures for persons to challenge the
accuracy of the certified report. The ordinance shall also
state the grounds for such a challenge, which may be limited to
(1) the person not having been the owner or lessee of the
vehicle or vehicles receiving a combination of 5 or more
automated speed enforcement system or automated traffic law
violations on the date or dates such notices were issued; and
(2) the person having already paid the fine or penalty for the
combination of 5 or more automated speed enforcement system or
automated traffic law violations indicated on the certified
report.
(f) Any municipality or county, other than a municipality
or county establishing automated speed enforcement system
regulations under Section 11-208.8, or automated traffic law
regulations under Section 11-208.6, 11-208.9, or 11-1201.1,
may also cause a suspension of a person's driver's drivers
license pursuant to this Section. Such municipality or county
may invoke this sanction by making a certified report to the
Secretary of State upon a person's failure to satisfy any fine
or penalty imposed by final judgment for a combination of 5 or

more automated speed enforcement system or automated traffic
law violations after exhaustion of judicial review procedures,
but only if:
(1) the municipality or county complies with the
provisions of this Section in all respects except in
regard to enacting an ordinance pursuant to Section
11-208.3;
(2) the municipality or county has sent a notice of
impending driver's drivers license suspension as
prescribed by an ordinance enacted pursuant to subsection
(g) of this Section; and
(3) in municipalities or counties with a population of
1,000,000 or more, the municipality or county has verified
that the alleged violator's State vehicle registration
number and vehicle make are correct as they appear on the
citations.
(g) Any municipality or county, other than a municipality
or county establishing automated speed enforcement system
regulations under Section 11-208.8, or automated traffic law
regulations under Section 11-208.6, 11-208.9, or 11-1201.1,
may provide by ordinance for the sending of a notice of
impending driver's drivers license suspension to the person
who has failed to satisfy any fine or penalty imposed by final
judgment for a combination of 5 or more automated speed
enforcement system or automated traffic law violations after
exhaustion of judicial review procedures. An ordinance so

providing shall specify that the notice sent to the person
liable for any fine or penalty shall state that failure to pay
the fine or penalty owing within 45 days of the notice's date
will result in the municipality or county notifying the
Secretary of State that the person's driver's drivers license
is eligible for suspension pursuant to this Section. The
notice of impending driver's drivers license suspension shall
be sent by first class United States mail, postage prepaid, to
the address recorded with the Secretary of State or at the last
address known to the lessor of the cited vehicle at the time of
lease or, if any notice sent under Section 11-208.3 of this
Code is returned as undeliverable, to the last known address
recorded in a United States Post Office approved database.
(h) An administrative hearing to contest an impending
suspension or a suspension made pursuant to this Section may
be had upon filing a written request with the Secretary of
State. The filing fee for this hearing shall be $20, to be paid
at the time the request is made. A municipality or county which
files a certified report with the Secretary of State pursuant
to this Section shall reimburse the Secretary for all
reasonable costs incurred by the Secretary as a result of the
filing of the report, including, but not limited to, the costs
of providing the notice required pursuant to subsection (b)
and the costs incurred by the Secretary in any hearing
conducted with respect to the report pursuant to this
subsection and any appeal from such a hearing.

(i) The provisions of this Section shall apply on and
after January 1, 1988.
(j) For purposes of this Section, the term "compliance
violation" is defined as in Section 11-208.3.
(Source: P.A. 101-623, eff. 7-1-20; revised 8-18-20.)
(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
Sec. 11-208.3. Administrative adjudication of violations
of traffic regulations concerning the standing, parking, or
condition of vehicles, automated traffic law violations, and
automated speed enforcement system violations.
(a) Any municipality or county may provide by ordinance
for a system of administrative adjudication of vehicular
standing and parking violations and vehicle compliance
violations as described in this subsection, automated traffic
law violations as defined in Section 11-208.6, 11-208.9, or
11-1201.1, and automated speed enforcement system violations
as defined in Section 11-208.8. The administrative system
shall have as its purpose the fair and efficient enforcement
of municipal or county regulations through the administrative
adjudication of automated speed enforcement system or
automated traffic law violations and violations of municipal
or county ordinances regulating the standing and parking of
vehicles, the condition and use of vehicle equipment, and the
display of municipal or county wheel tax licenses within the
municipality's or county's borders. The administrative system

shall only have authority to adjudicate civil offenses
carrying fines not in excess of $500 or requiring the
completion of a traffic education program, or both, that occur
after the effective date of the ordinance adopting such a
system under this Section. For purposes of this Section,
"compliance violation" means a violation of a municipal or
county regulation governing the condition or use of equipment
on a vehicle or governing the display of a municipal or county
wheel tax license.
(b) Any ordinance establishing a system of administrative
adjudication under this Section shall provide for:
(1) A traffic compliance administrator authorized to
adopt, distribute, and process parking, compliance, and
automated speed enforcement system or automated traffic
law violation notices and other notices required by this
Section, collect money paid as fines and penalties for
violation of parking and compliance ordinances and
automated speed enforcement system or automated traffic
law violations, and operate an administrative adjudication
system. The traffic compliance administrator also may make
a certified report to the Secretary of State under Section
6-306.5.
(2) A parking, standing, compliance, automated speed
enforcement system, or automated traffic law violation
notice that shall specify or include the date, time, and
place of violation of a parking, standing, compliance,

automated speed enforcement system, or automated traffic
law regulation; the particular regulation violated; any
requirement to complete a traffic education program; the
fine and any penalty that may be assessed for late payment
or failure to complete a required traffic education
program, or both, when so provided by ordinance; the
vehicle make or a photograph of the vehicle; the state
registration number of the vehicle; and the identification
number of the person issuing the notice. With regard to
automated speed enforcement system or automated traffic
law violations, vehicle make shall be specified on the
automated speed enforcement system or automated traffic
law violation notice if the notice does not include a
photograph of the vehicle and the make is available and
readily discernible. With regard to municipalities or
counties with a population of 1 million or more, it shall
be grounds for dismissal of a parking violation if the
state registration number or vehicle make specified is
incorrect. The violation notice shall state that the
completion of any required traffic education program, the
payment of any indicated fine, and the payment of any
applicable penalty for late payment or failure to complete
a required traffic education program, or both, shall
operate as a final disposition of the violation. The
notice also shall contain information as to the
availability of a hearing in which the violation may be

contested on its merits. The violation notice shall
specify the time and manner in which a hearing may be had.
(3) Service of a parking, standing, or compliance
violation notice by: (i) affixing the original or a
facsimile of the notice to an unlawfully parked or
standing vehicle; (ii) handing the notice to the operator
of a vehicle if he or she is present; or (iii) mailing the
notice to the address of the registered owner or lessee of
the cited vehicle as recorded with the Secretary of State
or the lessor of the motor vehicle within 30 days after the
Secretary of State or the lessor of the motor vehicle
notifies the municipality or county of the identity of the
owner or lessee of the vehicle, but not later than 90 days
after the date of the violation, except that in the case of
a lessee of a motor vehicle, service of a parking,
standing, or compliance violation notice may occur no
later than 210 days after the violation; and service of an
automated speed enforcement system or automated traffic
law violation notice by mail to the address of the
registered owner or lessee of the cited vehicle as
recorded with the Secretary of State or the lessor of the
motor vehicle within 30 days after the Secretary of State
or the lessor of the motor vehicle notifies the
municipality or county of the identity of the owner or
lessee of the vehicle, but not later than 90 days after the
violation, except that in the case of a lessee of a motor

vehicle, service of an automated traffic law violation
notice may occur no later than 210 days after the
violation. A person authorized by ordinance to issue and
serve parking, standing, and compliance violation notices
shall certify as to the correctness of the facts entered
on the violation notice by signing his or her name to the
notice at the time of service or, in the case of a notice
produced by a computerized device, by signing a single
certificate to be kept by the traffic compliance
administrator attesting to the correctness of all notices
produced by the device while it was under his or her
control. In the case of an automated traffic law
violation, the ordinance shall require a determination by
a technician employed or contracted by the municipality or
county that, based on inspection of recorded images, the
motor vehicle was being operated in violation of Section
11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If
the technician determines that the vehicle entered the
intersection as part of a funeral procession or in order
to yield the right-of-way to an emergency vehicle, a
citation shall not be issued. In municipalities with a
population of less than 1,000,000 inhabitants and counties
with a population of less than 3,000,000 inhabitants, the
automated traffic law ordinance shall require that all
determinations by a technician that a motor vehicle was
being operated in violation of Section 11-208.6, 11-208.9,

or 11-1201.1 or a local ordinance must be reviewed and
approved by a law enforcement officer or retired law
enforcement officer of the municipality or county issuing
the violation. In municipalities with a population of
1,000,000 or more inhabitants and counties with a
population of 3,000,000 or more inhabitants, the automated
traffic law ordinance shall require that all
determinations by a technician that a motor vehicle was
being operated in violation of Section 11-208.6, 11-208.9,
or 11-1201.1 or a local ordinance must be reviewed and
approved by a law enforcement officer or retired law
enforcement officer of the municipality or county issuing
the violation or by an additional fully trained
fully-trained reviewing technician who is not employed by
the contractor who employs the technician who made the
initial determination. In the case of an automated speed
enforcement system violation, the ordinance shall require
a determination by a technician employed by the
municipality, based upon an inspection of recorded images,
video or other documentation, including documentation of
the speed limit and automated speed enforcement signage,
and documentation of the inspection, calibration, and
certification of the speed equipment, that the vehicle was
being operated in violation of Article VI of Chapter 11 of
this Code or a similar local ordinance. If the technician
determines that the vehicle speed was not determined by a

calibrated, certified speed equipment device based upon
the speed equipment documentation, or if the vehicle was
an emergency vehicle, a citation may not be issued. The
automated speed enforcement ordinance shall require that
all determinations by a technician that a violation
occurred be reviewed and approved by a law enforcement
officer or retired law enforcement officer of the
municipality issuing the violation or by an additional
fully trained reviewing technician who is not employed by
the contractor who employs the technician who made the
initial determination. Routine and independent calibration
of the speeds produced by automated speed enforcement
systems and equipment shall be conducted annually by a
qualified technician. Speeds produced by an automated
speed enforcement system shall be compared with speeds
produced by lidar or other independent equipment. Radar or
lidar equipment shall undergo an internal validation test
no less frequently than once each week. Qualified
technicians shall test loop-based loop based equipment no
less frequently than once a year. Radar equipment shall be
checked for accuracy by a qualified technician when the
unit is serviced, when unusual or suspect readings
persist, or when deemed necessary by a reviewing
technician. Radar equipment shall be checked with the
internal frequency generator and the internal circuit test
whenever the radar is turned on. Technicians must be alert

for any unusual or suspect readings, and if unusual or
suspect readings of a radar unit persist, that unit shall
immediately be removed from service and not returned to
service until it has been checked by a qualified
technician and determined to be functioning properly.
Documentation of the annual calibration results, including
the equipment tested, test date, technician performing the
test, and test results, shall be maintained and available
for use in the determination of an automated speed
enforcement system violation and issuance of a citation.
The technician performing the calibration and testing of
the automated speed enforcement equipment shall be trained
and certified in the use of equipment for speed
enforcement purposes. Training on the speed enforcement
equipment may be conducted by law enforcement, civilian,
or manufacturer's personnel and if applicable may be
equivalent to the equipment use and operations training
included in the Speed Measuring Device Operator Program
developed by the National Highway Traffic Safety
Administration (NHTSA). The vendor or technician who
performs the work shall keep accurate records on each
piece of equipment the technician calibrates and tests. As
used in this paragraph, "fully trained fully-trained
reviewing technician" means a person who has received at
least 40 hours of supervised training in subjects which
shall include image inspection and interpretation, the

elements necessary to prove a violation, license plate
identification, and traffic safety and management. In all
municipalities and counties, the automated speed
enforcement system or automated traffic law ordinance
shall require that no additional fee shall be charged to
the alleged violator for exercising his or her right to an
administrative hearing, and persons shall be given at
least 25 days following an administrative hearing to pay
any civil penalty imposed by a finding that Section
11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
local ordinance has been violated. The original or a
facsimile of the violation notice or, in the case of a
notice produced by a computerized device, a printed record
generated by the device showing the facts entered on the
notice, shall be retained by the traffic compliance
administrator, and shall be a record kept in the ordinary
course of business. A parking, standing, compliance,
automated speed enforcement system, or automated traffic
law violation notice issued, signed, and served in
accordance with this Section, a copy of the notice, or the
computer-generated computer generated record shall be
prima facie correct and shall be prima facie evidence of
the correctness of the facts shown on the notice. The
notice, copy, or computer-generated computer generated
record shall be admissible in any subsequent
administrative or legal proceedings.

(4) An opportunity for a hearing for the registered
owner of the vehicle cited in the parking, standing,
compliance, automated speed enforcement system, or
automated traffic law violation notice in which the owner
may contest the merits of the alleged violation, and
during which formal or technical rules of evidence shall
not apply; provided, however, that under Section 11-1306
of this Code the lessee of a vehicle cited in the violation
notice likewise shall be provided an opportunity for a
hearing of the same kind afforded the registered owner.
The hearings shall be recorded, and the person conducting
the hearing on behalf of the traffic compliance
administrator shall be empowered to administer oaths and
to secure by subpoena both the attendance and testimony of
witnesses and the production of relevant books and papers.
Persons appearing at a hearing under this Section may be
represented by counsel at their expense. The ordinance may
also provide for internal administrative review following
the decision of the hearing officer.
(5) Service of additional notices, sent by first class
United States mail, postage prepaid, to the address of the
registered owner of the cited vehicle as recorded with the
Secretary of State or, if any notice to that address is
returned as undeliverable, to the last known address
recorded in a United States Post Office approved database,
or, under Section 11-1306 or subsection (p) of Section

11-208.6 or 11-208.9, or subsection (p) of Section
11-208.8 of this Code, to the lessee of the cited vehicle
at the last address known to the lessor of the cited
vehicle at the time of lease or, if any notice to that
address is returned as undeliverable, to the last known
address recorded in a United States Post Office approved
database. The service shall be deemed complete as of the
date of deposit in the United States mail. The notices
shall be in the following sequence and shall include, but
not be limited to, the information specified herein:
(i) A second notice of parking, standing, or
compliance violation if the first notice of the
violation was issued by affixing the original or a
facsimile of the notice to the unlawfully parked
vehicle or by handing the notice to the operator. This
notice shall specify or include the date and location
of the violation cited in the parking, standing, or
compliance violation notice, the particular regulation
violated, the vehicle make or a photograph of the
vehicle, the state registration number of the vehicle,
any requirement to complete a traffic education
program, the fine and any penalty that may be assessed
for late payment or failure to complete a traffic
education program, or both, when so provided by
ordinance, the availability of a hearing in which the
violation may be contested on its merits, and the time

and manner in which the hearing may be had. The notice
of violation shall also state that failure to complete
a required traffic education program, to pay the
indicated fine and any applicable penalty, or to
appear at a hearing on the merits in the time and
manner specified, will result in a final determination
of violation liability for the cited violation in the
amount of the fine or penalty indicated, and that,
upon the occurrence of a final determination of
violation liability for the failure, and the
exhaustion of, or failure to exhaust, available
administrative or judicial procedures for review, any
incomplete traffic education program or any unpaid
fine or penalty, or both, will constitute a debt due
and owing the municipality or county.
(ii) A notice of final determination of parking,
standing, compliance, automated speed enforcement
system, or automated traffic law violation liability.
This notice shall be sent following a final
determination of parking, standing, compliance,
automated speed enforcement system, or automated
traffic law violation liability and the conclusion of
judicial review procedures taken under this Section.
The notice shall state that the incomplete traffic
education program or the unpaid fine or penalty, or
both, is a debt due and owing the municipality or

county. The notice shall contain warnings that failure
to complete any required traffic education program or
to pay any fine or penalty due and owing the
municipality or county, or both, within the time
specified may result in the municipality's or county's
filing of a petition in the Circuit Court to have the
incomplete traffic education program or unpaid fine or
penalty, or both, rendered a judgment as provided by
this Section, or, where applicable, may result in
suspension of the person's driver's drivers license
for failure to complete a traffic education program or
to pay fines or penalties, or both, for 5 or more
automated traffic law violations under Section
11-208.6 or 11-208.9 or automated speed enforcement
system violations under Section 11-208.8.
(6) A notice of impending driver's drivers license
suspension. This notice shall be sent to the person liable
for failure to complete a required traffic education
program or to pay any fine or penalty that remains due and
owing, or both, on 5 or more unpaid automated speed
enforcement system or automated traffic law violations.
The notice shall state that failure to complete a required
traffic education program or to pay the fine or penalty
owing, or both, within 45 days of the notice's date will
result in the municipality or county notifying the
Secretary of State that the person is eligible for

initiation of suspension proceedings under Section 6-306.5
of this Code. The notice shall also state that the person
may obtain a photostatic copy of an original ticket
imposing a fine or penalty by sending a self-addressed
self addressed, stamped envelope to the municipality or
county along with a request for the photostatic copy. The
notice of impending driver's drivers license suspension
shall be sent by first class United States mail, postage
prepaid, to the address recorded with the Secretary of
State or, if any notice to that address is returned as
undeliverable, to the last known address recorded in a
United States Post Office approved database.
(7) Final determinations of violation liability. A
final determination of violation liability shall occur
following failure to complete the required traffic
education program or to pay the fine or penalty, or both,
after a hearing officer's determination of violation
liability and the exhaustion of or failure to exhaust any
administrative review procedures provided by ordinance.
Where a person fails to appear at a hearing to contest the
alleged violation in the time and manner specified in a
prior mailed notice, the hearing officer's determination
of violation liability shall become final: (A) upon denial
of a timely petition to set aside that determination, or
(B) upon expiration of the period for filing the petition
without a filing having been made.

(8) A petition to set aside a determination of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation liability that
may be filed by a person owing an unpaid fine or penalty. A
petition to set aside a determination of liability may
also be filed by a person required to complete a traffic
education program. The petition shall be filed with and
ruled upon by the traffic compliance administrator in the
manner and within the time specified by ordinance. The
grounds for the petition may be limited to: (A) the person
not having been the owner or lessee of the cited vehicle on
the date the violation notice was issued, (B) the person
having already completed the required traffic education
program or paid the fine or penalty, or both, for the
violation in question, and (C) excusable failure to appear
at or request a new date for a hearing. With regard to
municipalities or counties with a population of 1 million
or more, it shall be grounds for dismissal of a parking
violation if the state registration number or vehicle
make, only if specified in the violation notice, is
incorrect. After the determination of parking, standing,
compliance, automated speed enforcement system, or
automated traffic law violation liability has been set
aside upon a showing of just cause, the registered owner
shall be provided with a hearing on the merits for that
violation.

(9) Procedures for non-residents. Procedures by which
persons who are not residents of the municipality or
county may contest the merits of the alleged violation
without attending a hearing.
(10) A schedule of civil fines for violations of
vehicular standing, parking, compliance, automated speed
enforcement system, or automated traffic law regulations
enacted by ordinance pursuant to this Section, and a
schedule of penalties for late payment of the fines or
failure to complete required traffic education programs,
provided, however, that the total amount of the fine and
penalty for any one violation shall not exceed $250,
except as provided in subsection (c) of Section 11-1301.3
of this Code.
(11) Other provisions as are necessary and proper to
carry into effect the powers granted and purposes stated
in this Section.
(c) Any municipality or county establishing vehicular
standing, parking, compliance, automated speed enforcement
system, or automated traffic law regulations under this
Section may also provide by ordinance for a program of vehicle
immobilization for the purpose of facilitating enforcement of
those regulations. The program of vehicle immobilization shall
provide for immobilizing any eligible vehicle upon the public
way by presence of a restraint in a manner to prevent operation
of the vehicle. Any ordinance establishing a program of

vehicle immobilization under this Section shall provide:
(1) Criteria for the designation of vehicles eligible
for immobilization. A vehicle shall be eligible for
immobilization when the registered owner of the vehicle
has accumulated the number of incomplete traffic education
programs or unpaid final determinations of parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violation liability, or both, as
determined by ordinance.
(2) A notice of impending vehicle immobilization and a
right to a hearing to challenge the validity of the notice
by disproving liability for the incomplete traffic
education programs or unpaid final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation liability, or
both, listed on the notice.
(3) The right to a prompt hearing after a vehicle has
been immobilized or subsequently towed without the
completion of the required traffic education program or
payment of the outstanding fines and penalties on parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violations, or both, for which
final determinations have been issued. An order issued
after the hearing is a final administrative decision
within the meaning of Section 3-101 of the Code of Civil
Procedure.

(4) A post immobilization and post-towing notice
advising the registered owner of the vehicle of the right
to a hearing to challenge the validity of the impoundment.
(d) Judicial review of final determinations of parking,
standing, compliance, automated speed enforcement system, or
automated traffic law violations and final administrative
decisions issued after hearings regarding vehicle
immobilization and impoundment made under this Section shall
be subject to the provisions of the Administrative Review Law.
(e) Any fine, penalty, incomplete traffic education
program, or part of any fine or any penalty remaining unpaid
after the exhaustion of, or the failure to exhaust,
administrative remedies created under this Section and the
conclusion of any judicial review procedures shall be a debt
due and owing the municipality or county and, as such, may be
collected in accordance with applicable law. Completion of any
required traffic education program and payment in full of any
fine or penalty resulting from a standing, parking,
compliance, automated speed enforcement system, or automated
traffic law violation shall constitute a final disposition of
that violation.
(f) After the expiration of the period within which
judicial review may be sought for a final determination of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation, the municipality
or county may commence a proceeding in the Circuit Court for

purposes of obtaining a judgment on the final determination of
violation. Nothing in this Section shall prevent a
municipality or county from consolidating multiple final
determinations of parking, standing, compliance, automated
speed enforcement system, or automated traffic law violations
against a person in a proceeding. Upon commencement of the
action, the municipality or county shall file a certified copy
or record of the final determination of parking, standing,
compliance, automated speed enforcement system, or automated
traffic law violation, which shall be accompanied by a
certification that recites facts sufficient to show that the
final determination of violation was issued in accordance with
this Section and the applicable municipal or county ordinance.
Service of the summons and a copy of the petition may be by any
method provided by Section 2-203 of the Code of Civil
Procedure or by certified mail, return receipt requested,
provided that the total amount of fines and penalties for
final determinations of parking, standing, compliance,
automated speed enforcement system, or automated traffic law
violations does not exceed $2500. If the court is satisfied
that the final determination of parking, standing, compliance,
automated speed enforcement system, or automated traffic law
violation was entered in accordance with the requirements of
this Section and the applicable municipal or county ordinance,
and that the registered owner or the lessee, as the case may
be, had an opportunity for an administrative hearing and for

judicial review as provided in this Section, the court shall
render judgment in favor of the municipality or county and
against the registered owner or the lessee for the amount
indicated in the final determination of parking, standing,
compliance, automated speed enforcement system, or automated
traffic law violation, plus costs. The judgment shall have the
same effect and may be enforced in the same manner as other
judgments for the recovery of money.
(g) The fee for participating in a traffic education
program under this Section shall not exceed $25.
A low-income individual required to complete a traffic
education program under this Section who provides proof of
eligibility for the federal earned income tax credit under
Section 32 of the Internal Revenue Code or the Illinois earned
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.
(Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
revised 12-21-20.)
(625 ILCS 5/11-501.9)
Sec. 11-501.9. Suspension of driver's license; failure or
refusal of validated roadside chemical tests; failure or
refusal of field sobriety tests; implied consent.
(a) A person who drives or is in actual physical control of
a motor vehicle upon the public highways of this State shall be

deemed to have given consent to (i) validated roadside
chemical tests or (ii) standardized field sobriety tests
approved by the National Highway Traffic Safety
Administration, under subsection (a-5) of Section 11-501.2 of
this Code, if detained by a law enforcement officer who has a
reasonable suspicion that the person is driving or is in
actual physical control of a motor vehicle while impaired by
the use of cannabis. The law enforcement officer must have an
independent, cannabis-related factual basis giving reasonable
suspicion that the person is driving or in actual physical
control of a motor vehicle while impaired by the use of
cannabis for conducting validated roadside chemical tests or
standardized field sobriety tests, which shall be included
with the results of the validated roadside chemical tests and
field sobriety tests in any report made by the law enforcement
officer who requests the test. The person's possession of a
registry identification card issued under the Compassionate
Use of Medical Cannabis Program Act alone is not a sufficient
basis for reasonable suspicion.
For purposes of this Section, a law enforcement officer of
this State who is investigating a person for an offense under
Section 11-501 of this Code may travel into an adjoining state
where the person has been transported for medical care to
complete an investigation and to request that the person
submit to field sobriety tests under this Section.
(b) A person who is unconscious, or otherwise in a

condition rendering the person incapable of refusal, shall be
deemed to have withdrawn the consent provided by subsection
(a) of this Section.
(c) A person requested to submit to validated roadside
chemical tests or field sobriety tests, as provided in this
Section, shall be warned by the law enforcement officer
requesting the field sobriety tests that a refusal to submit
to the validated roadside chemical tests or field sobriety
tests will result in the suspension of the person's privilege
to operate a motor vehicle, as provided in subsection (f) of
this Section. The person shall also be warned by the law
enforcement officer that if the person submits to validated
roadside chemical tests or field sobriety tests as provided in
this Section which disclose the person is impaired by the use
of cannabis, a suspension of the person's privilege to operate
a motor vehicle, as provided in subsection (f) of this
Section, will be imposed.
(d) The results of validated roadside chemical tests or
field sobriety tests administered under this Section shall be
admissible in a civil or criminal action or proceeding arising
from an arrest for an offense as defined in Section 11-501 of
this Code or a similar provision of a local ordinance. These
test results shall be admissible only in actions or
proceedings directly related to the incident upon which the
test request was made.
(e) If the person refuses validated roadside chemical

tests or field sobriety tests or submits to validated roadside
chemical tests or field sobriety tests that disclose the
person is impaired by the use of cannabis, the law enforcement
officer shall immediately submit a sworn report to the circuit
court of venue and the Secretary of State certifying that
testing was requested under this Section and that the person
refused to submit to validated roadside chemical tests or
field sobriety tests or submitted to validated roadside
chemical tests or field sobriety tests that disclosed the
person was impaired by the use of cannabis. The sworn report
must include the law enforcement officer's factual basis for
reasonable suspicion that the person was impaired by the use
of cannabis.
(f) Upon receipt of the sworn report of a law enforcement
officer submitted under subsection (e) of this Section, the
Secretary of State shall enter the suspension to the driving
record as follows:
(1) for refusal or failure to complete validated
roadside chemical tests or field sobriety tests, a
12-month 12 month suspension shall be entered; or
(2) for submitting to validated roadside chemical
tests or field sobriety tests that disclosed the driver
was impaired by the use of cannabis, a 6-month 6 month
suspension shall be entered.
The Secretary of State shall confirm the suspension by
mailing a notice of the effective date of the suspension to the

person and the court of venue. However, should the sworn
report be defective for insufficient information or be
completed in error, the confirmation of the suspension shall
not be mailed to the person or entered to the record; instead,
the sworn report shall be forwarded to the court of venue with
a copy returned to the issuing agency identifying the defect.
(g) The law enforcement officer submitting the sworn
report under subsection (e) of this Section shall serve
immediate notice of the suspension on the person and the
suspension shall be effective as provided in subsection (h) of
this Section. If immediate notice of the suspension cannot be
given, the arresting officer or arresting agency shall give
notice by deposit in the United States mail of the notice in an
envelope with postage prepaid and addressed to the person at
his or her address as shown on the Uniform Traffic Ticket and
the suspension shall begin as provided in subsection (h) of
this Section. The officer shall confiscate any Illinois
driver's license or permit on the person at the time of arrest.
If the person has a valid driver's license or permit, the
officer shall issue the person a receipt, in a form prescribed
by the Secretary of State, that will allow the person to drive
during the period provided for in subsection (h) of this
Section. The officer shall immediately forward the driver's
license or permit to the circuit court of venue along with the
sworn report under subsection (e) of this Section.
(h) The suspension under subsection (f) of this Section

shall take effect on the 46th day following the date the notice
of the suspension was given to the person.
(i) When a driving privilege has been suspended under this
Section and the person is subsequently convicted of violating
Section 11-501 of this Code, or a similar provision of a local
ordinance, for the same incident, any period served on
suspension under this Section shall be credited toward the
minimum period of revocation of driving privileges imposed
under Section 6-205 of this Code.
(Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19;
revised 9-20-19.)
(625 ILCS 5/11-502.1)
Sec. 11-502.1. Possession of medical cannabis in a motor
vehicle.
(a) No driver, who is a medical cannabis cardholder, may
use medical cannabis within the passenger area of any motor
vehicle upon a highway in this State.
(b) No driver, who is a medical cannabis cardholder, a
medical cannabis designated caregiver, medical cannabis
cultivation center agent, or dispensing organization agent may
possess medical cannabis within any area of any motor vehicle
upon a highway in this State except in a sealed, odor-proof,
and child-resistant medical cannabis container.
(c) No passenger, who is a medical cannabis card holder, a
medical cannabis designated caregiver, or medical cannabis

dispensing organization agent may possess medical cannabis
within any passenger area of any motor vehicle upon a highway
in this State except in a sealed, odor-proof, and
child-resistant medical cannabis container.
(d) Any person who violates subsections (a) through (c) of
this Section:
(1) commits a Class A misdemeanor;
(2) shall be subject to revocation of his or her
medical cannabis card for a period of 2 years from the end
of the sentence imposed;
(3) (4) shall be subject to revocation of his or her
status as a medical cannabis caregiver, medical cannabis
cultivation center agent, or medical cannabis dispensing
organization agent for a period of 2 years from the end of
the sentence imposed.
(Source: P.A. 101-27, eff. 6-25-19; revised 8-6-19.)
(625 ILCS 5/11-704) (from Ch. 95 1/2, par. 11-704)
Sec. 11-704. When overtaking on the right is permitted.
(a) The driver of a vehicle with 3 or more wheels may
overtake and pass upon the right of another vehicle only under
the following conditions:
1. When the vehicle overtaken is making or about to
make a left turn. ;
2. Upon a roadway with unobstructed pavement of
sufficient width for 2 two or more lines of vehicles

moving lawfully in the direction being traveled by the
overtaking vehicle.
3. Upon a one-way street, or upon any roadway on which
traffic is restricted to one direction of movement, where
the roadway is free from obstructions and of sufficient
width for 2 or more lines of moving vehicles.
(b) The driver of a 2-wheeled 2 wheeled vehicle may not
pass upon the right of any other vehicle proceeding in the same
direction unless the unobstructed pavement to the right of the
vehicle being passed is of a width of not less than 8 feet.
This subsection does not apply to devices propelled by human
power.
(c) The driver of a vehicle may overtake and pass another
vehicle upon the right only under conditions permitting such
movement in safety. Such movement shall not be made by driving
off the roadway.
(Source: P.A. 98-485, eff. 1-1-14; revised 8-18-20.)
(625 ILCS 5/11-1006) (from Ch. 95 1/2, par. 11-1006)
Sec. 11-1006. Pedestrians soliciting rides or business.
(a) No person shall stand in a roadway for the purpose of
soliciting a ride from the driver of any vehicle.
(b) No person shall stand on a highway for the purpose of
soliciting employment or business from the occupant of any
vehicle.
(c) No person shall stand on a highway for the purpose of

soliciting contributions from the occupant of any vehicle
except within a municipality when expressly permitted by
municipal ordinance. The local municipality, city, village, or
other local governmental entity in which the solicitation
takes place shall determine by ordinance where and when
solicitations may take place based on the safety of the
solicitors and the safety of motorists. The decision shall
also take into account the orderly flow of traffic and may not
allow interference with the operation of official traffic
control devices. The soliciting agency shall be:
1. registered with the Attorney General as a
charitable organization as provided by the Solicitation
for Charity Act "An Act to regulate solicitation and
collection of funds for charitable purposes, providing for
violations thereof, and making an appropriation therefor",
approved July 26, 1963, as amended;
2. engaged in a Statewide fundraising fund raising
activity; and
3. liable for any injuries to any person or property
during the solicitation which is causally related to an
act of ordinary negligence of the soliciting agent.
Any person engaged in the act of solicitation shall be 16
years of age or more and shall be wearing a high-visibility
high visibility vest.
(d) No person shall stand on or in the proximity of a
highway for the purpose of soliciting the watching or guarding

of any vehicle while parked or about to be parked on a highway.
(e) Every person who is convicted of a violation of this
Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 88-589, eff. 8-14-94; revised 8-18-20.)
(625 ILCS 5/11-1412.3)
Sec. 11-1412.3. Ownership and operation of a mobile
carrying device.
(a) A mobile carrying device may be operated on a sidewalk
or crosswalk so long as all of the following requirements are
met:
(1) the mobile carrying device is operated in
accordance with the local ordinances, if any, established
by the local authority governing where the mobile carrying
device is operated;
(2) a personal property owner is actively monitoring
the operation and navigation of the mobile carrying
device; and
(3) the mobile carrying device is equipped with a
braking system that enables the mobile carrying device to
perform a controlled stop.
(b) A mobile carrying device operator may not do any of the
following:
(1) fail to comply with traffic or pedestrian control
devices and signals;
(2) unreasonably interfere with pedestrians or

traffic;
(3) transport a person; or
(4) operate on a street or highway, except when
crossing the street or highway within a crosswalk.
(c) A mobile carrying device operator has the rights and
obligations applicable to a pedestrian under the same
circumstances, and shall ensure that a mobile carrying device
shall yield the right-of-way to a pedestrian on a sidewalk or
within a crosswalk.
(d) A personal property owner may not utilize a mobile
carrying device to transport hazardous materials.
(e) A personal property owner may not utilize a mobile
carrying device unless the person complies with this Section.
(f) A mobile carrying device operator that who is not a
natural person shall register with the Secretary of State.
(g) No contract seeking to exempt a mobile carrying device
operator from liability for injury, loss, or death caused by a
mobile carrying device shall be valid, and contractual
provisions limiting the choice of venue or forum, shortening
the statute of limitations, shifting the risk to the user,
limiting the availability of class actions, or obtaining
judicial remedies shall be invalid and unenforceable.
(h) A violation of this Section is a petty offense.
(Source: P.A. 101-123, eff. 7-26-19; revised 9-24-19.)
(625 ILCS 5/12-610.2)

Sec. 12-610.2. Electronic communication devices.
(a) As used in this Section:
"Electronic communication device" means an electronic
device, including, but not limited to, a hand-held wireless
telephone, hand-held personal digital assistant, or a portable
or mobile computer, but does not include a global positioning
system or navigation system or a device that is physically or
electronically integrated into the motor vehicle.
(b) A person may not operate a motor vehicle on a roadway
while using an electronic communication device, including
using an electronic communication device to watch or stream
video.
(b-5) A person commits aggravated use of an electronic
communication device when he or she violates subsection (b)
and in committing the violation he or she is involved in a
motor vehicle accident that results in great bodily harm,
permanent disability, disfigurement, or death to another and
the violation is a proximate cause of the injury or death.
(c) A violation of this Section is an offense against
traffic regulations governing the movement of vehicles. A
person who violates this Section shall be fined a maximum of
$75 for a first offense, $100 for a second offense, $125 for a
third offense, and $150 for a fourth or subsequent offense,
except that a person who violates subsection (b-5) shall be
assessed a minimum fine of $1,000.
(d) This Section does not apply to:

(1) a law enforcement officer or operator of an
emergency vehicle while performing his or her official
duties;
(1.5) a first responder, including a volunteer first
responder, while operating his or her own personal motor
vehicle using an electronic communication device for the
sole purpose of receiving information about an emergency
situation while en route to performing his or her official
duties;
(2) a driver using an electronic communication device
for the sole purpose of reporting an emergency situation
and continued communication with emergency personnel
during the emergency situation;
(3) a driver using an electronic communication device
in hands-free or voice-operated mode, which may include
the use of a headset;
(4) a driver of a commercial motor vehicle reading a
message displayed on a permanently installed communication
device designed for a commercial motor vehicle with a
screen that does not exceed 10 inches tall by 10 inches
wide in size;
(5) a driver using an electronic communication device
while parked on the shoulder of a roadway;
(6) a driver using an electronic communication device
when the vehicle is stopped due to normal traffic being
obstructed and the driver has the motor vehicle

transmission in neutral or park;
(7) a driver using two-way or citizens band radio
services;
(8) a driver using two-way mobile radio transmitters
or receivers for licensees of the Federal Communications
Commission in the amateur radio service;
(9) a driver using an electronic communication device
by pressing a single button to initiate or terminate a
voice communication; or
(10) a driver using an electronic communication device
capable of performing multiple functions, other than a
hand-held wireless telephone or hand-held personal digital
assistant (for example, a fleet management system,
dispatching device, citizens band radio, or music player)
for a purpose that is not otherwise prohibited by this
Section.
(e) A person convicted of violating subsection (b-5)
commits a Class A misdemeanor if the violation resulted in
great bodily harm, permanent disability, or disfigurement to
another. A person convicted of violating subsection (b-5)
commits a Class 4 felony if the violation resulted in the death
of another person.
(Source: P.A. 100-727, eff. 8-3-18; 100-858, eff. 7-1-19;
101-81, eff. 7-12-19; 101-90, eff. 7-1-20; 101-297, eff.
1-1-20; revised 8-4-20.)

Section 700. The Clerks of Courts Act is amended by
changing Section 27.1b as follows:
(705 ILCS 105/27.1b)
(Section scheduled to be repealed on January 1, 2022)
Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
other provision of law, all fees charged by the clerks of the
circuit court for the services described in this Section shall
be established, collected, and disbursed in accordance with
this Section. Except as otherwise specified in this Section,
all fees under this Section shall be paid in advance and
disbursed by each clerk on a monthly basis. In a county with a
population of over 3,000,000, units of local government and
school districts shall not be required to pay fees under this
Section in advance and the clerk shall instead send an
itemized bill to the unit of local government or school
district, within 30 days of the fee being incurred, and the
unit of local government or school district shall be allowed
at least 30 days from the date of the itemized bill to pay;
these payments shall be disbursed by each clerk on a monthly
basis. Unless otherwise specified in this Section, the amount
of a fee shall be determined by ordinance or resolution of the
county board and remitted to the county treasurer to be used
for purposes related to the operation of the court system in
the county. In a county with a population of over 3,000,000,
any amount retained by the clerk of the circuit court or

remitted to the county treasurer shall be subject to
appropriation by the county board.
(a) Civil cases. The fee for filing a complaint, petition,
or other pleading initiating a civil action shall be as set
forth in the applicable schedule under this subsection in
accordance with case categories established by the Supreme
Court in schedules.
(1) SCHEDULE 1: not to exceed a total of $366 in a
county with a population of 3,000,000 or more and not to
exceed $316 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $190 through December 31, 2021 and $184 on and
after January 1, 2022. The fees collected under this
schedule shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:

(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund; and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $290 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $250 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(2) SCHEDULE 2: not to exceed a total of $357 in a
county with a population of 3,000,000 or more and not to
exceed $266 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $190 through December 31, 2021 and $184 on and
after January 1, 2022. The fees collected under this
schedule shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the

approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund: and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $281 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $200 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(3) SCHEDULE 3: not to exceed a total of $265 in a
county with a population of 3,000,000 or more and not to
exceed $89 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed

$190 through December 31, 2021 and $184 on and after
January 1, 2022. The fees collected under this schedule
shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $22 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit $11 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts in accordance with the clerk's
instructions, as follows:
(i) $2 into the Access to Justice Fund; and
(ii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $199 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $56 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(4) SCHEDULE 4: $0.
(b) Appearance. The fee for filing an appearance in a

civil action, including a cannabis civil law action under the
Cannabis Control Act, shall be as set forth in the applicable
schedule under this subsection in accordance with case
categories established by the Supreme Court in schedules.
(1) SCHEDULE 1: not to exceed a total of $230 in a
county with a population of 3,000,000 or more and not to
exceed $191 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $75. The fees collected under this schedule shall
be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $50 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;

(ii) $2 into the Access to Justice Fund; and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $159 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $125 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(2) SCHEDULE 2: not to exceed a total of $130 in a
county with a population of 3,000,000 or more and not to
exceed $109 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $75. The fees collected under this schedule shall
be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $50 in a county with a population of
3,000,000 or more and in an amount not to exceed $10 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit $9 to the State
Treasurer, which the State Treasurer shall deposit

into the Supreme Court Special Purpose Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $71 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $90 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(3) SCHEDULE 3: $0.
(b-5) Kane County and Will County. In Kane County and Will
County civil cases, there is an additional fee of up to $30 as
set by the county board under Section 5-1101.3 of the Counties
Code to be paid by each party at the time of filing the first
pleading, paper, or other appearance; provided that no
additional fee shall be required if more than one party is
represented in a single pleading, paper, or other appearance.
Distribution of fees collected under this subsection (b-5)
shall be as provided in Section 5-1101.3 of the Counties Code.
(c) Counterclaim or third party complaint. When any
defendant files a counterclaim or third party complaint, as
part of the defendant's answer or otherwise, the defendant
shall pay a filing fee for each counterclaim or third party
complaint in an amount equal to the filing fee the defendant
would have had to pay had the defendant brought a separate
action for the relief sought in the counterclaim or third
party complaint, less the amount of the appearance fee, if

any, that the defendant has already paid in the action in which
the counterclaim or third party complaint is filed.
(d) Alias summons. The clerk shall collect a fee not to
exceed $6 in a county with a population of 3,000,000 or more
and not to exceed $5 in any other county for each alias summons
or citation issued by the clerk, except as applied to units of
local government and school districts in counties with more
than 3,000,000 inhabitants an amount not to exceed $5 for each
alias summons or citation issued by the clerk.
(e) Jury services. The clerk shall collect, in addition to
other fees allowed by law, a sum not to exceed $212.50, as a
fee for the services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding for the
exercise of the right of eminent domain and in every other
action wherein the right of trial by jury is or may be given by
law. The jury fee shall be paid by the party demanding a jury
at the time of filing the jury demand. If the fee is not paid
by either party, no jury shall be called in the action or
proceeding, and the action or proceeding shall be tried by the
court without a jury.
(f) Change of venue. In connection with a change of venue:
(1) The clerk of the jurisdiction from which the case
is transferred may charge a fee, not to exceed $40, for the
preparation and certification of the record; and
(2) The clerk of the jurisdiction to which the case is
transferred may charge the same filing fee as if it were

the commencement of a new suit.
(g) Petition to vacate or modify.
(1) In a proceeding involving a petition to vacate or
modify any final judgment or order filed within 30 days
after the judgment or order was entered, except for an
eviction case, small claims case, petition to reopen an
estate, petition to modify, terminate, or enforce a
judgment or order for child or spousal support, or
petition to modify, suspend, or terminate an order for
withholding, the fee shall not exceed $60 in a county with
a population of 3,000,000 or more and shall not exceed $50
in any other county, except as applied to units of local
government and school districts in counties with more than
3,000,000 inhabitants an amount not to exceed $50.
(2) In a proceeding involving a petition to vacate or
modify any final judgment or order filed more than 30 days
after the judgment or order was entered, except for a
petition to modify, terminate, or enforce a judgment or
order for child or spousal support, or petition to modify,
suspend, or terminate an order for withholding, the fee
shall not exceed $75.
(3) In a proceeding involving a motion to vacate or
amend a final order, motion to vacate an ex parte
judgment, judgment of forfeiture, or "failure to appear"
or "failure to comply" notices sent to the Secretary of
State, the fee shall equal $40.

(h) Appeals preparation. The fee for preparation of a
record on appeal shall be based on the number of pages, as
follows:
(1) if the record contains no more than 100 pages, the
fee shall not exceed $70 in a county with a population of
3,000,000 or more and shall not exceed $50 in any other
county;
(2) if the record contains between 100 and 200 pages,
the fee shall not exceed $100; and
(3) if the record contains 200 or more pages, the
clerk may collect an additional fee not to exceed 25 cents
per page.
(i) Remands. In any cases remanded to the circuit court
from the Supreme Court or the appellate court for a new trial,
the clerk shall reinstate the case with either its original
number or a new number. The clerk shall not charge any new or
additional fee for the reinstatement. Upon reinstatement, the
clerk shall advise the parties of the reinstatement. Parties
shall have the same right to a jury trial on remand and
reinstatement that they had before the appeal, and no
additional or new fee or charge shall be made for a jury trial
after remand.
(j) Garnishment, wage deduction, and citation. In
garnishment affidavit, wage deduction affidavit, and citation
petition proceedings:
(1) if the amount in controversy in the proceeding is

not more than $1,000, the fee may not exceed $35 in a
county with a population of 3,000,000 or more and may not
exceed $15 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$15;
(2) if the amount in controversy in the proceeding is
greater than $1,000 and not more than $5,000, the fee may
not exceed $45 in a county with a population of 3,000,000
or more and may not exceed $30 in any other county, except
as applied to units of local government and school
districts in counties with more than 3,000,000 inhabitants
an amount not to exceed $30; and
(3) if the amount in controversy in the proceeding is
greater than $5,000, the fee may not exceed $65 in a county
with a population of 3,000,000 or more and may not exceed
$50 in any other county, except as applied to units of
local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$50.
(j-5) Debt collection. In any proceeding to collect a debt
subject to the exception in item (ii) of subparagraph (A-5) of
paragraph (1) of subsection (z) of this Section, the circuit
court shall order and the clerk shall collect from each
judgment debtor a fee of:
(1) $35 if the amount in controversy in the proceeding

is not more than $1,000;
(2) $45 if the amount in controversy in the proceeding
is greater than $1,000 and not more than $5,000; and
(3) $65 if the amount in controversy in the proceeding
is greater than $5,000.
(k) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child
support cases, the clerk may collect a fee of up to 2.5% of
the amount collected and turned over.
(2) In child support and maintenance cases, the clerk
may collect an annual fee of up to $36 from the person
making payment for maintaining child support records and
the processing of support orders to the State of Illinois
KIDS system and the recording of payments issued by the
State Disbursement Unit for the official record of the
Court. This fee is in addition to and separate from
amounts ordered to be paid as maintenance or child support
and shall be deposited into a Separate Maintenance and
Child Support Collection Fund, of which the clerk shall be
the custodian, ex officio, to be used by the clerk to
maintain child support orders and record all payments
issued by the State Disbursement Unit for the official
record of the Court. The clerk may recover from the person
making the maintenance or child support payment any
additional cost incurred in the collection of this annual

fee.
(3) The clerk may collect a fee of $5 for
certifications made to the Secretary of State as provided
in Section 7-703 of the Illinois Vehicle Code, and this
fee shall be deposited into the Separate Maintenance and
Child Support Collection Fund.
(4) In proceedings to foreclose the lien of delinquent
real estate taxes, State's Attorneys shall receive a fee
of 10% of the total amount realized from the sale of real
estate sold in the proceedings. The clerk shall collect
the fee from the total amount realized from the sale of the
real estate sold in the proceedings and remit to the
County Treasurer to be credited to the earnings of the
Office of the State's Attorney.
(l) Mailing. The fee for the clerk mailing documents shall
not exceed $10 plus the cost of postage.
(m) Certified copies. The fee for each certified copy of a
judgment, after the first copy, shall not exceed $10.
(n) Certification, authentication, and reproduction.
(1) The fee for each certification or authentication
for taking the acknowledgment of a deed or other
instrument in writing with the seal of office shall not
exceed $6.
(2) The fee for reproduction of any document contained
in the clerk's files shall not exceed:
(A) $2 for the first page;

(B) 50 cents per page for the next 19 pages; and
(C) 25 cents per page for all additional pages.
(o) Record search. For each record search, within a
division or municipal district, the clerk may collect a search
fee not to exceed $6 for each year searched.
(p) Hard copy. For each page of hard copy print output,
when case records are maintained on an automated medium, the
clerk may collect a fee not to exceed $10 in a county with a
population of 3,000,000 or more and not to exceed $6 in any
other county, except as applied to units of local government
and school districts in counties with more than 3,000,000
inhabitants an amount not to exceed $6.
(q) Index inquiry and other records. No fee shall be
charged for a single plaintiff and defendant index inquiry or
single case record inquiry when this request is made in person
and the records are maintained in a current automated medium,
and when no hard copy print output is requested. The fees to be
charged for management records, multiple case records, and
multiple journal records may be specified by the Chief Judge
pursuant to the guidelines for access and dissemination of
information approved by the Supreme Court.
(r) Performing a marriage. There shall be a $10 fee for
performing a marriage in court.
(s) Voluntary assignment. For filing each deed of
voluntary assignment, the clerk shall collect a fee not to
exceed $20. For recording a deed of voluntary assignment, the

clerk shall collect a fee not to exceed 50 cents for each 100
words. Exceptions filed to claims presented to an assignee of
a debtor who has made a voluntary assignment for the benefit of
creditors shall be considered and treated, for the purpose of
taxing costs therein, as actions in which the party or parties
filing the exceptions shall be considered as party or parties
plaintiff, and the claimant or claimants as party or parties
defendant, and those parties respectively shall pay to the
clerk the same fees as provided by this Section to be paid in
other actions.
(t) Expungement petition. The clerk may collect a fee not
to exceed $60 for each expungement petition filed and an
additional fee not to exceed $4 for each certified copy of an
order to expunge arrest records.
(u) Transcripts of judgment. For the filing of a
transcript of judgment, the clerk may collect the same fee as
if it were the commencement of a new suit.
(v) Probate filings.
(1) For each account (other than one final account)
filed in the estate of a decedent, or ward, the fee shall
not exceed $25.
(2) For filing a claim in an estate when the amount
claimed is greater than $150 and not more than $500, the
fee shall not exceed $40 in a county with a population of
3,000,000 or more and shall not exceed $25 in any other
county; when the amount claimed is greater than $500 and

not more than $10,000, the fee shall not exceed $55 in a
county with a population of 3,000,000 or more and shall
not exceed $40 in any other county; and when the amount
claimed is more than $10,000, the fee shall not exceed $75
in a county with a population of 3,000,000 or more and
shall not exceed $60 in any other county; except the court
in allowing a claim may add to the amount allowed the
filing fee paid by the claimant.
(3) For filing in an estate a claim, petition, or
supplemental proceeding based upon an action seeking
equitable relief including the construction or contest of
a will, enforcement of a contract to make a will, and
proceedings involving testamentary trusts or the
appointment of testamentary trustees, the fee shall not
exceed $60.
(4) There shall be no fee for filing in an estate: (i)
the appearance of any person for the purpose of consent;
or (ii) the appearance of an executor, administrator,
administrator to collect, guardian, guardian ad litem, or
special administrator.
(5) For each jury demand, the fee shall not exceed
$137.50.
(6) For each certified copy of letters of office, of
court order, or other certification, the fee shall not
exceed $2 per page.
(7) For each exemplification, the fee shall not exceed

$2, plus the fee for certification.
(8) The executor, administrator, guardian, petitioner,
or other interested person or his or her attorney shall
pay the cost of publication by the clerk directly to the
newspaper.
(9) The person on whose behalf a charge is incurred
for witness, court reporter, appraiser, or other
miscellaneous fees shall pay the same directly to the
person entitled thereto.
(10) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay to the clerk all postage charges
incurred by the clerk in mailing petitions, orders,
notices, or other documents pursuant to the provisions of
the Probate Act of 1975.
(w) Corrections of numbers. For correction of the case
number, case title, or attorney computer identification
number, if required by rule of court, on any document filed in
the clerk's office, to be charged against the party that filed
the document, the fee shall not exceed $25.
(x) Miscellaneous.
(1) Interest earned on any fees collected by the clerk
shall be turned over to the county general fund as an
earning of the office.
(2) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account

closed, or payment stopped, the clerk shall collect a fee
of $25.
(y) Other fees. Any fees not covered in this Section shall
be set by rule or administrative order of the circuit court
with the approval of the Administrative Office of the Illinois
Courts. The clerk of the circuit court may provide services in
connection with the operation of the clerk's office, other
than those services mentioned in this Section, as may be
requested by the public and agreed to by the clerk and approved
by the Chief Judge. Any charges for additional services shall
be as agreed to between the clerk and the party making the
request and approved by the Chief Judge. Nothing in this
subsection shall be construed to require any clerk to provide
any service not otherwise required by law.
(y-5) Unpaid fees. Unless a court ordered payment schedule
is implemented or the fee requirements of this Section are
waived under a court order, the clerk of the circuit court may
add to any unpaid fees and costs under this Section a
delinquency amount equal to 5% of the unpaid fees that remain
unpaid after 30 days, 10% of the unpaid fees that remain unpaid
after 60 days, and 15% of the unpaid fees that remain unpaid
after 90 days. Notice to those parties may be made by signage
posting or publication. The additional delinquency amounts
collected under this Section shall be deposited into the
Circuit Court Clerk Operations and Administration Fund and
used to defray additional administrative costs incurred by the

clerk of the circuit court in collecting unpaid fees and
costs.
(z) Exceptions.
(1) No fee authorized by this Section shall apply to:
(A) police departments or other law enforcement
agencies. In this Section, "law enforcement agency"
means: an agency of the State or agency of a unit of
local government which is vested by law or ordinance
with the duty to maintain public order and to enforce
criminal laws or ordinances; the Attorney General; or
any State's Attorney;
(A-5) any unit of local government or school
district, except in counties having a population of
500,000 or more the county board may by resolution set
fees for units of local government or school districts
no greater than the minimum fees applicable in
counties with a population less than 3,000,000;
provided however, no fee may be charged to any unit of
local government or school district in connection with
any action which, in whole or in part, is: (i) to
enforce an ordinance; (ii) to collect a debt; or (iii)
under the Administrative Review Law;
(B) any action instituted by the corporate
authority of a municipality with more than 1,000,000
inhabitants under Section 11-31-1 of the Illinois
Municipal Code and any action instituted under

subsection (b) of Section 11-31-1 of the Illinois
Municipal Code by a private owner or tenant of real
property within 1,200 feet of a dangerous or unsafe
building seeking an order compelling the owner or
owners of the building to take any of the actions
authorized under that subsection;
(C) any commitment petition or petition for an
order authorizing the administration of psychotropic
medication or electroconvulsive therapy under the
Mental Health and Developmental Disabilities Code;
(D) a petitioner in any order of protection
proceeding, including, but not limited to, fees for
filing, modifying, withdrawing, certifying, or
photocopying petitions for orders of protection,
issuing alias summons, any related filing service, or
certifying, modifying, vacating, or photocopying any
orders of protection; or
(E) proceedings for the appointment of a
confidential intermediary under the Adoption Act.
(2) No fee other than the filing fee contained in the
applicable schedule in subsection (a) shall be charged to
any person in connection with an adoption proceeding.
(3) Upon good cause shown, the court may waive any
fees associated with a special needs adoption. The term
"special needs adoption" has the meaning provided by the
Illinois Department of Children and Family Services.

(aa) This Section is repealed on January 1, 2022.
(Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19;
100-1161, eff. 7-1-19; 101-645, eff. 6-26-20; revised
8-18-20.)
Section 705. The Juvenile Court Act of 1987 is amended by
changing Sections 2-4a, 2-31, 5-710, and 5-915 as follows:
(705 ILCS 405/2-4a)
Sec. 2-4a. Special immigrant minor.
(a) The court has jurisdiction to make the findings
necessary to enable a minor who has been adjudicated a ward of
the court to petition the United States Citizenship and
Immigration Services for classification as a special immigrant
juvenile under 8 U.S.C. 1101(a)(27)(J). A minor for whom the
court finds under subsection (b) shall remain under the
jurisdiction of the court until his or her special immigrant
juvenile petition is filed with the United States Citizenship
and Immigration Services, or its successor agency.
(b) If a motion requests findings regarding Special
Immigrant Juvenile Status under 8 U.S.C. 1101(a)(27)(J) and
the evidence, which may consist solely of, but is not limited
to, a declaration of the minor, supports the findings, the
court shall issue an order that includes the following
findings:
(1) (A) the minor is declared a dependent of the

court; or (B) the minor is legally committed to, or placed
under the custody of, a State agency or department, or an
individual or entity appointed by the court; and
(2) that reunification of the minor with one or both
of the minor's parents is not viable due to abuse,
neglect, abandonment, or other similar basis; and
(3) that it is not in the best interest of the minor to
be returned to the minor's or parent's previous country of
nationality or last habitual residence.
(c) In this Section, : (1) The term "abandonment" means,
but is not limited to, the failure of a parent or legal
guardian to maintain a reasonable degree of interest, concern,
or responsibility for the welfare of his or her minor child or
ward. (2) (Blank).
(d) (Blank).
(Source: P.A. 101-121, eff. 11-25-19 (see P.A. 101-592 for the
effective date of changes made by P.A. 101-121); revised
9-8-20.)
(705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
Sec. 2-31. Duration of wardship and discharge of
proceedings.
(1) All proceedings under Article II of this Act in
respect of any minor automatically terminate upon his or her
attaining the age of 21 years.
(2) Whenever the court determines, and makes written

factual findings, that health, safety, and the best interests
of the minor and the public no longer require the wardship of
the court, the court shall order the wardship terminated and
all proceedings under this Act respecting that minor finally
closed and discharged. The court may at the same time continue
or terminate any custodianship or guardianship theretofore
ordered but the termination must be made in compliance with
Section 2-28. When terminating wardship under this Section, if
the minor is over 18, or if wardship is terminated in
conjunction with an order partially or completely emancipating
the minor in accordance with the Emancipation of Minors Act,
the court shall also consider the following factors, in
addition to the health, safety, and best interest of the minor
and the public: (A) the minor's wishes regarding case closure;
(B) the manner in which the minor will maintain independence
without services from the Department; (C) the minor's
engagement in services including placement offered by the
Department; (D) if the minor is not engaged, the Department's
efforts to engage the minor; (E) the nature of communication
between the minor and the Department; (F) the minor's
involvement in other State systems or services; (G) the
minor's connections with family and other community support;
and (H) any other factor the court deems relevant. The minor's
lack of cooperation with services provided by the Department
of Children and Family Services shall not by itself be
considered sufficient evidence that the minor is prepared to

live independently and that it is in the best interest of the
minor to terminate wardship. It shall not be in the minor's
best interest to terminate wardship of a minor over the age of
18 who is in the guardianship of the Department of Children and
Family Services if the Department has not made reasonable
efforts to ensure that the minor has documents necessary for
adult living as provided in Section 35.10 of the Children and
Family Services Act.
(3) The wardship of the minor and any custodianship or
guardianship respecting the minor for whom a petition was
filed after July 24, 1991 (the effective date of Public Act
87-14) this amendatory Act of 1991 automatically terminates
when he attains the age of 19 years, except as set forth in
subsection (1) of this Section. The clerk of the court shall at
that time record all proceedings under this Act as finally
closed and discharged for that reason. The provisions of this
subsection (3) become inoperative on and after July 12, 2019
(the effective date of Public Act 101-78) this amendatory Act
of the 101st General Assembly.
(4) Notwithstanding any provision of law to the contrary,
the changes made by Public Act 101-78 this amendatory Act of
the 101st General Assembly apply to all cases that are pending
on or after July 12, 2019 (the effective date of Public Act
101-78) this amendatory Act of the 101st General Assembly.
(Source: P.A. 100-680, eff. 1-1-19; 101-78, eff. 7-12-19;
revised 9-12-19.)

(705 ILCS 405/5-710)
Sec. 5-710. Kinds of sentencing orders.
(1) The following kinds of sentencing orders may be made
in respect of wards of the court:
(a) Except as provided in Sections 5-805, 5-810, and
5-815, a minor who is found guilty under Section 5-620 may
be:
(i) put on probation or conditional discharge and
released to his or her parents, guardian or legal
custodian, provided, however, that any such minor who
is not committed to the Department of Juvenile Justice
under this subsection and who is found to be a
delinquent for an offense which is first degree
murder, a Class X felony, or a forcible felony shall be
placed on probation;
(ii) placed in accordance with Section 5-740, with
or without also being put on probation or conditional
discharge;
(iii) required to undergo a substance abuse
assessment conducted by a licensed provider and
participate in the indicated clinical level of care;
(iv) on and after January 1, 2015 (the effective
date of Public Act 98-803) this amendatory Act of the
98th General Assembly and before January 1, 2017,
placed in the guardianship of the Department of

Children and Family Services, but only if the
delinquent minor is under 16 years of age or, pursuant
to Article II of this Act, a minor under the age of 18
for whom an independent basis of abuse, neglect, or
dependency exists. On and after January 1, 2017,
placed in the guardianship of the Department of
Children and Family Services, but only if the
delinquent minor is under 15 years of age or, pursuant
to Article II of this Act, a minor for whom an
independent basis of abuse, neglect, or dependency
exists. An independent basis exists when the
allegations or adjudication of abuse, neglect, or
dependency do not arise from the same facts, incident,
or circumstances which give rise to a charge or
adjudication of delinquency;
(v) placed in detention for a period not to exceed
30 days, either as the exclusive order of disposition
or, where appropriate, in conjunction with any other
order of disposition issued under this paragraph,
provided that any such detention shall be in a
juvenile detention home and the minor so detained
shall be 10 years of age or older. However, the 30-day
limitation may be extended by further order of the
court for a minor under age 15 committed to the
Department of Children and Family Services if the
court finds that the minor is a danger to himself or

others. The minor shall be given credit on the
sentencing order of detention for time spent in
detention under Sections 5-501, 5-601, 5-710, or 5-720
of this Article as a result of the offense for which
the sentencing order was imposed. The court may grant
credit on a sentencing order of detention entered
under a violation of probation or violation of
conditional discharge under Section 5-720 of this
Article for time spent in detention before the filing
of the petition alleging the violation. A minor shall
not be deprived of credit for time spent in detention
before the filing of a violation of probation or
conditional discharge alleging the same or related act
or acts. The limitation that the minor shall only be
placed in a juvenile detention home does not apply as
follows:
Persons 18 years of age and older who have a
petition of delinquency filed against them may be
confined in an adult detention facility. In making a
determination whether to confine a person 18 years of
age or older who has a petition of delinquency filed
against the person, these factors, among other
matters, shall be considered:
(A) the age of the person;
(B) any previous delinquent or criminal
history of the person;

(C) any previous abuse or neglect history of
the person;
(D) any mental health history of the person;
and
(E) any educational history of the person;
(vi) ordered partially or completely emancipated
in accordance with the provisions of the Emancipation
of Minors Act;
(vii) subject to having his or her driver's
license or driving privileges suspended for such time
as determined by the court but only until he or she
attains 18 years of age;
(viii) put on probation or conditional discharge
and placed in detention under Section 3-6039 of the
Counties Code for a period not to exceed the period of
incarceration permitted by law for adults found guilty
of the same offense or offenses for which the minor was
adjudicated delinquent, and in any event no longer
than upon attainment of age 21; this subdivision
(viii) notwithstanding any contrary provision of the
law;
(ix) ordered to undergo a medical or other
procedure to have a tattoo symbolizing allegiance to a
street gang removed from his or her body; or
(x) placed in electronic monitoring or home
detention under Part 7A of this Article.

(b) A minor found to be guilty may be committed to the
Department of Juvenile Justice under Section 5-750 if the
minor is at least 13 years and under 20 years of age,
provided that the commitment to the Department of Juvenile
Justice shall be made only if the minor was found guilty of
a felony offense or first degree murder. The court shall
include in the sentencing order any pre-custody credits
the minor is entitled to under Section 5-4.5-100 of the
Unified Code of Corrections. The time during which a minor
is in custody before being released upon the request of a
parent, guardian or legal custodian shall also be
considered as time spent in custody.
(c) When a minor is found to be guilty for an offense
which is a violation of the Illinois Controlled Substances
Act, the Cannabis Control Act, or the Methamphetamine
Control and Community Protection Act and made a ward of
the court, the court may enter a disposition order
requiring the minor to undergo assessment, counseling or
treatment in a substance use disorder treatment program
approved by the Department of Human Services.
(2) Any sentencing order other than commitment to the
Department of Juvenile Justice may provide for protective
supervision under Section 5-725 and may include an order of
protection under Section 5-730.
(3) Unless the sentencing order expressly so provides, it
does not operate to close proceedings on the pending petition,

but is subject to modification until final closing and
discharge of the proceedings under Section 5-750.
(4) In addition to any other sentence, the court may order
any minor found to be delinquent to make restitution, in
monetary or non-monetary form, under the terms and conditions
of Section 5-5-6 of the Unified Code of Corrections, except
that the "presentencing hearing" referred to in that Section
shall be the sentencing hearing for purposes of this Section.
The parent, guardian or legal custodian of the minor may be
ordered by the court to pay some or all of the restitution on
the minor's behalf, pursuant to the Parental Responsibility
Law. The State's Attorney is authorized to act on behalf of any
victim in seeking restitution in proceedings under this
Section, up to the maximum amount allowed in Section 5 of the
Parental Responsibility Law.
(5) Any sentencing order where the minor is committed or
placed in accordance with Section 5-740 shall provide for the
parents or guardian of the estate of the minor to pay to the
legal custodian or guardian of the person of the minor such
sums as are determined by the custodian or guardian of the
person of the minor as necessary for the minor's needs. The
payments may not exceed the maximum amounts provided for by
Section 9.1 of the Children and Family Services Act.
(6) Whenever the sentencing order requires the minor to
attend school or participate in a program of training, the
truant officer or designated school official shall regularly

report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code. Notwithstanding
any other provision of this Act, in instances in which
educational services are to be provided to a minor in a
residential facility where the minor has been placed by the
court, costs incurred in the provision of those educational
services must be allocated based on the requirements of the
School Code.
(7) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for a period of time in excess
of that period for which an adult could be committed for the
same act. The court shall include in the sentencing order a
limitation on the period of confinement not to exceed the
maximum period of imprisonment the court could impose under
Chapter V 5 of the Unified Code of Corrections.
(7.5) In no event shall a guilty minor be committed to the
Department of Juvenile Justice or placed in detention when the
act for which the minor was adjudicated delinquent would not
be illegal if committed by an adult.
(7.6) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for an offense which is a Class
4 felony under Section 19-4 (criminal trespass to a
residence), 21-1 (criminal damage to property), 21-1.01
(criminal damage to government supported property), 21-1.3
(criminal defacement of property), 26-1 (disorderly conduct),
or 31-4 (obstructing justice) of the Criminal Code of 2012.

(7.75) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for an offense that is a Class 3
or Class 4 felony violation of the Illinois Controlled
Substances Act unless the commitment occurs upon a third or
subsequent judicial finding of a violation of probation for
substantial noncompliance with court-ordered treatment or
programming.
(8) A minor found to be guilty for reasons that include a
violation of Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012 shall be ordered to perform community
service for not less than 30 and not more than 120 hours, if
community service is available in the jurisdiction. The
community service shall include, but need not be limited to,
the cleanup and repair of the damage that was caused by the
violation or similar damage to property located in the
municipality or county in which the violation occurred. The
order may be in addition to any other order authorized by this
Section.
(8.5) A minor found to be guilty for reasons that include a
violation of Section 3.02 or Section 3.03 of the Humane Care
for Animals Act or paragraph (d) of subsection (1) of Section
21-1 of the Criminal Code of 1961 or paragraph (4) of
subsection (a) of Section 21-1 of the Criminal Code of 2012
shall be ordered to undergo medical or psychiatric treatment
rendered by a psychiatrist or psychological treatment rendered
by a clinical psychologist. The order may be in addition to any

other order authorized by this Section.
(9) In addition to any other sentencing order, the court
shall order any minor found to be guilty for an act which would
constitute, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual assault,
aggravated criminal sexual abuse, or criminal sexual abuse if
committed by an adult to undergo medical testing to determine
whether the defendant has any sexually transmissible disease
including a test for infection with human immunodeficiency
virus (HIV) or any other identified causative agency of
acquired immunodeficiency syndrome (AIDS). Any medical test
shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily fluids
as well as an examination of the minor's person. Except as
otherwise provided by law, the results of the test shall be
kept strictly confidential by all medical personnel involved
in the testing and must be personally delivered in a sealed
envelope to the judge of the court in which the sentencing
order was entered for the judge's inspection in camera. Acting
in accordance with the best interests of the victim and the
public, the judge shall have the discretion to determine to
whom the results of the testing may be revealed. The court
shall notify the minor of the results of the test for infection
with the human immunodeficiency virus (HIV). The court shall
also notify the victim if requested by the victim, and if the
victim is under the age of 15 and if requested by the victim's

parents or legal guardian, the court shall notify the victim's
parents or the legal guardian, of the results of the test for
infection with the human immunodeficiency virus (HIV). The
court shall provide information on the availability of HIV
testing and counseling at the Department of Public Health
facilities to all parties to whom the results of the testing
are revealed. The court shall order that the cost of any test
shall be paid by the county and may be taxed as costs against
the minor.
(10) When a court finds a minor to be guilty the court
shall, before entering a sentencing order under this Section,
make a finding whether the offense committed either: (a) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the minor's membership in
or allegiance to an organized gang, or (b) involved a
violation of subsection (a) of Section 12-7.1 of the Criminal
Code of 1961 or the Criminal Code of 2012, a violation of any
Section of Article 24 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a violation of any statute that
involved the wrongful use of a firearm. If the court
determines the question in the affirmative, and the court does
not commit the minor to the Department of Juvenile Justice,
the court shall order the minor to perform community service
for not less than 30 hours nor more than 120 hours, provided
that community service is available in the jurisdiction and is
funded and approved by the county board of the county where the

offense was committed. The community service shall include,
but need not be limited to, the cleanup and repair of any
damage caused by a violation of Section 21-1.3 of the Criminal
Code of 1961 or the Criminal Code of 2012 and similar damage to
property located in the municipality or county in which the
violation occurred. When possible and reasonable, the
community service shall be performed in the minor's
neighborhood. This order shall be in addition to any other
order authorized by this Section except for an order to place
the minor in the custody of the Department of Juvenile
Justice. For the purposes of this Section, "organized gang"
has the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(11) If the court determines that the offense was
committed in furtherance of the criminal activities of an
organized gang, as provided in subsection (10), and that the
offense involved the operation or use of a motor vehicle or the
use of a driver's license or permit, the court shall notify the
Secretary of State of that determination and of the period for
which the minor shall be denied driving privileges. If, at the
time of the determination, the minor does not hold a driver's
license or permit, the court shall provide that the minor
shall not be issued a driver's license or permit until his or
her 18th birthday. If the minor holds a driver's license or
permit at the time of the determination, the court shall
provide that the minor's driver's license or permit shall be

revoked until his or her 21st birthday, or until a later date
or occurrence determined by the court. If the minor holds a
driver's license at the time of the determination, the court
may direct the Secretary of State to issue the minor a judicial
driving permit, also known as a JDP. The JDP shall be subject
to the same terms as a JDP issued under Section 6-206.1 of the
Illinois Vehicle Code, except that the court may direct that
the JDP be effective immediately.
(12) (Blank).
(Source: P.A. 100-201, eff. 8-18-17; 100-431, eff. 8-25-17;
100-759, eff. 1-1-19; 101-2, eff. 7-1-19; 101-79, eff.
7-12-19; 101-159, eff. 1-1-20; revised 8-8-19.)
(705 ILCS 405/5-915)
Sec. 5-915. Expungement of juvenile law enforcement and
juvenile court records.
(0.05) (Blank).
(0.1) (a) The Department of State Police and all law
enforcement agencies within the State shall automatically
expunge, on or before January 1 of each year, all juvenile law
enforcement records relating to events occurring before an
individual's 18th birthday if:
(1) one year or more has elapsed since the date of the
arrest or law enforcement interaction documented in the
records;
(2) no petition for delinquency or criminal charges

were filed with the clerk of the circuit court relating to
the arrest or law enforcement interaction documented in
the records; and
(3) 6 months have elapsed since the date of the arrest
without an additional subsequent arrest or filing of a
petition for delinquency or criminal charges whether
related or not to the arrest or law enforcement
interaction documented in the records.
(b) If the law enforcement agency is unable to verify
satisfaction of conditions (2) and (3) of this subsection
(0.1), records that satisfy condition (1) of this subsection
(0.1) shall be automatically expunged if the records relate to
an offense that if committed by an adult would not be an
offense classified as Class 2 felony or higher, an offense
under Article 11 of the Criminal Code of 1961 or Criminal Code
of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961.
(0.15) If a juvenile law enforcement record meets
paragraph (a) of subsection (0.1) of this Section, a juvenile
law enforcement record created:
(1) prior to January 1, 2018, but on or after January
1, 2013 shall be automatically expunged prior to January
1, 2020;
(2) prior to January 1, 2013, but on or after January
1, 2000, shall be automatically expunged prior to January
1, 2023; and

(3) prior to January 1, 2000 shall not be subject to
the automatic expungement provisions of this Act.
Nothing in this subsection (0.15) shall be construed to
restrict or modify an individual's right to have his or her
juvenile law enforcement records expunged except as otherwise
may be provided in this Act.
(0.2) (a) Upon dismissal of a petition alleging
delinquency or upon a finding of not delinquent, the
successful termination of an order of supervision, or the
successful termination of an adjudication for an offense which
would be a Class B misdemeanor, Class C misdemeanor, or a petty
or business offense if committed by an adult, the court shall
automatically order the expungement of the juvenile court
records and juvenile law enforcement records. The clerk shall
deliver a certified copy of the expungement order to the
Department of State Police and the arresting agency. Upon
request, the State's Attorney shall furnish the name of the
arresting agency. The expungement shall be completed within 60
business days after the receipt of the expungement order.
(b) If the chief law enforcement officer of the agency, or
his or her designee, certifies in writing that certain
information is needed for a pending investigation involving
the commission of a felony, that information, and information
identifying the juvenile, may be retained until the statute of
limitations for the felony has run. If the chief law
enforcement officer of the agency, or his or her designee,

certifies in writing that certain information is needed with
respect to an internal investigation of any law enforcement
office, that information and information identifying the
juvenile may be retained within an intelligence file until the
investigation is terminated or the disciplinary action,
including appeals, has been completed, whichever is later.
Retention of a portion of a juvenile's law enforcement record
does not disqualify the remainder of his or her record from
immediate automatic expungement.
(0.3) (a) Upon an adjudication of delinquency based on any
offense except a disqualified offense, the juvenile court
shall automatically order the expungement of the juvenile
court and law enforcement records 2 years after the juvenile's
case was closed if no delinquency or criminal proceeding is
pending and the person has had no subsequent delinquency
adjudication or criminal conviction. The clerk shall deliver a
certified copy of the expungement order to the Department of
State Police and the arresting agency. Upon request, the
State's Attorney shall furnish the name of the arresting
agency. The expungement shall be completed within 60 business
days after the receipt of the expungement order. In this
subsection (0.3), "disqualified offense" means any of the
following offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1,
9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9,
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5,

12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1,
18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,
29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
of subsection (a) of Section 11-14.4, subsection (a-5) of
Section 12-3.1, paragraph (1), (2), or (3) of subsection (a)
of Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
paragraph (1) or (2) of subsection (a) of Section 12-7.4,
subparagraph (i) of paragraph (1) of subsection (a) of Section
12-9, subparagraph (H) of paragraph (3) of subsection (a) of
Section 24-1.6, paragraph (1) of subsection (a) of Section
25-1, or subsection (a-7) of Section 31-1 of the Criminal Code
of 2012.
(b) If the chief law enforcement officer of the agency, or
his or her designee, certifies in writing that certain
information is needed for a pending investigation involving
the commission of a felony, that information, and information
identifying the juvenile, may be retained in an intelligence
file until the investigation is terminated or for one
additional year, whichever is sooner. Retention of a portion
of a juvenile's juvenile law enforcement record does not
disqualify the remainder of his or her record from immediate
automatic expungement.
(0.4) Automatic expungement for the purposes of this
Section shall not require law enforcement agencies to

obliterate or otherwise destroy juvenile law enforcement
records that would otherwise need to be automatically expunged
under this Act, except after 2 years following the subject
arrest for purposes of use in civil litigation against a
governmental entity or its law enforcement agency or personnel
which created, maintained, or used the records. However, these
juvenile law enforcement records shall be considered expunged
for all other purposes during this period and the offense,
which the records or files concern, shall be treated as if it
never occurred as required under Section 5-923.
(0.5) Subsection (0.1) or (0.2) of this Section does not
apply to violations of traffic, boating, fish and game laws,
or county or municipal ordinances.
(0.6) Juvenile law enforcement records of a plaintiff who
has filed civil litigation against the governmental entity or
its law enforcement agency or personnel that created,
maintained, or used the records, or juvenile law enforcement
records that contain information related to the allegations
set forth in the civil litigation may not be expunged until
after 2 years have elapsed after the conclusion of the
lawsuit, including any appeal.
(0.7) Officer-worn body camera recordings shall not be
automatically expunged except as otherwise authorized by the
Law Enforcement Officer-Worn Body Camera Act.
(1) Whenever a person has been arrested, charged, or
adjudicated delinquent for an incident occurring before his or

her 18th birthday that if committed by an adult would be an
offense, and that person's juvenile law enforcement and
juvenile court records are not eligible for automatic
expungement under subsection (0.1), (0.2), or (0.3), the
person may petition the court at any time for expungement of
juvenile law enforcement records and juvenile court records
relating to the incident and, upon termination of all juvenile
court proceedings relating to that incident, the court shall
order the expungement of all records in the possession of the
Department of State Police, the clerk of the circuit court,
and law enforcement agencies relating to the incident, but
only in any of the following circumstances:
(a) the minor was arrested and no petition for
delinquency was filed with the clerk of the circuit court;
(a-5) the minor was charged with an offense and the
petition or petitions were dismissed without a finding of
delinquency;
(b) the minor was charged with an offense and was
found not delinquent of that offense;
(c) the minor was placed under supervision under
Section 5-615, and the order of supervision has since been
successfully terminated; or
(d) the minor was adjudicated for an offense which
would be a Class B misdemeanor, Class C misdemeanor, or a
petty or business offense if committed by an adult.
(1.5) The Department of State Police shall allow a person

to use the Access and Review process, established in the
Department of State Police, for verifying that his or her
juvenile law enforcement records relating to incidents
occurring before his or her 18th birthday eligible under this
Act have been expunged.
(1.6) (Blank).
(1.7) (Blank).
(1.8) (Blank).
(2) Any person whose delinquency adjudications are not
eligible for automatic expungement under subsection (0.3) of
this Section may petition the court to expunge all juvenile
law enforcement records relating to any incidents occurring
before his or her 18th birthday which did not result in
proceedings in criminal court and all juvenile court records
with respect to any adjudications except those based upon
first degree murder or an offense under Article 11 of the
Criminal Code of 2012 if the person is required to register
under the Sex Offender Registration Act at the time he or she
petitions the court for expungement; provided that: (a)
(blank); or (b) 2 years have elapsed since all juvenile court
proceedings relating to him or her have been terminated and
his or her commitment to the Department of Juvenile Justice
under this Act has been terminated.
(2.5) If a minor is arrested and no petition for
delinquency is filed with the clerk of the circuit court at the
time the minor is released from custody, the youth officer, if

applicable, or other designated person from the arresting
agency, shall notify verbally and in writing to the minor or
the minor's parents or guardians that the minor shall have an
arrest record and shall provide the minor and the minor's
parents or guardians with an expungement information packet,
information regarding this State's expungement laws including
a petition to expunge juvenile law enforcement and juvenile
court records obtained from the clerk of the circuit court.
(2.6) If a minor is referred to court, then, at the time of
sentencing, or dismissal of the case, or successful completion
of supervision, the judge shall inform the delinquent minor of
his or her rights regarding expungement and the clerk of the
circuit court shall provide an expungement information packet
to the minor, written in plain language, including information
regarding this State's expungement laws and a petition for
expungement, a sample of a completed petition, expungement
instructions that shall include information informing the
minor that (i) once the case is expunged, it shall be treated
as if it never occurred, (ii) he or she may apply to have
petition fees waived, (iii) once he or she obtains an
expungement, he or she may not be required to disclose that he
or she had a juvenile law enforcement or juvenile court
record, and (iv) if petitioning he or she may file the petition
on his or her own or with the assistance of an attorney. The
failure of the judge to inform the delinquent minor of his or
her right to petition for expungement as provided by law does

not create a substantive right, nor is that failure grounds
for: (i) a reversal of an adjudication of delinquency; , (ii) a
new trial; or (iii) an appeal.
(2.7) (Blank).
(2.8) (Blank).
(3) (Blank).
(3.1) (Blank).
(3.2) (Blank).
(3.3) (Blank).
(4) (Blank).
(5) (Blank).
(5.5) Whether or not expunged, records eligible for
automatic expungement under subdivision (0.1)(a), (0.2)(a), or
(0.3)(a) may be treated as expunged by the individual subject
to the records.
(6) (Blank).
(6.5) The Department of State Police or any employee of
the Department shall be immune from civil or criminal
liability for failure to expunge any records of arrest that
are subject to expungement under this Section because of
inability to verify a record. Nothing in this Section shall
create Department of State Police liability or responsibility
for the expungement of juvenile law enforcement records it
does not possess.
(7) (Blank).
(7.5) (Blank).

(8)(a) (Blank). (b) (Blank). (c) The expungement of
juvenile law enforcement or juvenile court records under
subsection (0.1), (0.2), or (0.3) of this Section shall be
funded by appropriation by the General Assembly for that
purpose.
(9) (Blank).
(10) (Blank).
(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;
100-201, eff. 8-18-17; 100-285, eff. 1-1-18; 100-720, eff.
8-3-18; 100-863, eff. 8-14-18; 100-987, eff. 7-1-19; 100-1162,
eff. 12-20-18; revised 7-16-19.)
Section 710. The Court of Claims Act is amended by
changing Section 22 as follows:
(705 ILCS 505/22) (from Ch. 37, par. 439.22)
Sec. 22. Every claim cognizable by the court Court and not
otherwise sooner barred by law shall be forever barred from
prosecution therein unless it is filed with the clerk of the
court Clerk of the Court within the time set forth as follows:
(a) All claims arising out of a contract must be filed
within 5 years after it first accrues, saving to minors,
and persons under legal disability at the time the claim
accrues, in which cases the claim must be filed within 5
years from the time the disability ceases.
(b) All claims cognizable against the State by vendors

of goods or services under the "The Illinois Public Aid
Code", approved April 11, 1967, as amended, must file
within one year after the accrual of the cause of action,
as provided in Section 11-13 of that Code.
(c) All claims arising under paragraph (c) of Section
8 of this Act must be automatically heard by the court
within 120 days after the person asserting such claim is
either issued a certificate of innocence from the circuit
court Circuit Court as provided in Section 2-702 of the
Code of Civil Procedure, or is granted a pardon by the
Governor, whichever occurs later, without the person
asserting the claim being required to file a petition
under Section 11 of this Act, except as otherwise provided
by the Crime Victims Compensation Act. Any claims filed by
the claimant under paragraph (c) of Section 8 of this Act
must be filed within 2 years after the person asserting
such claim is either issued a certificate of innocence as
provided in Section 2-702 of the Code of Civil Procedure,
or is granted a pardon by the Governor, whichever occurs
later.
(d) All claims arising under paragraph (f) of Section
8 of this Act must be filed within the time set forth in
Section 3 of the Line of Duty Compensation Act.
(e) All claims arising under paragraph (h) of Section
8 of this Act must be filed within one year of the date of
the death of the guardsman or militiaman as provided in

Section 3 of the "Illinois National Guardsman's and Naval
Militiaman's Compensation Act", approved August 12, 1971,
as amended.
(f) All claims arising under paragraph (g) of Section
8 of this Act must be filed within one year of the crime on
which a claim is based as provided in Section 6.1 of the
"Crime Victims Compensation Act", approved August 23,
1973, as amended.
(g) All claims arising from the Comptroller's refusal
to issue a replacement warrant pursuant to Section 10.10
of the State Comptroller Act must be filed within 5 years
after the date of the Comptroller's refusal.
(h) All other claims must be filed within 2 years
after it first accrues, saving to minors, and persons
under legal disability at the time the claim accrues, in
which case the claim must be filed within 2 years from the
time the disability ceases.
(i) The changes made by Public Act 86-458 apply to all
warrants issued within the 5-year 5 year period preceding
August 31, 1989 (the effective date of Public Act 86-458).
The changes made to this Section by Public Act 100-1124
this amendatory Act of the 100th General Assembly apply to
claims pending on November 27, 2018 (the effective date of
Public Act 100-1124) this amendatory Act of the 100th
General Assembly and to claims filed thereafter.
(j) All time limitations established under this Act

and the rules promulgated under this Act shall be binding
and jurisdictional, except upon extension authorized by
law or rule and granted pursuant to a motion timely filed.
(Source: P.A. 100-1124, eff. 11-27-18; revised 7-16-19.)
Section 715. The Criminal Code of 2012 is amended by
changing Sections 2-13, 3-6, 9-3.2, 12-2, 28-1, 28-2, 28-3,
28-5, and 29B-21 as follows:
(720 ILCS 5/2-13) (from Ch. 38, par. 2-13)
Sec. 2-13. "Peace officer". "Peace officer" means (i) any
person who by virtue of his office or public employment is
vested by law with a duty to maintain public order or to make
arrests for offenses, whether that duty extends to all
offenses or is limited to specific offenses, or (ii) any
person who, by statute, is granted and authorized to exercise
powers similar to those conferred upon any peace officer
employed by a law enforcement agency of this State.
For purposes of Sections concerning unlawful use of
weapons, for the purposes of assisting an Illinois peace
officer in an arrest, or when the commission of any offense
under Illinois law is directly observed by the person, and
statutes involving the false personation of a peace officer,
false personation of a peace officer while carrying a deadly
weapon, false personation of a peace officer in attempting or
committing a felony, and false personation of a peace officer

in attempting or committing a forcible felony, then officers,
agents, or employees of the federal government commissioned by
federal statute to make arrests for violations of federal
criminal laws shall be considered "peace officers" under this
Code, including, but not limited to, all criminal
investigators of:
(1) the United States Department of Justice, the
Federal Bureau of Investigation, and the Drug Enforcement
Administration Agency and all United States Marshals or
Deputy United States Marshals whose duties involve the
enforcement of federal criminal laws;
(1.5) the United States Department of Homeland
Security, United States Citizenship and Immigration
Services, United States Coast Guard, United States Customs
and Border Protection, and United States Immigration and
Customs Enforcement;
(2) the United States Department of the Treasury, the
Alcohol and Tobacco Tax and Trade Bureau, and the United
States Secret Service;
(3) the United States Internal Revenue Service;
(4) the United States General Services Administration;
(5) the United States Postal Service;
(6) (blank); and
(7) the United States Department of Defense.
(Source: P.A. 99-651, eff. 1-1-17; revised 8-28-20.)

(720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
Sec. 3-6. Extended limitations. The period within which a
prosecution must be commenced under the provisions of Section
3-5 or other applicable statute is extended under the
following conditions:
(a) A prosecution for theft involving a breach of a
fiduciary obligation to the aggrieved person may be commenced
as follows:
(1) If the aggrieved person is a minor or a person
under legal disability, then during the minority or legal
disability or within one year after the termination
thereof.
(2) In any other instance, within one year after the
discovery of the offense by an aggrieved person, or by a
person who has legal capacity to represent an aggrieved
person or has a legal duty to report the offense, and is
not himself or herself a party to the offense; or in the
absence of such discovery, within one year after the
proper prosecuting officer becomes aware of the offense.
However, in no such case is the period of limitation so
extended more than 3 years beyond the expiration of the
period otherwise applicable.
(b) A prosecution for any offense based upon misconduct in
office by a public officer or employee may be commenced within
one year after discovery of the offense by a person having a
legal duty to report such offense, or in the absence of such

discovery, within one year after the proper prosecuting
officer becomes aware of the offense. However, in no such case
is the period of limitation so extended more than 3 years
beyond the expiration of the period otherwise applicable.
(b-5) When the victim is under 18 years of age at the time
of the offense, a prosecution for involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in
persons and related offenses under Section 10-9 of this Code
may be commenced within 25 years of the victim attaining the
age of 18 years.
(b-6) When the victim is 18 years of age or over at the
time of the offense, a prosecution for involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in
persons and related offenses under Section 10-9 of this Code
may be commenced within 25 years after the commission of the
offense.
(b-7) (b-6) When the victim is under 18 years of age at the
time of the offense, a prosecution for female genital
mutilation may be commenced at any time.
(c) (Blank).
(d) A prosecution for child pornography, aggravated child
pornography, indecent solicitation of a child, soliciting for
a juvenile prostitute, juvenile pimping, exploitation of a
child, or promoting juvenile prostitution except for keeping a
place of juvenile prostitution may be commenced within one
year of the victim attaining the age of 18 years. However, in

no such case shall the time period for prosecution expire
sooner than 3 years after the commission of the offense.
(e) Except as otherwise provided in subdivision (j), a
prosecution for any offense involving sexual conduct or sexual
penetration, as defined in Section 11-0.1 of this Code, where
the defendant was within a professional or fiduciary
relationship or a purported professional or fiduciary
relationship with the victim at the time of the commission of
the offense may be commenced within one year after the
discovery of the offense by the victim.
(f) A prosecution for any offense set forth in Section 44
of the Environmental Protection Act may be commenced within 5
years after the discovery of such an offense by a person or
agency having the legal duty to report the offense or in the
absence of such discovery, within 5 years after the proper
prosecuting officer becomes aware of the offense.
(f-5) A prosecution for any offense set forth in Section
16-30 of this Code may be commenced within 5 years after the
discovery of the offense by the victim of that offense.
(g) (Blank).
(h) (Blank).
(i) Except as otherwise provided in subdivision (j), a
prosecution for criminal sexual assault, aggravated criminal
sexual assault, or aggravated criminal sexual abuse may be
commenced at any time. If the victim consented to the
collection of evidence using an Illinois State Police Sexual

Assault Evidence Collection Kit under the Sexual Assault
Survivors Emergency Treatment Act, it shall constitute
reporting for purposes of this Section.
Nothing in this subdivision (i) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
(i-5) A prosecution for armed robbery, home invasion,
kidnapping, or aggravated kidnaping may be commenced within 10
years of the commission of the offense if it arises out of the
same course of conduct and meets the criteria under one of the
offenses in subsection (i) of this Section.
(j) (1) When the victim is under 18 years of age at the
time of the offense, a prosecution for criminal sexual
assault, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, aggravated criminal sexual
abuse, felony criminal sexual abuse, or female genital
mutilation may be commenced at any time.
(2) When in circumstances other than as described in
paragraph (1) of this subsection (j), when the victim is under
18 years of age at the time of the offense, a prosecution for
failure of a person who is required to report an alleged or
suspected commission of criminal sexual assault, aggravated
criminal sexual assault, predatory criminal sexual assault of
a child, aggravated criminal sexual abuse, or felony criminal
sexual abuse under the Abused and Neglected Child Reporting
Act may be commenced within 20 years after the child victim

attains 18 years of age.
(3) When the victim is under 18 years of age at the time of
the offense, a prosecution for misdemeanor criminal sexual
abuse may be commenced within 10 years after the child victim
attains 18 years of age.
(4) Nothing in this subdivision (j) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
(j-5) A prosecution for armed robbery, home invasion,
kidnapping, or aggravated kidnaping may be commenced at any
time if it arises out of the same course of conduct and meets
the criteria under one of the offenses in subsection (j) of
this Section.
(k) (Blank).
(l) A prosecution for any offense set forth in Section
26-4 of this Code may be commenced within one year after the
discovery of the offense by the victim of that offense.
(l-5) A prosecution for any offense involving sexual
conduct or sexual penetration, as defined in Section 11-0.1 of
this Code, in which the victim was 18 years of age or older at
the time of the offense, may be commenced within one year after
the discovery of the offense by the victim when corroborating
physical evidence is available. The charging document shall
state that the statute of limitations is extended under this
subsection (l-5) and shall state the circumstances justifying
the extension. Nothing in this subsection (l-5) shall be

construed to shorten a period within which a prosecution must
be commenced under any other provision of this Section or
Section 3-5 of this Code.
(m) The prosecution shall not be required to prove at
trial facts which extend the general limitations in Section
3-5 of this Code when the facts supporting extension of the
period of general limitations are properly pled in the
charging document. Any challenge relating to the extension of
the general limitations period as defined in this Section
shall be exclusively conducted under Section 114-1 of the Code
of Criminal Procedure of 1963.
(n) A prosecution for any offense set forth in subsection
(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the
Illinois Public Aid Code, in which the total amount of money
involved is $5,000 or more, including the monetary value of
food stamps and the value of commodities under Section 16-1 of
this Code may be commenced within 5 years of the last act
committed in furtherance of the offense.
(Source: P.A. 100-80, eff. 8-11-17; 100-318, eff. 8-24-17;
100-434, eff. 1-1-18; 100-863, eff. 8-14-18; 100-998, eff.
1-1-19; 100-1010, eff. 1-1-19; 100-1087, eff. 1-1-19; 101-18,
eff. 1-1-20; 101-81, eff. 7-12-19; 101-130, eff. 1-1-20;
101-285, eff. 1-1-20; revised 9-23-19.)
(720 ILCS 5/9-3.2) (from Ch. 38, par. 9-3.2)
Sec. 9-3.2. Involuntary manslaughter and reckless homicide

of an unborn child.
(a) A person who unintentionally kills an unborn child
without lawful justification commits involuntary manslaughter
of an unborn child if his acts whether lawful or unlawful which
cause the death are such as are likely to cause death or great
bodily harm to some individual, and he performs them
recklessly, except in cases in which the cause of death
consists of the driving of a motor vehicle, in which case the
person commits reckless homicide of an unborn child.
(b) Sentence.
(1) Involuntary manslaughter of an unborn child is a
Class 3 felony.
(2) Reckless homicide of an unborn child is a Class 3
felony.
(c) For purposes of this Section, (1) "unborn child" shall
mean any individual of the human species from the implantation
of an embryo until birth, and (2) "person" shall not include
the pregnant individual whose unborn child is killed.
(d) This Section shall not apply to acts which cause the
death of an unborn child if those acts were committed during
any abortion, as defined in Section 1-10 of the Reproductive
Health Act,, to which the pregnant individual has consented.
This Section shall not apply to acts which were committed
pursuant to usual and customary standards of medical practice
during diagnostic testing or therapeutic treatment.
(e) The provisions of this Section shall not be construed

to prohibit the prosecution of any person under any other
provision of law, nor shall it be construed to preclude any
civil cause of action.
(Source: P.A. 101-13, eff. 6-12-19; revised 7-23-19.)
(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
Sec. 12-2. Aggravated assault.
(a) Offense based on location of conduct. A person commits
aggravated assault when he or she commits an assault against
an individual who is on or about a public way, public property,
a public place of accommodation or amusement, or a sports
venue, or in a church, synagogue, mosque, or other building,
structure, or place used for religious worship.
(b) Offense based on status of victim. A person commits
aggravated assault when, in committing an assault, he or she
knows the individual assaulted to be any of the following:
(1) A person with a physical disability or a person 60
years of age or older and the assault is without legal
justification.
(2) A teacher or school employee upon school grounds
or grounds adjacent to a school or in any part of a
building used for school purposes.
(3) A park district employee upon park grounds or
grounds adjacent to a park or in any part of a building
used for park purposes.
(4) A community policing volunteer, private security

officer, or utility worker:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(4.1) A peace officer, fireman, emergency management
worker, or emergency medical services personnel:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(5) A correctional officer or probation officer:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(6) A correctional institution employee, a county
juvenile detention center employee who provides direct and
continuous supervision of residents of a juvenile
detention center, including a county juvenile detention
center employee who supervises recreational activity for
residents of a juvenile detention center, or a Department
of Human Services employee, Department of Human Services

officer, or employee of a subcontractor of the Department
of Human Services supervising or controlling sexually
dangerous persons or sexually violent persons:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(7) An employee of the State of Illinois, a municipal
corporation therein, or a political subdivision thereof,
performing his or her official duties.
(8) A transit employee performing his or her official
duties, or a transit passenger.
(9) A sports official or coach actively participating
in any level of athletic competition within a sports
venue, on an indoor playing field or outdoor playing
field, or within the immediate vicinity of such a facility
or field.
(10) A person authorized to serve process under
Section 2-202 of the Code of Civil Procedure or a special
process server appointed by the circuit court, while that
individual is in the performance of his or her duties as a
process server.
(c) Offense based on use of firearm, device, or motor
vehicle. A person commits aggravated assault when, in
committing an assault, he or she does any of the following:

(1) Uses a deadly weapon, an air rifle as defined in
Section 24.8-0.1 of this Act, or any device manufactured
and designed to be substantially similar in appearance to
a firearm, other than by discharging a firearm.
(2) Discharges a firearm, other than from a motor
vehicle.
(3) Discharges a firearm from a motor vehicle.
(4) Wears a hood, robe, or mask to conceal his or her
identity.
(5) Knowingly and without lawful justification shines
or flashes a laser gun sight or other laser device
attached to a firearm, or used in concert with a firearm,
so that the laser beam strikes near or in the immediate
vicinity of any person.
(6) Uses a firearm, other than by discharging the
firearm, against a peace officer, community policing
volunteer, fireman, private security officer, emergency
management worker, emergency medical services personnel,
employee of a police department, employee of a sheriff's
department, or traffic control municipal employee:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(7) Without justification operates a motor vehicle in

a manner which places a person, other than a person listed
in subdivision (b)(4), in reasonable apprehension of being
struck by the moving motor vehicle.
(8) Without justification operates a motor vehicle in
a manner which places a person listed in subdivision
(b)(4), in reasonable apprehension of being struck by the
moving motor vehicle.
(9) Knowingly video or audio records the offense with
the intent to disseminate the recording.
(d) Sentence. Aggravated assault as defined in subdivision
(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except
that aggravated assault as defined in subdivision (b)(4) and
(b)(7) is a Class 4 felony if a Category I, Category II, or
Category III weapon is used in the commission of the assault.
Aggravated assault as defined in subdivision (b)(4.1), (b)(5),
(b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class
4 felony. Aggravated assault as defined in subdivision (c)(3)
or (c)(8) is a Class 3 felony.
(e) For the purposes of this Section, "Category I weapon",
"Category II weapon", and "Category III weapon" have the
meanings ascribed to those terms in Section 33A-1 of this
Code.
(Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)
(720 ILCS 5/28-1) (from Ch. 38, par. 28-1)

Sec. 28-1. Gambling.
(a) A person commits gambling when he or she:
(1) knowingly plays a game of chance or skill for
money or other thing of value, unless excepted in
subsection (b) of this Section;
(2) knowingly makes a wager upon the result of any
game, contest, or any political nomination, appointment or
election;
(3) knowingly operates, keeps, owns, uses, purchases,
exhibits, rents, sells, bargains for the sale or lease of,
manufactures or distributes any gambling device;
(4) contracts to have or give himself or herself or
another the option to buy or sell, or contracts to buy or
sell, at a future time, any grain or other commodity
whatsoever, or any stock or security of any company, where
it is at the time of making such contract intended by both
parties thereto that the contract to buy or sell, or the
option, whenever exercised, or the contract resulting
therefrom, shall be settled, not by the receipt or
delivery of such property, but by the payment only of
differences in prices thereof; however, the issuance,
purchase, sale, exercise, endorsement or guarantee, by or
through a person registered with the Secretary of State
pursuant to Section 8 of the Illinois Securities Law of
1953, or by or through a person exempt from such
registration under said Section 8, of a put, call, or

other option to buy or sell securities which have been
registered with the Secretary of State or which are exempt
from such registration under Section 3 of the Illinois
Securities Law of 1953 is not gambling within the meaning
of this paragraph (4);
(5) knowingly owns or possesses any book, instrument
or apparatus by means of which bets or wagers have been, or
are, recorded or registered, or knowingly possesses any
money which he has received in the course of a bet or
wager;
(6) knowingly sells pools upon the result of any game
or contest of skill or chance, political nomination,
appointment or election;
(7) knowingly sets up or promotes any lottery or
sells, offers to sell or transfers any ticket or share for
any lottery;
(8) knowingly sets up or promotes any policy game or
sells, offers to sell or knowingly possesses or transfers
any policy ticket, slip, record, document or other similar
device;
(9) knowingly drafts, prints or publishes any lottery
ticket or share, or any policy ticket, slip, record,
document or similar device, except for such activity
related to lotteries, bingo games and raffles authorized
by and conducted in accordance with the laws of Illinois
or any other state or foreign government;

(10) knowingly advertises any lottery or policy game,
except for such activity related to lotteries, bingo games
and raffles authorized by and conducted in accordance with
the laws of Illinois or any other state;
(11) knowingly transmits information as to wagers,
betting odds, or changes in betting odds by telephone,
telegraph, radio, semaphore or similar means; or knowingly
installs or maintains equipment for the transmission or
receipt of such information; except that nothing in this
subdivision (11) prohibits transmission or receipt of such
information for use in news reporting of sporting events
or contests; or
(12) knowingly establishes, maintains, or operates an
Internet site that permits a person to play a game of
chance or skill for money or other thing of value by means
of the Internet or to make a wager upon the result of any
game, contest, political nomination, appointment, or
election by means of the Internet. This item (12) does not
apply to activities referenced in items (6), (6.1), (8),
and (8.1), and (15) of subsection (b) of this Section.
(b) Participants in any of the following activities shall
not be convicted of gambling:
(1) Agreements to compensate for loss caused by the
happening of chance including without limitation contracts
of indemnity or guaranty and life or health or accident
insurance.

(2) Offers of prizes, award or compensation to the
actual contestants in any bona fide contest for the
determination of skill, speed, strength or endurance or to
the owners of animals or vehicles entered in such contest.
(3) Pari-mutuel betting as authorized by the law of
this State.
(4) Manufacture of gambling devices, including the
acquisition of essential parts therefor and the assembly
thereof, for transportation in interstate or foreign
commerce to any place outside this State when such
transportation is not prohibited by any applicable Federal
law; or the manufacture, distribution, or possession of
video gaming terminals, as defined in the Video Gaming
Act, by manufacturers, distributors, and terminal
operators licensed to do so under the Video Gaming Act.
(5) The game commonly known as "bingo", when conducted
in accordance with the Bingo License and Tax Act.
(6) Lotteries when conducted by the State of Illinois
in accordance with the Illinois Lottery Law. This
exemption includes any activity conducted by the
Department of Revenue to sell lottery tickets pursuant to
the provisions of the Illinois Lottery Law and its rules.
(6.1) The purchase of lottery tickets through the
Internet for a lottery conducted by the State of Illinois
under the program established in Section 7.12 of the
Illinois Lottery Law.

(7) Possession of an antique slot machine that is
neither used nor intended to be used in the operation or
promotion of any unlawful gambling activity or enterprise.
For the purpose of this subparagraph (b)(7), an antique
slot machine is one manufactured 25 years ago or earlier.
(8) Raffles and poker runs when conducted in
accordance with the Raffles and Poker Runs Act.
(8.1) The purchase of raffle chances for a raffle
conducted in accordance with the Raffles and Poker Runs
Act.
(9) Charitable games when conducted in accordance with
the Charitable Games Act.
(10) Pull tabs and jar games when conducted under the
Illinois Pull Tabs and Jar Games Act.
(11) Gambling games when authorized by the Illinois
Gambling Act.
(12) Video gaming terminal games at a licensed
establishment, licensed truck stop establishment, licensed
large truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment when
conducted in accordance with the Video Gaming Act.
(13) Games of skill or chance where money or other
things of value can be won but no payment or purchase is
required to participate.
(14) Savings promotion raffles authorized under
Section 5g of the Illinois Banking Act, Section 7008 of

the Savings Bank Act, Section 42.7 of the Illinois Credit
Union Act, Section 5136B of the National Bank Act (12
U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12
U.S.C. 1463).
(15) Sports wagering when conducted in accordance with
the Sports Wagering Act.
(c) Sentence.
Gambling is a Class A misdemeanor. A second or subsequent
conviction under subsections (a)(3) through (a)(12), is a
Class 4 felony.
(d) Circumstantial evidence.
In prosecutions under this Section circumstantial evidence
shall have the same validity and weight as in any criminal
prosecution.
(Source: P.A. 101-31, Article 25, Section 25-915, eff.
6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19;
101-109, eff. 7-19-19; revised 8-6-19.)
(720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
Sec. 28-2. Definitions.
(a) A "gambling device" is any clock, tape machine, slot
machine or other machines or device for the reception of money
or other thing of value on chance or skill or upon the action
of which money or other thing of value is staked, hazarded,
bet, won, or lost; or any mechanism, furniture, fixture,
equipment, or other device designed primarily for use in a

gambling place. A "gambling device" does not include:
(1) A coin-in-the-slot operated mechanical device
played for amusement which rewards the player with the
right to replay such mechanical device, which device is so
constructed or devised as to make such result of the
operation thereof depend in part upon the skill of the
player and which returns to the player thereof no money,
property, or right to receive money or property.
(2) Vending machines by which full and adequate return
is made for the money invested and in which there is no
element of chance or hazard.
(3) A crane game. For the purposes of this paragraph
(3), a "crane game" is an amusement device involving
skill, if it rewards the player exclusively with
merchandise contained within the amusement device proper
and limited to toys, novelties, and prizes other than
currency, each having a wholesale value which is not more
than $25.
(4) A redemption machine. For the purposes of this
paragraph (4), a "redemption machine" is a single-player
or multi-player amusement device involving a game, the
object of which is throwing, rolling, bowling, shooting,
placing, or propelling a ball or other object that is
either physical or computer generated on a display or with
lights into, upon, or against a hole or other target that
is either physical or computer generated on a display or

with lights, or stopping, by physical, mechanical, or
electronic means, a moving object that is either physical
or computer generated on a display or with lights into,
upon, or against a hole or other target that is either
physical or computer generated on a display or with
lights, provided that all of the following conditions are
met:
(A) The outcome of the game is predominantly
determined by the skill of the player.
(B) The award of the prize is based solely upon the
player's achieving the object of the game or otherwise
upon the player's score.
(C) Only merchandise prizes are awarded.
(D) The wholesale value of prizes awarded in lieu
of tickets or tokens for single play of the device does
not exceed $25.
(E) The redemption value of tickets, tokens, and
other representations of value, which may be
accumulated by players to redeem prizes of greater
value, for a single play of the device does not exceed
$25.
(5) Video gaming terminals at a licensed
establishment, licensed truck stop establishment, licensed
large truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment licensed
in accordance with the Video Gaming Act.

(a-5) "Internet" means an interactive computer service or
system or an information service, system, or access software
provider that provides or enables computer access by multiple
users to a computer server, and includes, but is not limited
to, an information service, system, or access software
provider that provides access to a network system commonly
known as the Internet, or any comparable system or service and
also includes, but is not limited to, a World Wide Web page,
newsgroup, message board, mailing list, or chat area on any
interactive computer service or system or other online
service.
(a-6) "Access" has the meaning ascribed to the term in
Section 17-55.
(a-7) "Computer" has the meaning ascribed to the term in
Section 17-0.5.
(b) A "lottery" is any scheme or procedure whereby one or
more prizes are distributed by chance among persons who have
paid or promised consideration for a chance to win such
prizes, whether such scheme or procedure is called a lottery,
raffle, gift, sale, or some other name, excluding savings
promotion raffles authorized under Section 5g of the Illinois
Banking Act, Section 7008 of the Savings Bank Act, Section
42.7 of the Illinois Credit Union Act, Section 5136B of the
National Bank Act (12 U.S.C. 25a), or Section 4 of the Home
Owners' Loan Act (12 U.S.C. 1463).
(c) A "policy game" is any scheme or procedure whereby a

person promises or guarantees by any instrument, bill,
certificate, writing, token, or other device that any
particular number, character, ticket, or certificate shall in
the event of any contingency in the nature of a lottery entitle
the purchaser or holder to receive money, property, or
evidence of debt.
(Source: P.A. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20;
revised 8-6-19.)
(720 ILCS 5/28-3) (from Ch. 38, par. 28-3)
Sec. 28-3. Keeping a gambling place. A "gambling place" is
any real estate, vehicle, boat, or any other property
whatsoever used for the purposes of gambling other than
gambling conducted in the manner authorized by the Illinois
Gambling Act, the Sports Wagering Act, or the Video Gaming
Act. Any person who knowingly permits any premises or property
owned or occupied by him or under his control to be used as a
gambling place commits a Class A misdemeanor. Each subsequent
offense is a Class 4 felony. When any premises is determined by
the circuit court to be a gambling place:
(a) Such premises is a public nuisance and may be
proceeded against as such, and
(b) All licenses, permits or certificates issued by
the State of Illinois or any subdivision or public agency
thereof authorizing the serving of food or liquor on such
premises shall be void; and no license, permit or

certificate so cancelled shall be reissued for such
premises for a period of 60 days thereafter; nor shall any
person convicted of keeping a gambling place be reissued
such license for one year from his conviction and, after a
second conviction of keeping a gambling place, any such
person shall not be reissued such license, and
(c) Such premises of any person who knowingly permits
thereon a violation of any Section of this Article shall
be held liable for, and may be sold to pay any unsatisfied
judgment that may be recovered and any unsatisfied fine
that may be levied under any Section of this Article.
(Source: P.A. 101-31, Article 25, Section 25-915, eff.
6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19;
revised 7-12-19.)
(720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
Sec. 28-5. Seizure of gambling devices and gambling funds.
(a) Every device designed for gambling which is incapable
of lawful use or every device used unlawfully for gambling
shall be considered a "gambling device", and shall be subject
to seizure, confiscation and destruction by the Department of
State Police or by any municipal, or other local authority,
within whose jurisdiction the same may be found. As used in
this Section, a "gambling device" includes any slot machine,
and includes any machine or device constructed for the
reception of money or other thing of value and so constructed

as to return, or to cause someone to return, on chance to the
player thereof money, property or a right to receive money or
property. With the exception of any device designed for
gambling which is incapable of lawful use, no gambling device
shall be forfeited or destroyed unless an individual with a
property interest in said device knows of the unlawful use of
the device.
(b) Every gambling device shall be seized and forfeited to
the county wherein such seizure occurs. Any money or other
thing of value integrally related to acts of gambling shall be
seized and forfeited to the county wherein such seizure
occurs.
(c) If, within 60 days after any seizure pursuant to
subparagraph (b) of this Section, a person having any property
interest in the seized property is charged with an offense,
the court which renders judgment upon such charge shall,
within 30 days after such judgment, conduct a forfeiture
hearing to determine whether such property was a gambling
device at the time of seizure. Such hearing shall be commenced
by a written petition by the State, including material
allegations of fact, the name and address of every person
determined by the State to have any property interest in the
seized property, a representation that written notice of the
date, time and place of such hearing has been mailed to every
such person by certified mail at least 10 days before such
date, and a request for forfeiture. Every such person may

appear as a party and present evidence at such hearing. The
quantum of proof required shall be a preponderance of the
evidence, and the burden of proof shall be on the State. If the
court determines that the seized property was a gambling
device at the time of seizure, an order of forfeiture and
disposition of the seized property shall be entered: a
gambling device shall be received by the State's Attorney, who
shall effect its destruction, except that valuable parts
thereof may be liquidated and the resultant money shall be
deposited in the general fund of the county wherein such
seizure occurred; money and other things of value shall be
received by the State's Attorney and, upon liquidation, shall
be deposited in the general fund of the county wherein such
seizure occurred. However, in the event that a defendant
raises the defense that the seized slot machine is an antique
slot machine described in subparagraph (b) (7) of Section 28-1
of this Code and therefore he is exempt from the charge of a
gambling activity participant, the seized antique slot machine
shall not be destroyed or otherwise altered until a final
determination is made by the Court as to whether it is such an
antique slot machine. Upon a final determination by the Court
of this question in favor of the defendant, such slot machine
shall be immediately returned to the defendant. Such order of
forfeiture and disposition shall, for the purposes of appeal,
be a final order and judgment in a civil proceeding.
(d) If a seizure pursuant to subparagraph (b) of this

Section is not followed by a charge pursuant to subparagraph
(c) of this Section, or if the prosecution of such charge is
permanently terminated or indefinitely discontinued without
any judgment of conviction or acquittal (1) the State's
Attorney shall commence an in rem proceeding for the
forfeiture and destruction of a gambling device, or for the
forfeiture and deposit in the general fund of the county of any
seized money or other things of value, or both, in the circuit
court and (2) any person having any property interest in such
seized gambling device, money or other thing of value may
commence separate civil proceedings in the manner provided by
law.
(e) Any gambling device displayed for sale to a riverboat
gambling operation, casino gambling operation, or organization
gaming facility or used to train occupational licensees of a
riverboat gambling operation, casino gambling operation, or
organization gaming facility as authorized under the Illinois
Gambling Act is exempt from seizure under this Section.
(f) Any gambling equipment, devices, and supplies provided
by a licensed supplier in accordance with the Illinois
Gambling Act which are removed from a riverboat, casino, or
organization gaming facility for repair are exempt from
seizure under this Section.
(g) The following video gaming terminals are exempt from
seizure under this Section:
(1) Video gaming terminals for sale to a licensed

distributor or operator under the Video Gaming Act.
(2) Video gaming terminals used to train licensed
technicians or licensed terminal handlers.
(3) Video gaming terminals that are removed from a
licensed establishment, licensed truck stop establishment,
licensed large truck stop establishment, licensed
fraternal establishment, or licensed veterans
establishment for repair.
(h) Property seized or forfeited under this Section is
subject to reporting under the Seizure and Forfeiture
Reporting Act.
(i) Any sports lottery terminals provided by a central
system provider that are removed from a lottery retailer for
repair under the Sports Wagering Act are exempt from seizure
under this Section.
(Source: P.A. 100-512, eff. 7-1-18; 101-31, Article 25,
Section 25-915, eff. 6-28-19; 101-31, Article 35, Section
35-80, eff. 6-28-19; revised 7-12-19.)
(720 ILCS 5/29B-21)
Sec. 29B-21. Attorney's fees. Nothing in this Article
applies to property that constitutes reasonable bona fide
attorney's fees paid to an attorney for services rendered or
to be rendered in the forfeiture proceeding or criminal
proceeding relating directly thereto if the property was paid
before its seizure and before the issuance of any seizure

warrant or court order prohibiting transfer of the property
and if the attorney, at the time he or she received the
property, did not know that it was property subject to
forfeiture under this Article.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18;
revised 7-12-19.)
Section 720. The Cannabis Control Act is amended by
changing Sections 5.2 and 5.3 as follows:
(720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
Sec. 5.2. Delivery of cannabis on school grounds.
(a) Any person who violates subsection (e) of Section 5 in
any school, on the real property comprising any school, or any
conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or on any public way within 500 feet of the real
property comprising any school, or in any conveyance owned,
leased or contracted by a school to transport students to or
from school or a school related activity, and at the time of
the violation persons under the age of 18 are present, the
offense is committed during school hours, or the offense is
committed at times when persons under the age of 18 are
reasonably expected to be present in the school, in the
conveyance, on the real property, or on the public way, such as
when after-school activities are occurring, is guilty of a

Class 1 felony, the fine for which shall not exceed $200,000. ;
(b) Any person who violates subsection (d) of Section 5 in
any school, on the real property comprising any school, or any
conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or on any public way within 500 feet of the real
property comprising any school, or in any conveyance owned,
leased or contracted by a school to transport students to or
from school or a school related activity, and at the time of
the violation persons under the age of 18 are present, the
offense is committed during school hours, or the offense is
committed at times when persons under the age of 18 are
reasonably expected to be present in the school, in the
conveyance, on the real property, or on the public way, such as
when after-school activities are occurring, is guilty of a
Class 2 felony, the fine for which shall not exceed $100,000. ;
(c) Any person who violates subsection (c) of Section 5 in
any school, on the real property comprising any school, or any
conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or on any public way within 500 feet of the real
property comprising any school, or in any conveyance owned,
leased or contracted by a school to transport students to or
from school or a school related activity, and at the time of
the violation persons under the age of 18 are present, the
offense is committed during school hours, or the offense is

committed at times when persons under the age of 18 are
reasonably expected to be present in the school, in the
conveyance, on the real property, or on the public way, such as
when after-school activities are occurring, is guilty of a
Class 3 felony, the fine for which shall not exceed $50,000. ;
(d) Any person who violates subsection (b) of Section 5 in
any school, on the real property comprising any school, or any
conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or on any public way within 500 feet of the real
property comprising any school, or in any conveyance owned,
leased or contracted by a school to transport students to or
from school or a school related activity, and at the time of
the violation persons under the age of 18 are present, the
offense is committed during school hours, or the offense is
committed at times when persons under the age of 18 are
reasonably expected to be present in the school, in the
conveyance, on the real property, or on the public way, such as
when after-school activities are occurring, is guilty of a
Class 4 felony, the fine for which shall not exceed $25,000. ;
(e) Any person who violates subsection (a) of Section 5 in
any school, on the real property comprising any school, or in
any conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, on any public way within 500 feet of the real
property comprising any school, or any conveyance owned,

leased or contracted by a school to transport students to or
from school or a school related activity, and at the time of
the violation persons under the age of 18 are present, the
offense is committed during school hours, or the offense is
committed at times when persons under the age of 18 are
reasonably expected to be present in the school, in the
conveyance, on the real property, or on the public way, such as
when after-school activities are occurring, is guilty of a
Class A misdemeanor.
(f) This Section does not apply to a violation that occurs
in or on the grounds of a building that is designated as a
school but is no longer operational or active as a school,
including a building that is temporarily or permanently closed
by a unit of local government.
(Source: P.A. 100-3, eff. 1-1-18; 101-429, eff. 8-20-19;
revised 8-28-20.)
(720 ILCS 550/5.3)
Sec. 5.3. Unlawful use of cannabis-based product
manufacturing equipment.
(a) A person commits unlawful use of cannabis-based
product manufacturing equipment when he or she knowingly
engages in the possession, procurement, transportation,
storage, or delivery of any equipment used in the
manufacturing of any cannabis-based product using volatile or
explosive gas, including, but not limited to, canisters of

butane gas, with the intent to manufacture, compound, covert,
produce, derive, process, or prepare either directly or
indirectly any cannabis-based product.
(b) This Section does not apply to a cultivation center or
cultivation center agent that prepares medical cannabis or
cannabis-infused products in compliance with the Compassionate
Use of Medical Cannabis Program Act and Department of Public
Health and Department of Agriculture rules.
(c) Sentence. A person who violates this Section is guilty
of a Class 2 felony.
(d) This Section does not apply to craft growers,
cultivation centers, and infuser organizations licensed under
the Cannabis Regulation and Tax Act.
(e) This Section does not apply to manufacturers of
cannabis-based product manufacturing equipment or transporting
organizations with documentation identifying the seller and
purchaser of the equipment if the seller or purchaser is a
craft grower, cultivation center, or infuser organization
licensed under the Cannabis Regulation and Tax Act.
(Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19;
revised 9-23-19.)
Section 725. The Prevention of Tobacco Use by Persons
under 21 Years of Age and Sale and Distribution of Tobacco
Products Act is amended by changing Section 2 as follows:

(720 ILCS 675/2) (from Ch. 23, par. 2358)
Sec. 2. Penalties.
(a) Any person who violates subsection (a), (a-5),
(a-5.1), (a-8), (b), or (d) of Section 1 of this Act is guilty
of a petty offense. For the first offense in a 24-month period,
the person shall be fined $200 if his or her employer has a
training program that facilitates compliance with minimum-age
tobacco laws. For the second offense in a 24-month period, the
person shall be fined $400 if his or her employer has a
training program that facilitates compliance with minimum-age
tobacco laws. For the third offense in a 24-month period, the
person shall be fined $600 if his or her employer has a
training program that facilitates compliance with minimum-age
tobacco laws. For the fourth or subsequent offense in a
24-month period, the person shall be fined $800 if his or her
employer has a training program that facilitates compliance
with minimum-age tobacco laws. For the purposes of this
subsection, the 24-month period shall begin with the person's
first violation of the Act. The penalties in this subsection
are in addition to any other penalties prescribed under the
Cigarette Tax Act and the Tobacco Products Tax Act of 1995.
(a-5) Any retailer who violates subsection (a), (a-5),
(a-5.1), (a-8), (b), or (d) of Section 1 of this Act is guilty
of a petty offense. For the first offense in a 24-month period,
the retailer shall be fined $200 if it does not have a training
program that facilitates compliance with minimum-age tobacco

laws. For the second offense in a 24-month period, the
retailer shall be fined $400 if it does not have a training
program that facilitates compliance with minimum-age tobacco
laws. For the third offense within a 24-month period, the
retailer shall be fined $600 if it does not have a training
program that facilitates compliance with minimum-age tobacco
laws. For the fourth or subsequent offense in a 24-month
period, the retailer shall be fined $800 if it does not have a
training program that facilitates compliance with minimum-age
tobacco laws. For the purposes of this subsection, the
24-month period shall begin with the person's first violation
of the Act. The penalties in this subsection are in addition to
any other penalties prescribed under the Cigarette Tax Act and
the Tobacco Products Tax Act of 1995.
(a-6) For the purpose of this Act, a training program that
facilitates compliance with minimum-age tobacco laws must
include at least the following elements: (i) it must explain
that only individuals displaying valid identification
demonstrating that they are 21 years of age or older shall be
eligible to purchase tobacco products, electronic cigarettes,
or alternative nicotine products and (ii) it must explain
where a clerk can check identification for a date of birth. The
training may be conducted electronically. Each retailer that
has a training program shall require each employee who
completes the training program to sign a form attesting that
the employee has received and completed tobacco training. The

form shall be kept in the employee's file and may be used to
provide proof of training.
(b) (Blank). I If a person under 21 years of age violates
subsection (a-6) of Section 1, he or she is guilty of a Class A
misdemeanor.
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) (Blank).
(h) All moneys collected as fines for violations of
subsection (a), (a-5), (a-5.1), (a-6), (a-8), (b), or (d) or
(a-7) of Section 1 shall be distributed in the following
manner:
(1) one-half of each fine shall be distributed to the
unit of local government or other entity that successfully
prosecuted the offender; and
(2) one-half shall be remitted to the State to be used
for enforcing this Act.
Any violation of subsection (a) or (a-5) of Section 1
shall be reported to the Department of Revenue within 7
business days.
(Source: P.A. 100-201, eff. 8-18-17; 101-2, eff. 7-1-19;
revised 4-29-19.)
Section 730. The Prevention of Cigarette Sales to Persons

under 21 Years of Age Act is amended by changing Section 7 as
follows:
(720 ILCS 678/7)
Sec. 7. Age verification and shipping requirements to
prevent delivery sales to persons under 21 years of age.
(a) No person, other than a delivery service, shall mail,
ship, or otherwise cause to be delivered a shipping package in
connection with a delivery sale unless the person:
(1) prior to the first delivery sale to the
prospective consumer, obtains from the prospective
consumer a written certification which includes a
statement signed by the prospective consumer that
certifies:
(A) the prospective consumer's current address;
and
(B) that the prospective consumer is at least the
legal minimum age;
(2) informs, in writing, such prospective consumer
that:
(A) the signing of another person's name to the
certification described in this Section is illegal;
(B) sales of cigarettes to individuals under 21
years of age are illegal;
(C) the purchase of cigarettes by individuals
under 21 years of age is illegal; and

(D) the name and identity of the prospective
consumer may be reported to the state of the
consumer's current address under the Act of October
19, 1949 (15 U.S.C. § 375, et seq.), commonly known as
the Jenkins Act;
(3) makes a good faith effort to verify the date of
birth of the prospective consumer provided pursuant to
this Section by:
(A) comparing the date of birth against a
commercially available database; or
(B) obtaining a photocopy or other image of a
valid, government-issued identification stating the
date of birth or age of the prospective consumer;
(4) provides to the prospective consumer a notice that
meets the requirements of subsection (b);
(5) receives payment for the delivery sale from the
prospective consumer by a credit or debit card that has
been issued in such consumer's name, or by a check or other
written instrument in such consumer's name; and
(6) ensures that the shipping package is delivered to
the same address as is shown on the government-issued
identification or contained in the commercially available
database.
(b) The notice required under this Section shall include:
(1) a statement that cigarette sales to consumers
below 21 years of age are illegal;

(2) a statement that sales of cigarettes are
restricted to those consumers who provide verifiable proof
of age in accordance with subsection (a);
(3) a statement that cigarette sales are subject to
tax under Section 2 of the Cigarette Tax Act (35 ILCS
130/2), Section 2 of the Cigarette Use Tax Act, and
Section 3 of the Use Tax Act and an explanation of how the
correct tax has been, or is to be, paid with respect to
such delivery sale.
(c) A statement meets the requirement of this Section if:
(1) the statement is clear and conspicuous;
(2) the statement is contained in a printed box set
apart from the other contents of the communication;
(3) the statement is printed in bold, capital letters;
(4) the statement is printed with a degree of color
contrast between the background and the printed statement
that is no less than the color contrast between the
background and the largest text used in the communication;
and
(5) for any printed material delivered by electronic
means, the statement appears at both the top and the
bottom of the electronic mail message or both the top and
the bottom of the Internet website homepage.
(d) Each person, other than a delivery service, who mails,
ships, or otherwise causes to be delivered a shipping package
in connection with a delivery sale shall:

(1) include as part of the shipping documents a clear
and conspicuous statement stating: "Cigarettes: Illinois
Law Prohibits Shipping to Individuals Under 21 and
Requires the Payment of All Applicable Taxes";
(2) use a method of mailing, shipping, or delivery
that requires a signature before the shipping package is
released to the consumer; and
(3) ensure that the shipping package is not delivered
to any post office box.
(Source: P.A. 101-2, eff. 7-1-19; revised 4-29-19.)
Section 735. The Code of Criminal Procedure of 1963 is
amended by changing Sections 110-5, 111-1, 112A-23, and
124A-20 as follows:
(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
Sec. 110-5. Determining the amount of bail and conditions
of release.
(a) In determining the amount of monetary bail or
conditions of release, if any, which will reasonably assure
the appearance of a defendant as required or the safety of any
other person or the community and the likelihood of compliance
by the defendant with all the conditions of bail, the court
shall, on the basis of available information, take into
account such matters as the nature and circumstances of the
offense charged, whether the evidence shows that as part of

the offense there was a use of violence or threatened use of
violence, whether the offense involved corruption of public
officials or employees, whether there was physical harm or
threats of physical harm to any public official, public
employee, judge, prosecutor, juror or witness, senior citizen,
child, or person with a disability, whether evidence shows
that during the offense or during the arrest the defendant
possessed or used a firearm, machine gun, explosive or metal
piercing ammunition or explosive bomb device or any military
or paramilitary armament, whether the evidence shows that the
offense committed was related to or in furtherance of the
criminal activities of an organized gang or was motivated by
the defendant's membership in or allegiance to an organized
gang, the condition of the victim, any written statement
submitted by the victim or proffer or representation by the
State regarding the impact which the alleged criminal conduct
has had on the victim and the victim's concern, if any, with
further contact with the defendant if released on bail,
whether the offense was based on racial, religious, sexual
orientation or ethnic hatred, the likelihood of the filing of
a greater charge, the likelihood of conviction, the sentence
applicable upon conviction, the weight of the evidence against
such defendant, whether there exists motivation or ability to
flee, whether there is any verification as to prior residence,
education, or family ties in the local jurisdiction, in
another county, state or foreign country, the defendant's

employment, financial resources, character and mental
condition, past conduct, prior use of alias names or dates of
birth, and length of residence in the community, the consent
of the defendant to periodic drug testing in accordance with
Section 110-6.5, whether a foreign national defendant is
lawfully admitted in the United States of America, whether the
government of the foreign national maintains an extradition
treaty with the United States by which the foreign government
will extradite to the United States its national for a trial
for a crime allegedly committed in the United States, whether
the defendant is currently subject to deportation or exclusion
under the immigration laws of the United States, whether the
defendant, although a United States citizen, is considered
under the law of any foreign state a national of that state for
the purposes of extradition or non-extradition to the United
States, the amount of unrecovered proceeds lost as a result of
the alleged offense, the source of bail funds tendered or
sought to be tendered for bail, whether from the totality of
the court's consideration, the loss of funds posted or sought
to be posted for bail will not deter the defendant from flight,
whether the evidence shows that the defendant is engaged in
significant possession, manufacture, or delivery of a
controlled substance or cannabis, either individually or in
consort with others, whether at the time of the offense
charged he or she was on bond or pre-trial release pending
trial, probation, periodic imprisonment or conditional

discharge pursuant to this Code or the comparable Code of any
other state or federal jurisdiction, whether the defendant is
on bond or pre-trial release pending the imposition or
execution of sentence or appeal of sentence for any offense
under the laws of Illinois or any other state or federal
jurisdiction, whether the defendant is under parole, aftercare
release, mandatory supervised release, or work release from
the Illinois Department of Corrections or Illinois Department
of Juvenile Justice or any penal institution or corrections
department of any state or federal jurisdiction, the
defendant's record of convictions, whether the defendant has
been convicted of a misdemeanor or ordinance offense in
Illinois or similar offense in other state or federal
jurisdiction within the 10 years preceding the current charge
or convicted of a felony in Illinois, whether the defendant
was convicted of an offense in another state or federal
jurisdiction that would be a felony if committed in Illinois
within the 20 years preceding the current charge or has been
convicted of such felony and released from the penitentiary
within 20 years preceding the current charge if a penitentiary
sentence was imposed in Illinois or other state or federal
jurisdiction, the defendant's records of juvenile adjudication
of delinquency in any jurisdiction, any record of appearance
or failure to appear by the defendant at court proceedings,
whether there was flight to avoid arrest or prosecution,
whether the defendant escaped or attempted to escape to avoid

arrest, whether the defendant refused to identify himself or
herself, or whether there was a refusal by the defendant to be
fingerprinted as required by law. Information used by the
court in its findings or stated in or offered in connection
with this Section may be by way of proffer based upon reliable
information offered by the State or defendant. All evidence
shall be admissible if it is relevant and reliable regardless
of whether it would be admissible under the rules of evidence
applicable at criminal trials. If the State presents evidence
that the offense committed by the defendant was related to or
in furtherance of the criminal activities of an organized gang
or was motivated by the defendant's membership in or
allegiance to an organized gang, and if the court determines
that the evidence may be substantiated, the court shall
prohibit the defendant from associating with other members of
the organized gang as a condition of bail or release. For the
purposes of this Section, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(a-5) There shall be a presumption that any conditions of
release imposed shall be non-monetary in nature and the court
shall impose the least restrictive conditions or combination
of conditions necessary to reasonably assure the appearance of
the defendant for further court proceedings and protect the
integrity of the judicial proceedings from a specific threat
to a witness or participant. Conditions of release may

include, but not be limited to, electronic home monitoring,
curfews, drug counseling, stay-away orders, and in-person
reporting. The court shall consider the defendant's
socio-economic circumstance when setting conditions of release
or imposing monetary bail.
(b) The amount of bail shall be:
(1) Sufficient to assure compliance with the
conditions set forth in the bail bond, which shall include
the defendant's current address with a written
admonishment to the defendant that he or she must comply
with the provisions of Section 110-12 regarding any change
in his or her address. The defendant's address shall at
all times remain a matter of public record with the clerk
of the court.
(2) Not oppressive.
(3) Considerate of the financial ability of the
accused.
(4) When a person is charged with a drug related
offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance as
defined in the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act, the full street value of the
drugs seized shall be considered. "Street value" shall be
determined by the court on the basis of a proffer by the
State based upon reliable information of a law enforcement

official contained in a written report as to the amount
seized and such proffer may be used by the court as to the
current street value of the smallest unit of the drug
seized.
(b-5) Upon the filing of a written request demonstrating
reasonable cause, the State's Attorney may request a source of
bail hearing either before or after the posting of any funds.
If the hearing is granted, before the posting of any bail, the
accused must file a written notice requesting that the court
conduct a source of bail hearing. The notice must be
accompanied by justifying affidavits stating the legitimate
and lawful source of funds for bail. At the hearing, the court
shall inquire into any matters stated in any justifying
affidavits, and may also inquire into matters appropriate to
the determination which shall include, but are not limited to,
the following:
(1) the background, character, reputation, and
relationship to the accused of any surety; and
(2) the source of any money or property deposited by
any surety, and whether any such money or property
constitutes the fruits of criminal or unlawful conduct;
and
(3) the source of any money posted as cash bail, and
whether any such money constitutes the fruits of criminal
or unlawful conduct; and
(4) the background, character, reputation, and

relationship to the accused of the person posting cash
bail.
Upon setting the hearing, the court shall examine, under
oath, any persons who may possess material information.
The State's Attorney has a right to attend the hearing, to
call witnesses and to examine any witness in the proceeding.
The court shall, upon request of the State's Attorney,
continue the proceedings for a reasonable period to allow the
State's Attorney to investigate the matter raised in any
testimony or affidavit. If the hearing is granted after the
accused has posted bail, the court shall conduct a hearing
consistent with this subsection (b-5). At the conclusion of
the hearing, the court must issue an order either approving or
of disapproving the bail.
(c) When a person is charged with an offense punishable by
fine only the amount of the bail shall not exceed double the
amount of the maximum penalty.
(d) When a person has been convicted of an offense and only
a fine has been imposed the amount of the bail shall not exceed
double the amount of the fine.
(e) The State may appeal any order granting bail or
setting a given amount for bail.
(f) When a person is charged with a violation of an order
of protection under Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the Criminal Code of 2012 or when a person is
charged with domestic battery, aggravated domestic battery,

kidnapping, aggravated kidnaping, unlawful restraint,
aggravated unlawful restraint, stalking, aggravated stalking,
cyberstalking, harassment by telephone, harassment through
electronic communications, or an attempt to commit first
degree murder committed against an intimate partner regardless
whether an order of protection has been issued against the
person,
(1) whether the alleged incident involved harassment
or abuse, as defined in the Illinois Domestic Violence Act
of 1986;
(2) whether the person has a history of domestic
violence, as defined in the Illinois Domestic Violence
Act, or a history of other criminal acts;
(3) based on the mental health of the person;
(4) whether the person has a history of violating the
orders of any court or governmental entity;
(5) whether the person has been, or is, potentially a
threat to any other person;
(6) whether the person has access to deadly weapons or
a history of using deadly weapons;
(7) whether the person has a history of abusing
alcohol or any controlled substance;
(8) based on the severity of the alleged incident that
is the basis of the alleged offense, including, but not
limited to, the duration of the current incident, and
whether the alleged incident involved the use of a weapon,

physical injury, sexual assault, strangulation, abuse
during the alleged victim's pregnancy, abuse of pets, or
forcible entry to gain access to the alleged victim;
(9) whether a separation of the person from the
alleged victim or a termination of the relationship
between the person and the alleged victim has recently
occurred or is pending;
(10) whether the person has exhibited obsessive or
controlling behaviors toward the alleged victim,
including, but not limited to, stalking, surveillance, or
isolation of the alleged victim or victim's family member
or members;
(11) whether the person has expressed suicidal or
homicidal ideations;
(12) based on any information contained in the
complaint and any police reports, affidavits, or other
documents accompanying the complaint,
the court may, in its discretion, order the respondent to
undergo a risk assessment evaluation using a recognized,
evidence-based instrument conducted by an Illinois Department
of Human Services approved partner abuse intervention program
provider, pretrial service, probation, or parole agency. These
agencies shall have access to summaries of the defendant's
criminal history, which shall not include victim interviews or
information, for the risk evaluation. Based on the information
collected from the 12 points to be considered at a bail hearing

under this subsection (f), the results of any risk evaluation
conducted and the other circumstances of the violation, the
court may order that the person, as a condition of bail, be
placed under electronic surveillance as provided in Section
5-8A-7 of the Unified Code of Corrections. Upon making a
determination whether or not to order the respondent to
undergo a risk assessment evaluation or to be placed under
electronic surveillance and risk assessment, the court shall
document in the record the court's reasons for making those
determinations. The cost of the electronic surveillance and
risk assessment shall be paid by, or on behalf, of the
defendant. As used in this subsection (f), "intimate partner"
means a spouse or a current or former partner in a cohabitation
or dating relationship.
(Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18;
revised 7-12-19.)
(725 ILCS 5/111-1) (from Ch. 38, par. 111-1)
Sec. 111-1. Methods of prosecution.
(a) When authorized by law a prosecution may be commenced
by:
(1) (a) A complaint;
(2) (b) An information;
(3) (c) An indictment.
(b) (d) Upon commencement of a prosecution for a violation
of Section 11-501 of the Illinois Vehicle Code, or a similar

provision of a local ordinance, or Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012 relating to the
offense of reckless homicide, the victims of these offenses
shall have all the rights under this Section as they do in
Section 4 of the Bill of Rights of Crime for Victims and
Witnesses of Violent Crime Act.
For the purposes of this Section "victim" shall mean an
individual who has suffered personal injury as a result of the
commission of a violation of Section 11-501 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, or
Section 9-3 of the Criminal Code of 1961 or the Criminal Code
of 2012 relating to the offense of reckless homicide. In
regard to a violation of Section 9-3 of the Criminal Code of
1961 or the Criminal Code of 2012 relating to the offense of
reckless homicide, "victim" shall also include, but not be
limited to, spouse, guardian, parent, or other family member.
(c) (e) Upon arrest after commencement of a prosecution
for a sex offense against a person known to be an employee, the
State's Attorney shall immediately provide the superintendent
of schools or school administrator that employs the employee
with a copy of the complaint, information, or indictment.
For the purposes of this subsection: "employee" has the
meaning provided in subsection (a) of Section 24-5 of the
School Code; and "sex offense" has the meaning provided in
Section 2 of the Sex Offender Registration Act.
This subsection shall not be construed to diminish the

rights, privileges, or remedies of an employee under a
collective bargaining agreement or employment contract.
(Source: P.A. 101-521, eff. 8-23-19; revised 9-8-20.)
(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
Sec. 112A-23. Enforcement of protective orders.
(a) When violation is crime. A violation of any protective
order, whether issued in a civil, quasi-criminal proceeding,
shall be enforced by a criminal court when:
(1) The respondent commits the crime of violation of a
domestic violence order of protection pursuant to Section
12-3.4 or 12-30 of the Criminal Code of 1961 or the
Criminal Code of 2012, by having knowingly violated:
(i) remedies described in paragraphs (1), (2),
(3), (14), or (14.5) of subsection (b) of Section
112A-14 of this Code,
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (1), (2),
(3), (14), or (14.5) of subsection (b) of Section 214
of the Illinois Domestic Violence Act of 1986, in a
valid order of protection, which is authorized under
the laws of another state, tribe or United States
territory, or
(iii) or any other remedy when the act constitutes
a crime against the protected parties as defined by
the Criminal Code of 1961 or the Criminal Code of 2012.

Prosecution for a violation of a domestic violence
order of protection shall not bar concurrent prosecution
for any other crime, including any crime that may have
been committed at the time of the violation of the
domestic violence order of protection; or
(2) The respondent commits the crime of child
abduction pursuant to Section 10-5 of the Criminal Code of
1961 or the Criminal Code of 2012, by having knowingly
violated:
(i) remedies described in paragraphs (5), (6), or
(8) of subsection (b) of Section 112A-14 of this Code,
or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (1), (5),
(6), or (8) of subsection (b) of Section 214 of the
Illinois Domestic Violence Act of 1986, in a valid
domestic violence order of protection, which is
authorized under the laws of another state, tribe or
United States territory.
(3) The respondent commits the crime of violation of a
civil no contact order when the respondent violates
Section 12-3.8 of the Criminal Code of 2012. Prosecution
for a violation of a civil no contact order shall not bar
concurrent prosecution for any other crime, including any
crime that may have been committed at the time of the
violation of the civil no contact order.

(4) The respondent commits the crime of violation of a
stalking no contact order when the respondent violates
Section 12-3.9 of the Criminal Code of 2012. Prosecution
for a violation of a stalking no contact order shall not
bar concurrent prosecution for any other crime, including
any crime that may have been committed at the time of the
violation of the stalking no contact order.
(b) When violation is contempt of court. A violation of
any valid protective order, whether issued in a civil or
criminal proceeding, may be enforced through civil or criminal
contempt procedures, as appropriate, by any court with
jurisdiction, regardless where the act or acts which violated
the protective order were committed, to the extent consistent
with the venue provisions of this Article. Nothing in this
Article shall preclude any Illinois court from enforcing any
valid protective order issued in another state. Illinois
courts may enforce protective orders through both criminal
prosecution and contempt proceedings, unless the action which
is second in time is barred by collateral estoppel or the
constitutional prohibition against double jeopardy.
(1) In a contempt proceeding where the petition for a
rule to show cause sets forth facts evidencing an
immediate danger that the respondent will flee the
jurisdiction, conceal a child, or inflict physical abuse
on the petitioner or minor children or on dependent adults
in petitioner's care, the court may order the attachment

of the respondent without prior service of the rule to
show cause or the petition for a rule to show cause. Bond
shall be set unless specifically denied in writing.
(2) A petition for a rule to show cause for violation
of a protective order shall be treated as an expedited
proceeding.
(c) Violation of custody, allocation of parental
responsibility, or support orders. A violation of remedies
described in paragraphs (5), (6), (8), or (9) of subsection
(b) of Section 112A-14 of this Code may be enforced by any
remedy provided by Section 607.5 of the Illinois Marriage and
Dissolution of Marriage Act. The court may enforce any order
for support issued under paragraph (12) of subsection (b) of
Section 112A-14 of this Code in the manner provided for under
Parts V and VII of the Illinois Marriage and Dissolution of
Marriage Act.
(d) Actual knowledge. A protective order may be enforced
pursuant to this Section if the respondent violates the order
after respondent has actual knowledge of its contents as shown
through one of the following means:
(1) (Blank).
(2) (Blank).
(3) By service of a protective order under subsection
(f) of Section 112A-17.5 or Section 112A-22 of this Code.
(4) By other means demonstrating actual knowledge of
the contents of the order.

(e) The enforcement of a protective order in civil or
criminal court shall not be affected by either of the
following:
(1) The existence of a separate, correlative order
entered under Section 112A-15 of this Code.
(2) Any finding or order entered in a conjoined
criminal proceeding.
(f) Circumstances. The court, when determining whether or
not a violation of a protective order has occurred, shall not
require physical manifestations of abuse on the person of the
victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this
subsection (g), where the court finds the commission of a
crime or contempt of court under subsections (a) or (b) of
this Section, the penalty shall be the penalty that
generally applies in such criminal or contempt
proceedings, and may include one or more of the following:
incarceration, payment of restitution, a fine, payment of
attorneys' fees and costs, or community service.
(2) The court shall hear and take into account
evidence of any factors in aggravation or mitigation
before deciding an appropriate penalty under paragraph (1)
of this subsection (g).
(3) To the extent permitted by law, the court is
encouraged to:

(i) increase the penalty for the knowing violation
of any protective order over any penalty previously
imposed by any court for respondent's violation of any
protective order or penal statute involving petitioner
as victim and respondent as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
protective order; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of a protective order
unless the court explicitly finds that an increased
penalty or that period of imprisonment would be manifestly
unjust.
(4) In addition to any other penalties imposed for a
violation of a protective order, a criminal court may
consider evidence of any violations of a protective order:
(i) to increase, revoke, or modify the bail bond
on an underlying criminal charge pursuant to Section
110-6 of this Code;
(ii) to revoke or modify an order of probation,
conditional discharge, or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections;
(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.

(Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18;
100-597, eff. 6-29-18; revised 7-12-19.)
(725 ILCS 5/124A-20)
Sec. 124A-20. Assessment waiver.
(a) As used in this Section:
"Assessments" means any costs imposed on a criminal
defendant under Article 15 of the Criminal and Traffic
Assessment Act, but does not include violation of the Illinois
Vehicle Code assessments.
"Indigent person" means any person who meets one or more
of the following criteria:
(1) He or she is receiving assistance under one or
more of the following means-based governmental public
benefits programs: Supplemental Security Income; Aid to
the Aged, Blind and Disabled; Temporary Assistance for
Needy Families; Supplemental Nutrition Assistance Program;
General Assistance; Transitional Assistance; or State
Children and Family Assistance.
(2) His or her available personal income is 200% or
less of the current poverty level, unless the applicant's
assets that are not exempt under Part 9 or 10 of Article
XII of the Code of Civil Procedure are of a nature and
value that the court determines that the applicant is able
to pay the assessments.
(3) He or she is, in the discretion of the court,

unable to proceed in an action with payment of assessments
and whose payment of those assessments would result in
substantial hardship to the person or his or her family.
"Poverty level" means the current poverty level as
established by the United States Department of Health and
Human Services.
(b) Upon the application of any defendant, after the
commencement of an action, but no later than 30 days after
sentencing:
(1) If the court finds that the applicant is an
indigent person, the court shall grant the applicant a
full assessment waiver exempting him or her from the
payment of any assessments.
(2) The court shall grant the applicant a partial
assessment as follows:
(A) 75% of all assessments shall be waived if the
applicant's available income is greater than 200% but
no more than 250% of the poverty level, unless the
applicant's assets that are not exempt under Part 9 or
10 of Article XII of the Code of Civil Procedure are
such that the applicant is able, without undue
hardship, to pay the total assessments.
(B) 50% of all assessments shall be waived if the
applicant's available income is greater than 250% but
no more than 300% of the poverty level, unless the
applicant's assets that are not exempt under Part 9 or

10 of Article XII of the Code of Civil Procedure are
such that the court determines that the applicant is
able, without undue hardship, to pay a greater portion
of the assessments.
(C) 25% of all assessments shall be waived if the
applicant's available income is greater than 300% but
no more than 400% of the poverty level, unless the
applicant's assets that are not exempt under Part 9 or
10 of Article XII of the Code of Civil Procedure are
such that the court determines that the applicant is
able, without undue hardship, to pay a greater portion
of the assessments.
(c) An application for a waiver of assessments shall be in
writing, signed by the defendant or, if the defendant is a
minor, by another person having knowledge of the facts, and
filed no later than 30 days after sentencing. The contents of
the application for a waiver of assessments, and the procedure
for deciding the applications, shall be established by Supreme
Court Rule. Factors to consider in evaluating an application
shall include:
(1) the applicant's receipt of needs based
governmental public benefits, including Supplemental
Security Income (SSI); Aid to the Aged, Blind and Disabled
(AABD ADBD); Temporary Assistance for Needy Families
(TANF); Supplemental Nutrition Assistance Program (SNAP or
"food stamps"); General Assistance; Transitional

Assistance; or State Children and Family Assistance;
(2) the employment status of the applicant and amount
of monthly income, if any;
(3) income received from the applicant's pension,
Social Security benefits, unemployment benefits, and other
sources;
(4) income received by the applicant from other
household members;
(5) the applicant's monthly expenses, including rent,
home mortgage, other mortgage, utilities, food, medical,
vehicle, childcare, debts, child support, and other
expenses; and
(6) financial affidavits or other similar supporting
documentation provided by the applicant showing that
payment of the imposed assessments would result in
substantial hardship to the applicant or the applicant's
family.
(d) The clerk of court shall provide the application for a
waiver of assessments to any defendant who indicates an
inability to pay the assessments. The clerk of the court shall
post in a conspicuous place in the courthouse a notice, no
smaller than 8.5 x 11 inches and using no smaller than 30-point
typeface printed in English and in Spanish, advising criminal
defendants they may ask the court for a waiver of any court
ordered assessments. The notice shall be substantially as
follows:

"If you are unable to pay the required assessments,
you may ask the court to waive payment of them. Ask the
clerk of the court for forms."
(e) For good cause shown, the court may allow an applicant
whose application is denied or who receives a partial
assessment waiver to defer payment of the assessments, make
installment payments, or make payment upon reasonable terms
and conditions stated in the order.
(f) Nothing in this Section shall be construed to affect
the right of a party to court-appointed counsel, as authorized
by any other provision of law or by the rules of the Illinois
Supreme Court.
(g) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 100-987, eff. 7-1-19; revised 8-28-20.)
Section 740. The Rights of Crime Victims and Witnesses Act
is amended by changing Section 4.5 as follows:
(725 ILCS 120/4.5)
Sec. 4.5. Procedures to implement the rights of crime
victims. To afford crime victims their rights, law
enforcement, prosecutors, judges, and corrections will provide
information, as appropriate, of the following procedures:
(a) At the request of the crime victim, law enforcement
authorities investigating the case shall provide notice of the

status of the investigation, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation, until such time
as the alleged assailant is apprehended or the investigation
is closed.
(a-5) When law enforcement authorities reopen a closed
case to resume investigating, they shall provide notice of the
reopening of the case, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation.
(b) The office of the State's Attorney:
(1) shall provide notice of the filing of an
information, the return of an indictment, or the filing of
a petition to adjudicate a minor as a delinquent for a
violent crime;
(2) shall provide timely notice of the date, time, and
place of court proceedings; of any change in the date,
time, and place of court proceedings; and of any
cancellation of court proceedings. Notice shall be
provided in sufficient time, wherever possible, for the
victim to make arrangements to attend or to prevent an
unnecessary appearance at court proceedings;
(3) or victim advocate personnel shall provide
information of social services and financial assistance
available for victims of crime, including information of
how to apply for these services and assistance;

(3.5) or victim advocate personnel shall provide
information about available victim services, including
referrals to programs, counselors, and agencies that
assist a victim to deal with trauma, loss, and grief;
(4) shall assist in having any stolen or other
personal property held by law enforcement authorities for
evidentiary or other purposes returned as expeditiously as
possible, pursuant to the procedures set out in Section
115-9 of the Code of Criminal Procedure of 1963;
(5) or victim advocate personnel shall provide
appropriate employer intercession services to ensure that
employers of victims will cooperate with the criminal
justice system in order to minimize an employee's loss of
pay and other benefits resulting from court appearances;
(6) shall provide, whenever possible, a secure waiting
area during court proceedings that does not require
victims to be in close proximity to defendants or
juveniles accused of a violent crime, and their families
and friends;
(7) shall provide notice to the crime victim of the
right to have a translator present at all court
proceedings and, in compliance with the federal Americans
with Disabilities Act of 1990, the right to communications
access through a sign language interpreter or by other
means;
(8) (blank);

(8.5) shall inform the victim of the right to be
present at all court proceedings, unless the victim is to
testify and the court determines that the victim's
testimony would be materially affected if the victim hears
other testimony at trial;
(9) shall inform the victim of the right to have
present at all court proceedings, subject to the rules of
evidence and confidentiality, an advocate and other
support person of the victim's choice;
(9.3) shall inform the victim of the right to retain
an attorney, at the victim's own expense, who, upon
written notice filed with the clerk of the court and
State's Attorney, is to receive copies of all notices,
motions, and court orders filed thereafter in the case, in
the same manner as if the victim were a named party in the
case;
(9.5) shall inform the victim of (A) the victim's
right under Section 6 of this Act to make a statement at
the sentencing hearing; (B) the right of the victim's
spouse, guardian, parent, grandparent, and other immediate
family and household members under Section 6 of this Act
to present a statement at sentencing; and (C) if a
presentence report is to be prepared, the right of the
victim's spouse, guardian, parent, grandparent, and other
immediate family and household members to submit
information to the preparer of the presentence report

about the effect the offense has had on the victim and the
person;
(10) at the sentencing shall make a good faith attempt
to explain the minimum amount of time during which the
defendant may actually be physically imprisoned. The
Office of the State's Attorney shall further notify the
crime victim of the right to request from the Prisoner
Review Board or Department of Juvenile Justice information
concerning the release of the defendant;
(11) shall request restitution at sentencing and as
part of a plea agreement if the victim requests
restitution;
(12) shall, upon the court entering a verdict of not
guilty by reason of insanity, inform the victim of the
notification services available from the Department of
Human Services, including the statewide telephone number,
under subparagraph (d)(2) of this Section;
(13) shall provide notice within a reasonable time
after receipt of notice from the custodian, of the release
of the defendant on bail or personal recognizance or the
release from detention of a minor who has been detained;
(14) shall explain in nontechnical language the
details of any plea or verdict of a defendant, or any
adjudication of a juvenile as a delinquent;
(15) shall make all reasonable efforts to consult with
the crime victim before the Office of the State's Attorney

makes an offer of a plea bargain to the defendant or enters
into negotiations with the defendant concerning a possible
plea agreement, and shall consider the written statement,
if prepared prior to entering into a plea agreement. The
right to consult with the prosecutor does not include the
right to veto a plea agreement or to insist the case go to
trial. If the State's Attorney has not consulted with the
victim prior to making an offer or entering into plea
negotiations with the defendant, the Office of the State's
Attorney shall notify the victim of the offer or the
negotiations within 2 business days and confer with the
victim;
(16) shall provide notice of the ultimate disposition
of the cases arising from an indictment or an information,
or a petition to have a juvenile adjudicated as a
delinquent for a violent crime;
(17) shall provide notice of any appeal taken by the
defendant and information on how to contact the
appropriate agency handling the appeal, and how to request
notice of any hearing, oral argument, or decision of an
appellate court;
(18) shall provide timely notice of any request for
post-conviction review filed by the defendant under
Article 122 of the Code of Criminal Procedure of 1963, and
of the date, time and place of any hearing concerning the
petition. Whenever possible, notice of the hearing shall

be given within 48 hours of the court's scheduling of the
hearing; and
(19) shall forward a copy of any statement presented
under Section 6 to the Prisoner Review Board or Department
of Juvenile Justice to be considered in making a
determination under Section 3-2.5-85 or subsection (b) of
Section 3-3-8 of the Unified Code of Corrections.
(c) The court shall ensure that the rights of the victim
are afforded.
(c-5) The following procedures shall be followed to afford
victims the rights guaranteed by Article I, Section 8.1 of the
Illinois Constitution:
(1) Written notice. A victim may complete a written
notice of intent to assert rights on a form prepared by the
Office of the Attorney General and provided to the victim
by the State's Attorney. The victim may at any time
provide a revised written notice to the State's Attorney.
The State's Attorney shall file the written notice with
the court. At the beginning of any court proceeding in
which the right of a victim may be at issue, the court and
prosecutor shall review the written notice to determine
whether the victim has asserted the right that may be at
issue.
(2) Victim's retained attorney. A victim's attorney
shall file an entry of appearance limited to assertion of
the victim's rights. Upon the filing of the entry of

appearance and service on the State's Attorney and the
defendant, the attorney is to receive copies of all
notices, motions and court orders filed thereafter in the
case.
(3) Standing. The victim has standing to assert the
rights enumerated in subsection (a) of Article I, Section
8.1 of the Illinois Constitution and the statutory rights
under Section 4 of this Act in any court exercising
jurisdiction over the criminal case. The prosecuting
attorney, a victim, or the victim's retained attorney may
assert the victim's rights. The defendant in the criminal
case has no standing to assert a right of the victim in any
court proceeding, including on appeal.
(4) Assertion of and enforcement of rights.
(A) The prosecuting attorney shall assert a
victim's right or request enforcement of a right by
filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury. The prosecuting
attorney shall consult with the victim and the
victim's attorney regarding the assertion or
enforcement of a right. If the prosecuting attorney
decides not to assert or enforce a victim's right, the
prosecuting attorney shall notify the victim or the
victim's attorney in sufficient time to allow the
victim or the victim's attorney to assert the right or

to seek enforcement of a right.
(B) If the prosecuting attorney elects not to
assert a victim's right or to seek enforcement of a
right, the victim or the victim's attorney may assert
the victim's right or request enforcement of a right
by filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury.
(C) If the prosecuting attorney asserts a victim's
right or seeks enforcement of a right, and the court
denies the assertion of the right or denies the
request for enforcement of a right, the victim or
victim's attorney may file a motion to assert the
victim's right or to request enforcement of the right
within 10 days of the court's ruling. The motion need
not demonstrate the grounds for a motion for
reconsideration. The court shall rule on the merits of
the motion.
(D) The court shall take up and decide any motion
or request asserting or seeking enforcement of a
victim's right without delay, unless a specific time
period is specified by law or court rule. The reasons
for any decision denying the motion or request shall
be clearly stated on the record.
(5) Violation of rights and remedies.
(A) If the court determines that a victim's right

has been violated, the court shall determine the
appropriate remedy for the violation of the victim's
right by hearing from the victim and the parties,
considering all factors relevant to the issue, and
then awarding appropriate relief to the victim.
(A-5) Consideration of an issue of a substantive
nature or an issue that implicates the constitutional
or statutory right of a victim at a court proceeding
labeled as a status hearing shall constitute a per se
violation of a victim's right.
(B) The appropriate remedy shall include only
actions necessary to provide the victim the right to
which the victim was entitled and may include
reopening previously held proceedings; however, in no
event shall the court vacate a conviction. Any remedy
shall be tailored to provide the victim an appropriate
remedy without violating any constitutional right of
the defendant. In no event shall the appropriate
remedy be a new trial, damages, or costs.
(6) Right to be heard. Whenever a victim has the right
to be heard, the court shall allow the victim to exercise
the right in any reasonable manner the victim chooses.
(7) Right to attend trial. A party must file a written
motion to exclude a victim from trial at least 60 days
prior to the date set for trial. The motion must state with
specificity the reason exclusion is necessary to protect a

constitutional right of the party, and must contain an
offer of proof. The court shall rule on the motion within
30 days. If the motion is granted, the court shall set
forth on the record the facts that support its finding
that the victim's testimony will be materially affected if
the victim hears other testimony at trial.
(8) Right to have advocate and support person present
at court proceedings.
(A) A party who intends to call an advocate as a
witness at trial must seek permission of the court
before the subpoena is issued. The party must file a
written motion at least 90 days before trial that sets
forth specifically the issues on which the advocate's
testimony is sought and an offer of proof regarding
(i) the content of the anticipated testimony of the
advocate; and (ii) the relevance, admissibility, and
materiality of the anticipated testimony. The court
shall consider the motion and make findings within 30
days of the filing of the motion. If the court finds by
a preponderance of the evidence that: (i) the
anticipated testimony is not protected by an absolute
privilege; and (ii) the anticipated testimony contains
relevant, admissible, and material evidence that is
not available through other witnesses or evidence, the
court shall issue a subpoena requiring the advocate to
appear to testify at an in camera hearing. The

prosecuting attorney and the victim shall have 15 days
to seek appellate review before the advocate is
required to testify at an ex parte in camera
proceeding.
The prosecuting attorney, the victim, and the
advocate's attorney shall be allowed to be present at
the ex parte in camera proceeding. If, after
conducting the ex parte in camera hearing, the court
determines that due process requires any testimony
regarding confidential or privileged information or
communications, the court shall provide to the
prosecuting attorney, the victim, and the advocate's
attorney a written memorandum on the substance of the
advocate's testimony. The prosecuting attorney, the
victim, and the advocate's attorney shall have 15 days
to seek appellate review before a subpoena may be
issued for the advocate to testify at trial. The
presence of the prosecuting attorney at the ex parte
in camera proceeding does not make the substance of
the advocate's testimony that the court has ruled
inadmissible subject to discovery.
(B) If a victim has asserted the right to have a
support person present at the court proceedings, the
victim shall provide the name of the person the victim
has chosen to be the victim's support person to the
prosecuting attorney, within 60 days of trial. The

prosecuting attorney shall provide the name to the
defendant. If the defendant intends to call the
support person as a witness at trial, the defendant
must seek permission of the court before a subpoena is
issued. The defendant must file a written motion at
least 45 days prior to trial that sets forth
specifically the issues on which the support person
will testify and an offer of proof regarding: (i) the
content of the anticipated testimony of the support
person; and (ii) the relevance, admissibility, and
materiality of the anticipated testimony.
If the prosecuting attorney intends to call the
support person as a witness during the State's
case-in-chief, the prosecuting attorney shall inform
the court of this intent in the response to the
defendant's written motion. The victim may choose a
different person to be the victim's support person.
The court may allow the defendant to inquire about
matters outside the scope of the direct examination
during cross-examination. If the court allows the
defendant to do so, the support person shall be
allowed to remain in the courtroom after the support
person has testified. A defendant who fails to
question the support person about matters outside the
scope of direct examination during the State's
case-in-chief waives the right to challenge the

presence of the support person on appeal. The court
shall allow the support person to testify if called as
a witness in the defendant's case-in-chief or the
State's rebuttal.
If the court does not allow the defendant to
inquire about matters outside the scope of the direct
examination, the support person shall be allowed to
remain in the courtroom after the support person has
been called by the defendant or the defendant has
rested. The court shall allow the support person to
testify in the State's rebuttal.
If the prosecuting attorney does not intend to
call the support person in the State's case-in-chief,
the court shall verify with the support person whether
the support person, if called as a witness, would
testify as set forth in the offer of proof. If the
court finds that the support person would testify as
set forth in the offer of proof, the court shall rule
on the relevance, materiality, and admissibility of
the anticipated testimony. If the court rules the
anticipated testimony is admissible, the court shall
issue the subpoena. The support person may remain in
the courtroom after the support person testifies and
shall be allowed to testify in rebuttal.
If the court excludes the victim's support person
during the State's case-in-chief, the victim shall be

allowed to choose another support person to be present
in court.
If the victim fails to designate a support person
within 60 days of trial and the defendant has
subpoenaed the support person to testify at trial, the
court may exclude the support person from the trial
until the support person testifies. If the court
excludes the support person the victim may choose
another person as a support person.
(9) Right to notice and hearing before disclosure of
confidential or privileged information or records. A
defendant who seeks to subpoena records of or concerning
the victim that are confidential or privileged by law must
seek permission of the court before the subpoena is
issued. The defendant must file a written motion and an
offer of proof regarding the relevance, admissibility and
materiality of the records. If the court finds by a
preponderance of the evidence that: (A) the records are
not protected by an absolute privilege and (B) the records
contain relevant, admissible, and material evidence that
is not available through other witnesses or evidence, the
court shall issue a subpoena requiring a sealed copy of
the records be delivered to the court to be reviewed in
camera. If, after conducting an in camera review of the
records, the court determines that due process requires
disclosure of any portion of the records, the court shall

provide copies of what it intends to disclose to the
prosecuting attorney and the victim. The prosecuting
attorney and the victim shall have 30 days to seek
appellate review before the records are disclosed to the
defendant. The disclosure of copies of any portion of the
records to the prosecuting attorney does not make the
records subject to discovery.
(10) Right to notice of court proceedings. If the
victim is not present at a court proceeding in which a
right of the victim is at issue, the court shall ask the
prosecuting attorney whether the victim was notified of
the time, place, and purpose of the court proceeding and
that the victim had a right to be heard at the court
proceeding. If the court determines that timely notice was
not given or that the victim was not adequately informed
of the nature of the court proceeding, the court shall not
rule on any substantive issues, accept a plea, or impose a
sentence and shall continue the hearing for the time
necessary to notify the victim of the time, place and
nature of the court proceeding. The time between court
proceedings shall not be attributable to the State under
Section 103-5 of the Code of Criminal Procedure of 1963.
(11) Right to timely disposition of the case. A victim
has the right to timely disposition of the case so as to
minimize the stress, cost, and inconvenience resulting
from the victim's involvement in the case. Before ruling

on a motion to continue trial or other court proceeding,
the court shall inquire into the circumstances for the
request for the delay and, if the victim has provided
written notice of the assertion of the right to a timely
disposition, and whether the victim objects to the delay.
If the victim objects, the prosecutor shall inform the
court of the victim's objections. If the prosecutor has
not conferred with the victim about the continuance, the
prosecutor shall inform the court of the attempts to
confer. If the court finds the attempts of the prosecutor
to confer with the victim were inadequate to protect the
victim's right to be heard, the court shall give the
prosecutor at least 3 but not more than 5 business days to
confer with the victim. In ruling on a motion to continue,
the court shall consider the reasons for the requested
continuance, the number and length of continuances that
have been granted, the victim's objections and procedures
to avoid further delays. If a continuance is granted over
the victim's objection, the court shall specify on the
record the reasons for the continuance and the procedures
that have been or will be taken to avoid further delays.
(12) Right to Restitution.
(A) If the victim has asserted the right to
restitution and the amount of restitution is known at
the time of sentencing, the court shall enter the
judgment of restitution at the time of sentencing.

(B) If the victim has asserted the right to
restitution and the amount of restitution is not known
at the time of sentencing, the prosecutor shall,
within 5 days after sentencing, notify the victim what
information and documentation related to restitution
is needed and that the information and documentation
must be provided to the prosecutor within 45 days
after sentencing. Failure to timely provide
information and documentation related to restitution
shall be deemed a waiver of the right to restitution.
The prosecutor shall file and serve within 60 days
after sentencing a proposed judgment for restitution
and a notice that includes information concerning the
identity of any victims or other persons seeking
restitution, whether any victim or other person
expressly declines restitution, the nature and amount
of any damages together with any supporting
documentation, a restitution amount recommendation,
and the names of any co-defendants and their case
numbers. Within 30 days after receipt of the proposed
judgment for restitution, the defendant shall file any
objection to the proposed judgment, a statement of
grounds for the objection, and a financial statement.
If the defendant does not file an objection, the court
may enter the judgment for restitution without further
proceedings. If the defendant files an objection and

either party requests a hearing, the court shall
schedule a hearing.
(13) Access to presentence reports.
(A) The victim may request a copy of the
presentence report prepared under the Unified Code of
Corrections from the State's Attorney. The State's
Attorney shall redact the following information before
providing a copy of the report:
(i) the defendant's mental history and
condition;
(ii) any evaluation prepared under subsection
(b) or (b-5) of Section 5-3-2; and
(iii) the name, address, phone number, and
other personal information about any other victim.
(B) The State's Attorney or the defendant may
request the court redact other information in the
report that may endanger the safety of any person.
(C) The State's Attorney may orally disclose to
the victim any of the information that has been
redacted if there is a reasonable likelihood that the
information will be stated in court at the sentencing.
(D) The State's Attorney must advise the victim
that the victim must maintain the confidentiality of
the report and other information. Any dissemination of
the report or information that was not stated at a
court proceeding constitutes indirect criminal

contempt of court.
(14) Appellate relief. If the trial court denies the
relief requested, the victim, the victim's attorney, or
the prosecuting attorney may file an appeal within 30 days
of the trial court's ruling. The trial or appellate court
may stay the court proceedings if the court finds that a
stay would not violate a constitutional right of the
defendant. If the appellate court denies the relief
sought, the reasons for the denial shall be clearly stated
in a written opinion. In any appeal in a criminal case, the
State may assert as error the court's denial of any crime
victim's right in the proceeding to which the appeal
relates.
(15) Limitation on appellate relief. In no case shall
an appellate court provide a new trial to remedy the
violation of a victim's right.
(16) The right to be reasonably protected from the
accused throughout the criminal justice process and the
right to have the safety of the victim and the victim's
family considered in denying or fixing the amount of bail,
determining whether to release the defendant, and setting
conditions of release after arrest and conviction. A
victim of domestic violence, a sexual offense, or stalking
may request the entry of a protective order under Article
112A of the Code of Criminal Procedure of 1963.
(d) Procedures after the imposition of sentence.

(1) The Prisoner Review Board shall inform a victim or
any other concerned citizen, upon written request, of the
prisoner's release on parole, mandatory supervised
release, electronic detention, work release, international
transfer or exchange, or by the custodian, other than the
Department of Juvenile Justice, of the discharge of any
individual who was adjudicated a delinquent for a crime
from State custody and by the sheriff of the appropriate
county of any such person's final discharge from county
custody. The Prisoner Review Board, upon written request,
shall provide to a victim or any other concerned citizen a
recent photograph of any person convicted of a felony,
upon his or her release from custody. The Prisoner Review
Board, upon written request, shall inform a victim or any
other concerned citizen when feasible at least 7 days
prior to the prisoner's release on furlough of the times
and dates of such furlough. Upon written request by the
victim or any other concerned citizen, the State's
Attorney shall notify the person once of the times and
dates of release of a prisoner sentenced to periodic
imprisonment. Notification shall be based on the most
recent information as to victim's or other concerned
citizen's residence or other location available to the
notifying authority.
(2) When the defendant has been committed to the
Department of Human Services pursuant to Section 5-2-4 or

any other provision of the Unified Code of Corrections,
the victim may request to be notified by the releasing
authority of the approval by the court of an on-grounds
pass, a supervised off-grounds pass, an unsupervised
off-grounds pass, or conditional release; the release on
an off-grounds pass; the return from an off-grounds pass;
transfer to another facility; conditional release; escape;
death; or final discharge from State custody. The
Department of Human Services shall establish and maintain
a statewide telephone number to be used by victims to make
notification requests under these provisions and shall
publicize this telephone number on its website and to the
State's Attorney of each county.
(3) In the event of an escape from State custody, the
Department of Corrections or the Department of Juvenile
Justice immediately shall notify the Prisoner Review Board
of the escape and the Prisoner Review Board shall notify
the victim. The notification shall be based upon the most
recent information as to the victim's residence or other
location available to the Board. When no such information
is available, the Board shall make all reasonable efforts
to obtain the information and make the notification. When
the escapee is apprehended, the Department of Corrections
or the Department of Juvenile Justice immediately shall
notify the Prisoner Review Board and the Board shall
notify the victim.

(4) The victim of the crime for which the prisoner has
been sentenced has the right to register with the Prisoner
Review Board's victim registry. Victims registered with
the Board shall receive reasonable written notice not less
than 30 days prior to the parole hearing or target
aftercare release date. The victim has the right to submit
a victim statement for consideration by the Prisoner
Review Board or the Department of Juvenile Justice in
writing, on film, videotape, or other electronic means, or
in the form of a recording prior to the parole hearing or
target aftercare release date, or in person at the parole
hearing or aftercare release protest hearing, or by
calling the toll-free number established in subsection (f)
of this Section., The victim shall be notified within 7
days after the prisoner has been granted parole or
aftercare release and shall be informed of the right to
inspect the registry of parole decisions, established
under subsection (g) of Section 3-3-5 of the Unified Code
of Corrections. The provisions of this paragraph (4) are
subject to the Open Parole Hearings Act. Victim statements
provided to the Board shall be confidential and
privileged, including any statements received prior to
January 1, 2020 (the effective date of Public Act 101-288)
this amendatory Act of the 101st General Assembly, except
if the statement was an oral statement made by the victim
at a hearing open to the public.

(4-1) The crime victim has the right to submit a
victim statement for consideration by the Prisoner Review
Board or the Department of Juvenile Justice prior to or at
a hearing to determine the conditions of mandatory
supervised release of a person sentenced to a determinate
sentence or at a hearing on revocation of mandatory
supervised release of a person sentenced to a determinate
sentence. A victim statement may be submitted in writing,
on film, videotape, or other electronic means, or in the
form of a recording, or orally at a hearing, or by calling
the toll-free number established in subsection (f) of this
Section. Victim statements provided to the Board shall be
confidential and privileged, including any statements
received prior to January 1, 2020 (the effective date of
Public Act 101-288) this amendatory Act of the 101st
General Assembly, except if the statement was an oral
statement made by the victim at a hearing open to the
public.
(4-2) The crime victim has the right to submit a
victim statement to the Prisoner Review Board for
consideration at an executive clemency hearing as provided
in Section 3-3-13 of the Unified Code of Corrections. A
victim statement may be submitted in writing, on film,
videotape, or other electronic means, or in the form of a
recording prior to a hearing, or orally at a hearing, or by
calling the toll-free number established in subsection (f)

of this Section. Victim statements provided to the Board
shall be confidential and privileged, including any
statements received prior to January 1, 2020 (the
effective date of Public Act 101-288) this amendatory Act
of the 101st General Assembly, except if the statement was
an oral statement made by the victim at a hearing open to
the public.
(5) If a statement is presented under Section 6, the
Prisoner Review Board or Department of Juvenile Justice
shall inform the victim of any order of discharge pursuant
to Section 3-2.5-85 or 3-3-8 of the Unified Code of
Corrections.
(6) At the written or oral request of the victim of the
crime for which the prisoner was sentenced or the State's
Attorney of the county where the person seeking parole or
aftercare release was prosecuted, the Prisoner Review
Board or Department of Juvenile Justice shall notify the
victim and the State's Attorney of the county where the
person seeking parole or aftercare release was prosecuted
of the death of the prisoner if the prisoner died while on
parole or aftercare release or mandatory supervised
release.
(7) When a defendant who has been committed to the
Department of Corrections, the Department of Juvenile
Justice, or the Department of Human Services is released
or discharged and subsequently committed to the Department

of Human Services as a sexually violent person and the
victim had requested to be notified by the releasing
authority of the defendant's discharge, conditional
release, death, or escape from State custody, the
releasing authority shall provide to the Department of
Human Services such information that would allow the
Department of Human Services to contact the victim.
(8) When a defendant has been convicted of a sex
offense as defined in Section 2 of the Sex Offender
Registration Act and has been sentenced to the Department
of Corrections or the Department of Juvenile Justice, the
Prisoner Review Board or the Department of Juvenile
Justice shall notify the victim of the sex offense of the
prisoner's eligibility for release on parole, aftercare
release, mandatory supervised release, electronic
detention, work release, international transfer or
exchange, or by the custodian of the discharge of any
individual who was adjudicated a delinquent for a sex
offense from State custody and by the sheriff of the
appropriate county of any such person's final discharge
from county custody. The notification shall be made to the
victim at least 30 days, whenever possible, before release
of the sex offender.
(e) The officials named in this Section may satisfy some
or all of their obligations to provide notices and other
information through participation in a statewide victim and

witness notification system established by the Attorney
General under Section 8.5 of this Act.
(f) The Prisoner Review Board shall establish a toll-free
number that may be accessed by the crime victim to present a
victim statement to the Board in accordance with paragraphs
(4), (4-1), and (4-2) of subsection (d).
(Source: P.A. 100-199, eff. 1-1-18; 100-961, eff. 1-1-19;
101-81, eff. 7-12-19; 101-288, eff. 1-1-20; revised 9-23-19.)
Section 745. The Unified Code of Corrections is amended by
changing Sections 3-1-2, 3-2.5-20, 3-3-2, 3-6-3, 3-8-5,
3-14-1, 5-2-4, 5-3-2, 5-5-3.2, and 5-6-3 and by setting forth
and renumbering multiple versions of Section 3-2-2.3 as
follows:
(730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
Sec. 3-1-2. Definitions.
(a) "Chief Administrative Officer" means the person
designated by the Director to exercise the powers and duties
of the Department of Corrections in regard to committed
persons within a correctional institution or facility, and
includes the superintendent of any juvenile institution or
facility.
(a-3) "Aftercare release" means the conditional and
revocable release of a person committed to the Department of
Juvenile Justice under the Juvenile Court Act of 1987, under

the supervision of the Department of Juvenile Justice.
(a-5) "Sex offense" for the purposes of paragraph (16) of
subsection (a) of Section 3-3-7, paragraph (10) of subsection
(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
Section 5-6-3.1 only means:
(i) A violation of any of the following Sections of
the Criminal Code of 1961 or the Criminal Code of 2012:
10-7 (aiding or abetting child abduction under Section
10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent
solicitation of a child), 11-6.5 (indecent solicitation of
an adult), 11-14.4 (promoting juvenile prostitution),
11-15.1 (soliciting for a juvenile prostitute), 11-17.1
(keeping a place of juvenile prostitution), 11-18.1
(patronizing a juvenile prostitute), 11-19.1 (juvenile
pimping), 11-19.2 (exploitation of a child), 11-20.1
(child pornography), 11-20.1B or 11-20.3 (aggravated child
pornography), 11-1.40 or 12-14.1 (predatory criminal
sexual assault of a child), or 12-33 (ritualized abuse of
a child). An attempt to commit any of these offenses.
(ii) A violation of any of the following Sections of
the Criminal Code of 1961 or the Criminal Code of 2012:
11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or
12-14 (aggravated criminal sexual assault), 11-1.60 or
12-16 (aggravated criminal sexual abuse), and subsection
(a) of Section 11-1.50 or subsection (a) of Section 12-15
(criminal sexual abuse). An attempt to commit any of these

offenses.
(iii) A violation of any of the following Sections of
the Criminal Code of 1961 or the Criminal Code of 2012 when
the defendant is not a parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in this
subsection (a-5).
An offense violating federal law or the law of another
state that is substantially equivalent to any offense listed
in this subsection (a-5) shall constitute a sex offense for
the purpose of this subsection (a-5). A finding or
adjudication as a sexually dangerous person under any federal
law or law of another state that is substantially equivalent
to the Sexually Dangerous Persons Act shall constitute an
adjudication for a sex offense for the purposes of this
subsection (a-5).
(b) "Commitment" means a judicially determined placement
in the custody of the Department of Corrections on the basis of
delinquency or conviction.
(c) "Committed person" is a person committed to the
Department, however a committed person shall not be considered

to be an employee of the Department of Corrections for any
purpose, including eligibility for a pension, benefits, or any
other compensation or rights or privileges which may be
provided to employees of the Department.
(c-5) "Computer scrub software" means any third-party
added software, designed to delete information from the
computer unit, the hard drive, or other software, which would
eliminate and prevent discovery of browser activity,
including, but not limited to, Internet history, address bar
or bars, cache or caches, and/or cookies, and which would
over-write files in a way so as to make previous computer
activity, including, but not limited to, website access, more
difficult to discover.
(c-10) "Content-controlled tablet" means any device that
can only access visitation applications or content relating to
educational or personal development.
(d) "Correctional institution or facility" means any
building or part of a building where committed persons are
kept in a secured manner.
(e) "Department" means both the Department of Corrections
and the Department of Juvenile Justice of this State, unless
the context is specific to either the Department of
Corrections or the Department of Juvenile Justice.
(f) "Director" means both the Director of Corrections and
the Director of Juvenile Justice, unless the context is
specific to either the Director of Corrections or the Director

of Juvenile Justice.
(f-5) (Blank).
(g) "Discharge" means the final termination of a
commitment to the Department of Corrections.
(h) "Discipline" means the rules and regulations for the
maintenance of order and the protection of persons and
property within the institutions and facilities of the
Department and their enforcement.
(i) "Escape" means the intentional and unauthorized
absence of a committed person from the custody of the
Department.
(j) "Furlough" means an authorized leave of absence from
the Department of Corrections for a designated purpose and
period of time.
(k) "Parole" means the conditional and revocable release
of a person committed to the Department of Corrections under
the supervision of a parole officer.
(l) "Prisoner Review Board" means the Board established in
Section 3-3-1(a), independent of the Department, to review
rules and regulations with respect to good time credits, to
hear charges brought by the Department against certain
prisoners alleged to have violated Department rules with
respect to good time credits, to set release dates for certain
prisoners sentenced under the law in effect prior to February
1, 1978 (the effective date of Public Act 80-1099) this
Amendatory Act of 1977, to hear and decide the time of

aftercare release for persons committed to the Department of
Juvenile Justice under the Juvenile Court Act of 1987 to hear
requests and make recommendations to the Governor with respect
to pardon, reprieve or commutation, to set conditions for
parole, aftercare release, and mandatory supervised release
and determine whether violations of those conditions justify
revocation of parole or release, and to assume all other
functions previously exercised by the Illinois Parole and
Pardon Board.
(m) Whenever medical treatment, service, counseling, or
care is referred to in this Unified Code of Corrections, such
term may be construed by the Department or Court, within its
discretion, to include treatment, service, or counseling by a
Christian Science practitioner or nursing care appropriate
therewith whenever request therefor is made by a person
subject to the provisions of this Code Act.
(n) "Victim" shall have the meaning ascribed to it in
subsection (a) of Section 3 of the Bill of Rights of Crime for
Victims and Witnesses of Violent Crime Act.
(o) "Wrongfully imprisoned person" means a person who has
been discharged from a prison of this State and has received:
(1) a pardon from the Governor stating that such
pardon is issued on the ground of innocence of the crime
for which he or she was imprisoned; or
(2) a certificate of innocence from the Circuit Court
as provided in Section 2-702 of the Code of Civil

Procedure.
(Source: P.A. 100-198, eff. 1-1-18; revised 9-21-20.)
(730 ILCS 5/3-2-2.3)
Sec. 3-2-2.3. Voting rights information.
(a) The Department shall make available to a person in its
custody current resource materials, maintained by the Illinois
State Board of Elections, containing detailed information
regarding the voting rights of a person with a criminal
conviction in the following formats:
(1) in print;
(2) on the Department's website; and
(3) in a visible location on the premises of each
Department facility where notices are customarily posted.
(b) The current resource materials described under
subsection (a) shall be provided upon release of a person on
parole, mandatory supervised release, final discharge, or
pardon from the Department.
(Source: P.A. 101-442, eff. 1-1-20.)
(730 ILCS 5/3-2-2.4)
(Section scheduled to be repealed on January 1, 2022)
Sec. 3-2-2.4 3-2-2.3. Tamms Minimum Security Unit Task
Force.
(a) The Tamms Minimum Security Unit Task Force is created
to study using the Tamms Minimum Security Unit as a vocational

training facility for the Department of Corrections. The
membership of the Task Force shall include:
(1) one member to serve as chair, appointed by the
Lieutenant Governor;
(2) one member of the House of Representatives
appointed by the Speaker of the House of Representatives;
(3) one member of the House of Representatives
appointed by the Minority Leader of the House of
Representatives;
(4) one member of the Senate appointed by the Senate
President;
(5) one member of the Senate appointed by the Senate
Minority Leader;
(6) the Director of Corrections or his or her
designee;
(7) one member of a labor organization representing a
plurality of Department of Corrections employees;
(8) one member representing Shawnee Community College,
appointed by the President of Shawnee Community College;
(9) one member representing Southern Illinois
University, appointed by the President of Southern
Illinois University;
(10) the mayor of Tamms, Illinois; and
(11) one member representing Alexander County,
appointed by the Chairman of the Alexander County Board.
(b) Each member of the Task Force shall serve without

compensation. The members of the Task Force shall select a
Chairperson. The Task Force shall meet 2 times per year or at
the call of the Chairperson. The Department of Corrections
shall provide administrative support to the Task Force.
(c) The Task Force shall submit a report to the Governor
and the General Assembly on or before December 31, 2020 with
its recommendations. The Task Force is dissolved on January 1,
2021.
(d) This Section is repealed on January 1, 2022.
(Source: P.A. 101-449, eff. 1-1-20; revised 10-23-19.)
(730 ILCS 5/3-2.5-20)
Sec. 3-2.5-20. General powers and duties.
(a) In addition to the powers, duties, and
responsibilities which are otherwise provided by law or
transferred to the Department as a result of this Article, the
Department, as determined by the Director, shall have, but is
are not limited to, the following rights, powers, functions,
and duties:
(1) To accept juveniles committed to it by the courts
of this State for care, custody, treatment, and
rehabilitation.
(2) To maintain and administer all State juvenile
correctional institutions previously under the control of
the Juvenile and Women's & Children Divisions of the
Department of Corrections, and to establish and maintain

institutions as needed to meet the needs of the youth
committed to its care.
(3) To identify the need for and recommend the funding
and implementation of an appropriate mix of programs and
services within the juvenile justice continuum, including,
but not limited to, prevention, nonresidential and
residential commitment programs, day treatment, and
conditional release programs and services, with the
support of educational, vocational, alcohol, drug abuse,
and mental health services where appropriate.
(3.5) To assist youth committed to the Department of
Juvenile Justice under the Juvenile Court Act of 1987 with
successful reintegration into society, the Department
shall retain custody and control of all adjudicated
delinquent juveniles released under Section 3-2.5-85 or
3-3-10 of this Code, shall provide a continuum of
post-release treatment and services to those youth, and
shall supervise those youth during their release period in
accordance with the conditions set by the Department or
the Prisoner Review Board.
(4) To establish and provide transitional and
post-release treatment programs for juveniles committed to
the Department. Services shall include, but are not
limited to:
(i) family and individual counseling and treatment
placement;

(ii) referral services to any other State or local
agencies;
(iii) mental health services;
(iv) educational services;
(v) family counseling services; and
(vi) substance abuse services.
(5) To access vital records of juveniles for the
purposes of providing necessary documentation for
transitional services such as obtaining identification,
educational enrollment, employment, and housing.
(6) To develop staffing and workload standards and
coordinate staff development and training appropriate for
juvenile populations.
(6.5) To develop policies and procedures promoting
family engagement and visitation appropriate for juvenile
populations.
(7) To develop, with the approval of the Office of the
Governor and the Governor's Office of Management and
Budget, annual budget requests.
(8) To administer the Interstate Compact for
Juveniles, with respect to all juveniles under its
jurisdiction, and to cooperate with the Department of
Human Services with regard to all non-offender juveniles
subject to the Interstate Compact for Juveniles.
(9) To decide the date of release on aftercare for
youth committed to the Department under Section 5-750 of

the Juvenile Court Act of 1987.
(10) To set conditions of aftercare release for all
youth committed to the Department under the Juvenile Court
Act of 1987.
(b) The Department may employ personnel in accordance with
the Personnel Code and Section 3-2.5-15 of this Code, provide
facilities, contract for goods and services, and adopt rules
as necessary to carry out its functions and purposes, all in
accordance with applicable State and federal law.
(c) On and after the date 6 months after August 16, 2013
(the effective date of Public Act 98-488), as provided in the
Executive Order 1 (2012) Implementation Act, all of the
powers, duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were transferred
from the Department of Corrections to the Department of
Healthcare and Family Services by Executive Order 3 (2005) are
transferred back to the Department of Corrections; however,
powers, duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were exercised by
the Department of Corrections before the effective date of
Executive Order 3 (2005) but that pertain to individuals
resident in facilities operated by the Department of Juvenile
Justice are transferred to the Department of Juvenile Justice.
(Source: P.A. 101-219, eff. 1-1-20; revised 9-24-19.)
(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)

Sec. 3-3-2. Powers and duties.
(a) The Parole and Pardon Board is abolished and the term
"Parole and Pardon Board" as used in any law of Illinois, shall
read "Prisoner Review Board." After February 1, 1978 (the
effective date of Public Act 81-1099) this amendatory Act of
1977, the Prisoner Review Board shall provide by rule for the
orderly transition of all files, records, and documents of the
Parole and Pardon Board and for such other steps as may be
necessary to effect an orderly transition and shall:
(1) hear by at least one member and through a panel of
at least 3 members decide, cases of prisoners who were
sentenced under the law in effect prior to February 1,
1978 (the effective date of Public Act 81-1099) this
amendatory Act of 1977, and who are eligible for parole;
(2) hear by at least one member and through a panel of
at least 3 members decide, the conditions of parole and
the time of discharge from parole, impose sanctions for
violations of parole, and revoke parole for those
sentenced under the law in effect prior to February 1,
1978 (the effective date of Public Act 81-1099) this
amendatory Act of 1977; provided that the decision to
parole and the conditions of parole for all prisoners who
were sentenced for first degree murder or who received a
minimum sentence of 20 years or more under the law in
effect prior to February 1, 1978 shall be determined by a
majority vote of the Prisoner Review Board. One

representative supporting parole and one representative
opposing parole will be allowed to speak. Their comments
shall be limited to making corrections and filling in
omissions to the Board's presentation and discussion;
(3) hear by at least one member and through a panel of
at least 3 members decide, the conditions of mandatory
supervised release and the time of discharge from
mandatory supervised release, impose sanctions for
violations of mandatory supervised release, and revoke
mandatory supervised release for those sentenced under the
law in effect after February 1, 1978 (the effective date
of Public Act 81-1099) this amendatory Act of 1977;
(3.5) hear by at least one member and through a panel
of at least 3 members decide, the conditions of mandatory
supervised release and the time of discharge from
mandatory supervised release, to impose sanctions for
violations of mandatory supervised release and revoke
mandatory supervised release for those serving extended
supervised release terms pursuant to paragraph (4) of
subsection (d) of Section 5-8-1;
(3.6) hear by at least one member and through a panel
of at least 3 members decide whether to revoke aftercare
release for those committed to the Department of Juvenile
Justice under the Juvenile Court Act of 1987;
(4) hear by at least one member and through a panel of
at least 3 members, decide cases brought by the Department

of Corrections against a prisoner in the custody of the
Department for alleged violation of Department rules with
respect to sentence credits under Section 3-6-3 of this
Code in which the Department seeks to revoke sentence
credits, if the amount of time at issue exceeds 30 days or
when, during any 12-month 12 month period, the cumulative
amount of credit revoked exceeds 30 days except where the
infraction is committed or discovered within 60 days of
scheduled release. In such cases, the Department of
Corrections may revoke up to 30 days of sentence credit.
The Board may subsequently approve the revocation of
additional sentence credit, if the Department seeks to
revoke sentence credit in excess of 30 thirty days.
However, the Board shall not be empowered to review the
Department's decision with respect to the loss of 30 days
of sentence credit for any prisoner or to increase any
penalty beyond the length requested by the Department;
(5) hear by at least one member and through a panel of
at least 3 members decide, the release dates for certain
prisoners sentenced under the law in existence prior to
February 1, 1978 (the effective date of Public Act
81-1099) this amendatory Act of 1977, in accordance with
Section 3-3-2.1 of this Code;
(6) hear by at least one member and through a panel of
at least 3 members decide, all requests for pardon,
reprieve or commutation, and make confidential

recommendations to the Governor;
(6.5) hear by at least one member who is qualified in
the field of juvenile matters and through a panel of at
least 3 members, 2 of whom are qualified in the field of
juvenile matters, decide parole review cases in accordance
with Section 5-4.5-115 of this Code and make release
determinations of persons under the age of 21 at the time
of the commission of an offense or offenses, other than
those persons serving sentences for first degree murder or
aggravated criminal sexual assault;
(6.6) hear by at least a quorum of the Prisoner Review
Board and decide by a majority of members present at the
hearing, in accordance with Section 5-4.5-115 of this
Code, release determinations of persons under the age of
21 at the time of the commission of an offense or offenses
of those persons serving sentences for first degree murder
or aggravated criminal sexual assault;
(7) comply with the requirements of the Open Parole
Hearings Act;
(8) hear by at least one member and, through a panel of
at least 3 members, decide cases brought by the Department
of Corrections against a prisoner in the custody of the
Department for court dismissal of a frivolous lawsuit
pursuant to Section 3-6-3(d) of this Code in which the
Department seeks to revoke up to 180 days of sentence
credit, and if the prisoner has not accumulated 180 days

of sentence credit at the time of the dismissal, then all
sentence credit accumulated by the prisoner shall be
revoked;
(9) hear by at least 3 members, and, through a panel of
at least 3 members, decide whether to grant certificates
of relief from disabilities or certificates of good
conduct as provided in Article 5.5 of Chapter V;
(10) upon a petition by a person who has been
convicted of a Class 3 or Class 4 felony and who meets the
requirements of this paragraph, hear by at least 3 members
and, with the unanimous vote of a panel of 3 members, issue
a certificate of eligibility for sealing recommending that
the court order the sealing of all official records of the
arresting authority, the circuit court clerk, and the
Department of State Police concerning the arrest and
conviction for the Class 3 or 4 felony. A person may not
apply to the Board for a certificate of eligibility for
sealing:
(A) until 5 years have elapsed since the
expiration of his or her sentence;
(B) until 5 years have elapsed since any arrests
or detentions by a law enforcement officer for an
alleged violation of law, other than a petty offense,
traffic offense, conservation offense, or local
ordinance offense;
(C) if convicted of a violation of the Cannabis

Control Act, Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act,
the Methamphetamine Precursor Control Act, or the
Methamphetamine Precursor Tracking Act unless the
petitioner has completed a drug abuse program for the
offense on which sealing is sought and provides proof
that he or she has completed the program successfully;
(D) if convicted of:
(i) a sex offense described in Article 11 or
Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
the Criminal Code of 1961 or the Criminal Code of
2012;
(ii) aggravated assault;
(iii) aggravated battery;
(iv) domestic battery;
(v) aggravated domestic battery;
(vi) violation of an order of protection;
(vii) an offense under the Criminal Code of
1961 or the Criminal Code of 2012 involving a
firearm;
(viii) driving while under the influence of
alcohol, other drug or drugs, intoxicating
compound or compounds, or any combination thereof;
(ix) aggravated driving while under the
influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any

combination thereof; or
(x) any crime defined as a crime of violence
under Section 2 of the Crime Victims Compensation
Act.
If a person has applied to the Board for a certificate
of eligibility for sealing and the Board denies the
certificate, the person must wait at least 4 years before
filing again or filing for pardon from the Governor unless
the Chairman of the Prisoner Review Board grants a waiver.
The decision to issue or refrain from issuing a
certificate of eligibility for sealing shall be at the
Board's sole discretion, and shall not give rise to any
cause of action against either the Board or its members.
The Board may only authorize the sealing of Class 3
and 4 felony convictions of the petitioner from one
information or indictment under this paragraph (10). A
petitioner may only receive one certificate of eligibility
for sealing under this provision for life; and
(11) upon a petition by a person who after having been
convicted of a Class 3 or Class 4 felony thereafter served
in the United States Armed Forces or National Guard of
this or any other state and had received an honorable
discharge from the United States Armed Forces or National
Guard or who at the time of filing the petition is enlisted
in the United States Armed Forces or National Guard of
this or any other state and served one tour of duty and who

meets the requirements of this paragraph, hear by at least
3 members and, with the unanimous vote of a panel of 3
members, issue a certificate of eligibility for
expungement recommending that the court order the
expungement of all official records of the arresting
authority, the circuit court clerk, and the Department of
State Police concerning the arrest and conviction for the
Class 3 or 4 felony. A person may not apply to the Board
for a certificate of eligibility for expungement:
(A) if convicted of:
(i) a sex offense described in Article 11 or
Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
the Criminal Code of 1961 or Criminal Code of
2012;
(ii) an offense under the Criminal Code of
1961 or Criminal Code of 2012 involving a firearm;
or
(iii) a crime of violence as defined in
Section 2 of the Crime Victims Compensation Act;
or
(B) if the person has not served in the United
States Armed Forces or National Guard of this or any
other state or has not received an honorable discharge
from the United States Armed Forces or National Guard
of this or any other state or who at the time of the
filing of the petition is serving in the United States

Armed Forces or National Guard of this or any other
state and has not completed one tour of duty.
If a person has applied to the Board for a certificate
of eligibility for expungement and the Board denies the
certificate, the person must wait at least 4 years before
filing again or filing for a pardon with authorization for
expungement from the Governor unless the Governor or
Chairman of the Prisoner Review Board grants a waiver.
(a-5) The Prisoner Review Board, with the cooperation of
and in coordination with the Department of Corrections and the
Department of Central Management Services, shall implement a
pilot project in 3 correctional institutions providing for the
conduct of hearings under paragraphs (1) and (4) of subsection
(a) of this Section through interactive video conferences. The
project shall be implemented within 6 months after January 1,
1997 (the effective date of Public Act 89-490) this amendatory
Act of 1996. Within 6 months after the implementation of the
pilot project, the Prisoner Review Board, with the cooperation
of and in coordination with the Department of Corrections and
the Department of Central Management Services, shall report to
the Governor and the General Assembly regarding the use,
costs, effectiveness, and future viability of interactive
video conferences for Prisoner Review Board hearings.
(b) Upon recommendation of the Department the Board may
restore sentence credit previously revoked.
(c) The Board shall cooperate with the Department in

promoting an effective system of parole and mandatory
supervised release.
(d) The Board shall promulgate rules for the conduct of
its work, and the Chairman shall file a copy of such rules and
any amendments thereto with the Director and with the
Secretary of State.
(e) The Board shall keep records of all of its official
actions and shall make them accessible in accordance with law
and the rules of the Board.
(f) The Board or one who has allegedly violated the
conditions of his or her parole, aftercare release, or
mandatory supervised release may require by subpoena the
attendance and testimony of witnesses and the production of
documentary evidence relating to any matter under
investigation or hearing. The Chairman of the Board may sign
subpoenas which shall be served by any agent or public
official authorized by the Chairman of the Board, or by any
person lawfully authorized to serve a subpoena under the laws
of the State of Illinois. The attendance of witnesses, and the
production of documentary evidence, may be required from any
place in the State to a hearing location in the State before
the Chairman of the Board or his or her designated agent or
agents or any duly constituted Committee or Subcommittee of
the Board. Witnesses so summoned shall be paid the same fees
and mileage that are paid witnesses in the circuit courts of
the State, and witnesses whose depositions are taken and the

persons taking those depositions are each entitled to the same
fees as are paid for like services in actions in the circuit
courts of the State. Fees and mileage shall be vouchered for
payment when the witness is discharged from further
attendance.
In case of disobedience to a subpoena, the Board may
petition any circuit court of the State for an order requiring
the attendance and testimony of witnesses or the production of
documentary evidence or both. A copy of such petition shall be
served by personal service or by registered or certified mail
upon the person who has failed to obey the subpoena, and such
person shall be advised in writing that a hearing upon the
petition will be requested in a court room to be designated in
such notice before the judge hearing motions or extraordinary
remedies at a specified time, on a specified date, not less
than 10 nor more than 15 days after the deposit of the copy of
the written notice and petition in the U.S. mail mails
addressed to the person at his or her last known address or
after the personal service of the copy of the notice and
petition upon such person. The court upon the filing of such a
petition, may order the person refusing to obey the subpoena
to appear at an investigation or hearing, or to there produce
documentary evidence, if so ordered, or to give evidence
relative to the subject matter of that investigation or
hearing. Any failure to obey such order of the circuit court
may be punished by that court as a contempt of court.

Each member of the Board and any hearing officer
designated by the Board shall have the power to administer
oaths and to take the testimony of persons under oath.
(g) Except under subsection (a) of this Section, a
majority of the members then appointed to the Prisoner Review
Board shall constitute a quorum for the transaction of all
business of the Board.
(h) The Prisoner Review Board shall annually transmit to
the Director a detailed report of its work for the preceding
calendar year. The annual report shall also be transmitted to
the Governor for submission to the Legislature.
(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20;
revised 8-19-20.)
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
Sec. 3-6-3. Rules and regulations for sentence credit.
(a)(1) The Department of Corrections shall prescribe rules
and regulations for awarding and revoking sentence credit for
persons committed to the Department which shall be subject to
review by the Prisoner Review Board.
(1.5) As otherwise provided by law, sentence credit may be
awarded for the following:
(A) successful completion of programming while in
custody of the Department or while in custody prior to
sentencing;
(B) compliance with the rules and regulations of the

Department; or
(C) service to the institution, service to a
community, or service to the State.
(2) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide, with respect to offenses listed in clause (i),
(ii), or (iii) of this paragraph (2) committed on or after June
19, 1998 or with respect to the offense listed in clause (iv)
of this paragraph (2) committed on or after June 23, 2005 (the
effective date of Public Act 94-71) or with respect to offense
listed in clause (vi) committed on or after June 1, 2008 (the
effective date of Public Act 95-625) or with respect to the
offense of being an armed habitual criminal committed on or
after August 2, 2005 (the effective date of Public Act 94-398)
or with respect to the offenses listed in clause (v) of this
paragraph (2) committed on or after August 13, 2007 (the
effective date of Public Act 95-134) or with respect to the
offense of aggravated domestic battery committed on or after
July 23, 2010 (the effective date of Public Act 96-1224) or
with respect to the offense of attempt to commit terrorism
committed on or after January 1, 2013 (the effective date of
Public Act 97-990), the following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder or for the offense of
terrorism shall receive no sentence credit and shall serve
the entire sentence imposed by the court;

(ii) that a prisoner serving a sentence for attempt to
commit terrorism, attempt to commit first degree murder,
solicitation of murder, solicitation of murder for hire,
intentional homicide of an unborn child, predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, aggravated
kidnapping, aggravated battery with a firearm as described
in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
or (e)(4) of Section 12-3.05, heinous battery as described
in Section 12-4.1 or subdivision (a)(2) of Section
12-3.05, being an armed habitual criminal, aggravated
battery of a senior citizen as described in Section 12-4.6
or subdivision (a)(4) of Section 12-3.05, or aggravated
battery of a child as described in Section 12-4.3 or
subdivision (b)(1) of Section 12-3.05 shall receive no
more than 4.5 days of sentence credit for each month of his
or her sentence of imprisonment;
(iii) that a prisoner serving a sentence for home
invasion, armed robbery, aggravated vehicular hijacking,
aggravated discharge of a firearm, or armed violence with
a category I weapon or category II weapon, when the court
has made and entered a finding, pursuant to subsection
(c-1) of Section 5-4-1 of this Code, that the conduct
leading to conviction for the enumerated offense resulted
in great bodily harm to a victim, shall receive no more
than 4.5 days of sentence credit for each month of his or

her sentence of imprisonment;
(iv) that a prisoner serving a sentence for aggravated
discharge of a firearm, whether or not the conduct leading
to conviction for the offense resulted in great bodily
harm to the victim, shall receive no more than 4.5 days of
sentence credit for each month of his or her sentence of
imprisonment;
(v) that a person serving a sentence for gunrunning,
narcotics racketeering, controlled substance trafficking,
methamphetamine trafficking, drug-induced homicide,
aggravated methamphetamine-related child endangerment,
money laundering pursuant to clause (c) (4) or (5) of
Section 29B-1 of the Criminal Code of 1961 or the Criminal
Code of 2012, or a Class X felony conviction for delivery
of a controlled substance, possession of a controlled
substance with intent to manufacture or deliver,
calculated criminal drug conspiracy, criminal drug
conspiracy, street gang criminal drug conspiracy,
participation in methamphetamine manufacturing,
aggravated participation in methamphetamine
manufacturing, delivery of methamphetamine, possession
with intent to deliver methamphetamine, aggravated
delivery of methamphetamine, aggravated possession with
intent to deliver methamphetamine, methamphetamine
conspiracy when the substance containing the controlled
substance or methamphetamine is 100 grams or more shall

receive no more than 7.5 days sentence credit for each
month of his or her sentence of imprisonment;
(vi) that a prisoner serving a sentence for a second
or subsequent offense of luring a minor shall receive no
more than 4.5 days of sentence credit for each month of his
or her sentence of imprisonment; and
(vii) that a prisoner serving a sentence for
aggravated domestic battery shall receive no more than 4.5
days of sentence credit for each month of his or her
sentence of imprisonment.
(2.1) For all offenses, other than those enumerated in
subdivision (a)(2)(i), (ii), or (iii) committed on or after
June 19, 1998 or subdivision (a)(2)(iv) committed on or after
June 23, 2005 (the effective date of Public Act 94-71) or
subdivision (a)(2)(v) committed on or after August 13, 2007
(the effective date of Public Act 95-134) or subdivision
(a)(2)(vi) committed on or after June 1, 2008 (the effective
date of Public Act 95-625) or subdivision (a)(2)(vii)
committed on or after July 23, 2010 (the effective date of
Public Act 96-1224), and other than the offense of aggravated
driving under the influence of alcohol, other drug or drugs,
or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (F) of paragraph (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle Code,
and other than the offense of aggravated driving under the
influence of alcohol, other drug or drugs, or intoxicating

compound or compounds, or any combination thereof as defined
in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or
after January 1, 2011 (the effective date of Public Act
96-1230), the rules and regulations shall provide that a
prisoner who is serving a term of imprisonment shall receive
one day of sentence credit for each day of his or her sentence
of imprisonment or recommitment under Section 3-3-9. Each day
of sentence credit shall reduce by one day the prisoner's
period of imprisonment or recommitment under Section 3-3-9.
(2.2) A prisoner serving a term of natural life
imprisonment or a prisoner who has been sentenced to death
shall receive no sentence credit.
(2.3) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds, or any
combination thereof as defined in subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, shall receive no more than 4.5 days of
sentence credit for each month of his or her sentence of
imprisonment.
(2.4) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide with respect to the offenses of aggravated

battery with a machine gun or a firearm equipped with any
device or attachment designed or used for silencing the report
of a firearm or aggravated discharge of a machine gun or a
firearm equipped with any device or attachment designed or
used for silencing the report of a firearm, committed on or
after July 15, 1999 (the effective date of Public Act 91-121),
that a prisoner serving a sentence for any of these offenses
shall receive no more than 4.5 days of sentence credit for each
month of his or her sentence of imprisonment.
(2.5) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated arson committed on or after July 27, 2001 (the
effective date of Public Act 92-176) shall receive no more
than 4.5 days of sentence credit for each month of his or her
sentence of imprisonment.
(2.6) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds or any
combination thereof as defined in subparagraph (C) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code committed on or after January 1, 2011
(the effective date of Public Act 96-1230) shall receive no
more than 4.5 days of sentence credit for each month of his or

her sentence of imprisonment.
(3) In addition to the sentence credits earned under
paragraphs (2.1), (4), (4.1), and (4.7) of this subsection
(a), the rules and regulations shall also provide that the
Director may award up to 180 days of earned sentence credit for
good conduct in specific instances as the Director deems
proper. The good conduct may include, but is not limited to,
compliance with the rules and regulations of the Department,
service to the Department, service to a community, or service
to the State.
Eligible inmates for an award of earned sentence credit
under this paragraph (3) may be selected to receive the credit
at the Director's or his or her designee's sole discretion.
Eligibility for the additional earned sentence credit under
this paragraph (3) shall be based on, but is not limited to,
the results of any available risk/needs assessment or other
relevant assessments or evaluations administered by the
Department using a validated instrument, the circumstances of
the crime, any history of conviction for a forcible felony
enumerated in Section 2-8 of the Criminal Code of 2012, the
inmate's behavior and disciplinary history while incarcerated,
and the inmate's commitment to rehabilitation, including
participation in programming offered by the Department.
The Director shall not award sentence credit under this
paragraph (3) to an inmate unless the inmate has served a
minimum of 60 days of the sentence; except nothing in this

paragraph shall be construed to permit the Director to extend
an inmate's sentence beyond that which was imposed by the
court. Prior to awarding credit under this paragraph (3), the
Director shall make a written determination that the inmate:
(A) is eligible for the earned sentence credit;
(B) has served a minimum of 60 days, or as close to 60
days as the sentence will allow;
(B-1) has received a risk/needs assessment or other
relevant evaluation or assessment administered by the
Department using a validated instrument; and
(C) has met the eligibility criteria established by
rule for earned sentence credit.
The Director shall determine the form and content of the
written determination required in this subsection.
(3.5) The Department shall provide annual written reports
to the Governor and the General Assembly on the award of earned
sentence credit no later than February 1 of each year. The
Department must publish both reports on its website within 48
hours of transmitting the reports to the Governor and the
General Assembly. The reports must include:
(A) the number of inmates awarded earned sentence
credit;
(B) the average amount of earned sentence credit
awarded;
(C) the holding offenses of inmates awarded earned
sentence credit; and

(D) the number of earned sentence credit revocations.
(4)(A) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall also provide
that the sentence credit accumulated and retained under
paragraph (2.1) of subsection (a) of this Section by any
inmate during specific periods of time in which such inmate is
engaged full-time in substance abuse programs, correctional
industry assignments, educational programs, behavior
modification programs, life skills courses, or re-entry
planning provided by the Department under this paragraph (4)
and satisfactorily completes the assigned program as
determined by the standards of the Department, shall be
multiplied by a factor of 1.25 for program participation
before August 11, 1993 and 1.50 for program participation on
or after that date. The rules and regulations shall also
provide that sentence credit, subject to the same offense
limits and multiplier provided in this paragraph, may be
provided to an inmate who was held in pre-trial detention
prior to his or her current commitment to the Department of
Corrections and successfully completed a full-time, 60-day or
longer substance abuse program, educational program, behavior
modification program, life skills course, or re-entry planning
provided by the county department of corrections or county
jail. Calculation of this county program credit shall be done
at sentencing as provided in Section 5-4.5-100 of this Code
and shall be included in the sentencing order. However, no

inmate shall be eligible for the additional sentence credit
under this paragraph (4) or (4.1) of this subsection (a) while
assigned to a boot camp or electronic detention.
(B) The Department shall award sentence credit under this
paragraph (4) accumulated prior to January 1, 2020 (the
effective date of Public Act 101-440) this amendatory Act of
the 101st General Assembly in an amount specified in
subparagraph (C) of this paragraph (4) to an inmate serving a
sentence for an offense committed prior to June 19, 1998, if
the Department determines that the inmate is entitled to this
sentence credit, based upon:
(i) documentation provided by the Department that the
inmate engaged in any full-time substance abuse programs,
correctional industry assignments, educational programs,
behavior modification programs, life skills courses, or
re-entry planning provided by the Department under this
paragraph (4) and satisfactorily completed the assigned
program as determined by the standards of the Department
during the inmate's current term of incarceration; or
(ii) the inmate's own testimony in the form of an
affidavit or documentation, or a third party's
documentation or testimony in the form of an affidavit
that the inmate likely engaged in any full-time substance
abuse programs, correctional industry assignments,
educational programs, behavior modification programs, life
skills courses, or re-entry planning provided by the

Department under paragraph (4) and satisfactorily
completed the assigned program as determined by the
standards of the Department during the inmate's current
term of incarceration.
(C) If the inmate can provide documentation that he or she
is entitled to sentence credit under subparagraph (B) in
excess of 45 days of participation in those programs, the
inmate shall receive 90 days of sentence credit. If the inmate
cannot provide documentation of more than 45 days of
participation in those programs, the inmate shall receive 45
days of sentence credit. In the event of a disagreement
between the Department and the inmate as to the amount of
credit accumulated under subparagraph (B), if the Department
provides documented proof of a lesser amount of days of
participation in those programs, that proof shall control. If
the Department provides no documentary proof, the inmate's
proof as set forth in clause (ii) of subparagraph (B) shall
control as to the amount of sentence credit provided.
(D) If the inmate has been convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act,
sentencing credits under subparagraph (B) of this paragraph
(4) shall be awarded by the Department only if the conditions
set forth in paragraph (4.6) of subsection (a) are satisfied.
No inmate serving a term of natural life imprisonment shall
receive sentence credit under subparagraph (B) of this
paragraph (4).

Educational, vocational, substance abuse, behavior
modification programs, life skills courses, re-entry planning,
and correctional industry programs under which sentence credit
may be increased under this paragraph (4) and paragraph (4.1)
of this subsection (a) shall be evaluated by the Department on
the basis of documented standards. The Department shall report
the results of these evaluations to the Governor and the
General Assembly by September 30th of each year. The reports
shall include data relating to the recidivism rate among
program participants.
Availability of these programs shall be subject to the
limits of fiscal resources appropriated by the General
Assembly for these purposes. Eligible inmates who are denied
immediate admission shall be placed on a waiting list under
criteria established by the Department. The inability of any
inmate to become engaged in any such programs by reason of
insufficient program resources or for any other reason
established under the rules and regulations of the Department
shall not be deemed a cause of action under which the
Department or any employee or agent of the Department shall be
liable for damages to the inmate.
(4.1) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall also provide
that an additional 90 days of sentence credit shall be awarded
to any prisoner who passes high school equivalency testing
while the prisoner is committed to the Department of

Corrections. The sentence credit awarded under this paragraph
(4.1) shall be in addition to, and shall not affect, the award
of sentence credit under any other paragraph of this Section,
but shall also be pursuant to the guidelines and restrictions
set forth in paragraph (4) of subsection (a) of this Section.
The sentence credit provided for in this paragraph shall be
available only to those prisoners who have not previously
earned a high school diploma or a high school equivalency
certificate. If, after an award of the high school equivalency
testing sentence credit has been made, the Department
determines that the prisoner was not eligible, then the award
shall be revoked. The Department may also award 90 days of
sentence credit to any committed person who passed high school
equivalency testing while he or she was held in pre-trial
detention prior to the current commitment to the Department of
Corrections.
Except as provided in paragraph (4.7) of this subsection
(a), the rules and regulations shall provide that an
additional 180 days of sentence credit shall be awarded to any
prisoner who obtains a bachelor's degree while the prisoner is
committed to the Department of Corrections. The sentence
credit awarded under this paragraph (4.1) shall be in addition
to, and shall not affect, the award of sentence credit under
any other paragraph of this Section, but shall also be under
the guidelines and restrictions set forth in paragraph (4) of
this subsection (a). The sentence credit provided for in this

paragraph shall be available only to those prisoners who have
not earned a bachelor's degree prior to the current commitment
to the Department of Corrections. If, after an award of the
bachelor's degree sentence credit has been made, the
Department determines that the prisoner was not eligible, then
the award shall be revoked. The Department may also award 180
days of sentence credit to any committed person who earned a
bachelor's degree while he or she was held in pre-trial
detention prior to the current commitment to the Department of
Corrections.
Except as provided in paragraph (4.7) of this subsection
(a), the rules and regulations shall provide that an
additional 180 days of sentence credit shall be awarded to any
prisoner who obtains a master's or professional degree while
the prisoner is committed to the Department of Corrections.
The sentence credit awarded under this paragraph (4.1) shall
be in addition to, and shall not affect, the award of sentence
credit under any other paragraph of this Section, but shall
also be under the guidelines and restrictions set forth in
paragraph (4) of this subsection (a). The sentence credit
provided for in this paragraph shall be available only to
those prisoners who have not previously earned a master's or
professional degree prior to the current commitment to the
Department of Corrections. If, after an award of the master's
or professional degree sentence credit has been made, the
Department determines that the prisoner was not eligible, then

the award shall be revoked. The Department may also award 180
days of sentence credit to any committed person who earned a
master's or professional degree while he or she was held in
pre-trial detention prior to the current commitment to the
Department of Corrections.
(4.5) The rules and regulations on sentence credit shall
also provide that when the court's sentencing order recommends
a prisoner for substance abuse treatment and the crime was
committed on or after September 1, 2003 (the effective date of
Public Act 93-354), the prisoner shall receive no sentence
credit awarded under clause (3) of this subsection (a) unless
he or she participates in and completes a substance abuse
treatment program. The Director may waive the requirement to
participate in or complete a substance abuse treatment program
in specific instances if the prisoner is not a good candidate
for a substance abuse treatment program for medical,
programming, or operational reasons. Availability of substance
abuse treatment shall be subject to the limits of fiscal
resources appropriated by the General Assembly for these
purposes. If treatment is not available and the requirement to
participate and complete the treatment has not been waived by
the Director, the prisoner shall be placed on a waiting list
under criteria established by the Department. The Director may
allow a prisoner placed on a waiting list to participate in and
complete a substance abuse education class or attend substance
abuse self-help meetings in lieu of a substance abuse

treatment program. A prisoner on a waiting list who is not
placed in a substance abuse program prior to release may be
eligible for a waiver and receive sentence credit under clause
(3) of this subsection (a) at the discretion of the Director.
(4.6) The rules and regulations on sentence credit shall
also provide that a prisoner who has been convicted of a sex
offense as defined in Section 2 of the Sex Offender
Registration Act shall receive no sentence credit unless he or
she either has successfully completed or is participating in
sex offender treatment as defined by the Sex Offender
Management Board. However, prisoners who are waiting to
receive treatment, but who are unable to do so due solely to
the lack of resources on the part of the Department, may, at
the Director's sole discretion, be awarded sentence credit at
a rate as the Director shall determine.
(4.7) On or after January 1, 2018 (the effective date of
Public Act 100-3) this amendatory Act of the 100th General
Assembly, sentence credit under paragraph (3), (4), or (4.1)
of this subsection (a) may be awarded to a prisoner who is
serving a sentence for an offense described in paragraph (2),
(2.3), (2.4), (2.5), or (2.6) for credit earned on or after
January 1, 2018 (the effective date of Public Act 100-3) this
amendatory Act of the 100th General Assembly; provided, the
award of the credits under this paragraph (4.7) shall not
reduce the sentence of the prisoner to less than the following
amounts:

(i) 85% of his or her sentence if the prisoner is
required to serve 85% of his or her sentence; or
(ii) 60% of his or her sentence if the prisoner is
required to serve 75% of his or her sentence, except if the
prisoner is serving a sentence for gunrunning his or her
sentence shall not be reduced to less than 75%.
(iii) 100% of his or her sentence if the prisoner is
required to serve 100% of his or her sentence.
(5) Whenever the Department is to release any inmate
earlier than it otherwise would because of a grant of earned
sentence credit under paragraph (3) of subsection (a) of this
Section given at any time during the term, the Department
shall give reasonable notice of the impending release not less
than 14 days prior to the date of the release to the State's
Attorney of the county where the prosecution of the inmate
took place, and if applicable, the State's Attorney of the
county into which the inmate will be released. The Department
must also make identification information and a recent photo
of the inmate being released accessible on the Internet by
means of a hyperlink labeled "Community Notification of Inmate
Early Release" on the Department's World Wide Web homepage.
The identification information shall include the inmate's:
name, any known alias, date of birth, physical
characteristics, commitment offense, and county where
conviction was imposed. The identification information shall
be placed on the website within 3 days of the inmate's release

and the information may not be removed until either:
completion of the first year of mandatory supervised release
or return of the inmate to custody of the Department.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of sentence credit.
(c) The Department shall prescribe rules and regulations
for revoking sentence credit, including revoking sentence
credit awarded under paragraph (3) of subsection (a) of this
Section. The Department shall prescribe rules and regulations
for suspending or reducing the rate of accumulation of
sentence credit for specific rule violations, during
imprisonment. These rules and regulations shall provide that
no inmate may be penalized more than one year of sentence
credit for any one infraction.
When the Department seeks to revoke, suspend, or reduce
the rate of accumulation of any sentence credits for an
alleged infraction of its rules, it shall bring charges
therefor against the prisoner sought to be so deprived of
sentence credits before the Prisoner Review Board as provided
in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
amount of credit at issue exceeds 30 days or when, during any
12-month 12 month period, the cumulative amount of credit
revoked exceeds 30 days except where the infraction is
committed or discovered within 60 days of scheduled release.

In those cases, the Department of Corrections may revoke up to
30 days of sentence credit. The Board may subsequently approve
the revocation of additional sentence credit, if the
Department seeks to revoke sentence credit in excess of 30
days. However, the Board shall not be empowered to review the
Department's decision with respect to the loss of 30 days of
sentence credit within any calendar year for any prisoner or
to increase any penalty beyond the length requested by the
Department.
The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days of sentence
credits which have been revoked, suspended, or reduced. Any
restoration of sentence credits in excess of 30 days shall be
subject to review by the Prisoner Review Board. However, the
Board may not restore sentence credit in excess of the amount
requested by the Director.
Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
sentence imposed by the court that was not served due to the
accumulation of sentence credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or
federal court against the State, the Department of
Corrections, or the Prisoner Review Board, or against any of
their officers or employees, and the court makes a specific
finding that a pleading, motion, or other paper filed by the

prisoner is frivolous, the Department of Corrections shall
conduct a hearing to revoke up to 180 days of sentence credit
by bringing charges against the prisoner sought to be deprived
of the sentence credits before the Prisoner Review Board as
provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the prisoner has not accumulated 180 days of sentence
credit at the time of the finding, then the Prisoner Review
Board may revoke all sentence credit accumulated by the
prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or
other filing which purports to be a legal document filed
by a prisoner in his or her lawsuit meets any or all of the
following criteria:
(A) it lacks an arguable basis either in law or in
fact;
(B) it is being presented for any improper
purpose, such as to harass or to cause unnecessary
delay or needless increase in the cost of litigation;
(C) the claims, defenses, and other legal
contentions therein are not warranted by existing law
or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(D) the allegations and other factual contentions
do not have evidentiary support or, if specifically so

identified, are not likely to have evidentiary support
after a reasonable opportunity for further
investigation or discovery; or
(E) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief.
(2) "Lawsuit" means a motion pursuant to Section 116-3
of the Code of Criminal Procedure of 1963, a habeas corpus
action under Article X of the Code of Civil Procedure or
under federal law (28 U.S.C. 2254), a petition for claim
under the Court of Claims Act, an action under the federal
Civil Rights Act (42 U.S.C. 1983), or a second or
subsequent petition for post-conviction relief under
Article 122 of the Code of Criminal Procedure of 1963
whether filed with or without leave of court or a second or
subsequent petition for relief from judgment under Section
2-1401 of the Code of Civil Procedure.
(e) Nothing in Public Act 90-592 or 90-593 affects the
validity of Public Act 89-404.
(f) Whenever the Department is to release any inmate who
has been convicted of a violation of an order of protection
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, earlier than it otherwise would
because of a grant of sentence credit, the Department, as a
condition of release, shall require that the person, upon

release, be placed under electronic surveillance as provided
in Section 5-8A-7 of this Code.
(Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18;
101-440, eff. 1-1-20; revised 8-19-20.)
(730 ILCS 5/3-8-5) (from Ch. 38, par. 1003-8-5)
Sec. 3-8-5. Transfer to Department of Human Services.
(a) The Department shall cause inquiry and examination at
periodic intervals to ascertain whether any person committed
to it may be subject to involuntary admission, as defined in
Section 1-119 of the Mental Health and Developmental
Disabilities Code, or meets the standard for judicial
admission as defined in Section 4-500 of the Mental Health and
Developmental Disabilities Code, or is an intoxicated person
or a person with a substance use disorder as defined in the
Substance Use Disorder Act. The Department may provide special
psychiatric or psychological or other counseling or treatment
to such persons in a separate institution within the
Department, or the Director of the Department of Corrections
may transfer such persons other than intoxicated persons or
persons with substance use disorders to the Department of
Human Services for observation, diagnosis and treatment,
subject to the approval of the Secretary Director of the
Department of Human Services, for a period of not more than 6
months, if the person consents in writing to the transfer. The
person shall be advised of his right not to consent, and if he

does not consent, such transfer may be effected only by
commitment under paragraphs (c) and (d) of this Section.
(b) The person's spouse, guardian, or nearest relative and
his attorney of record shall be advised of their right to
object, and if objection is made, such transfer may be
effected only by commitment under paragraph (c) of this
Section. Notices of such transfer shall be mailed to such
person's spouse, guardian, or nearest relative and to the
attorney of record marked for delivery to addressee only at
his last known address by certified mail with return receipt
requested together with written notification of the manner and
time within which he may object thereto.
(c) If a committed person does not consent to his transfer
to the Department of Human Services or if a person objects
under paragraph (b) of this Section, or if the Department of
Human Services determines that a transferred person requires
commitment to the Department of Human Services for more than 6
months, or if the person's sentence will expire within 6
months, the Director of the Department of Corrections shall
file a petition in the circuit court of the county in which the
correctional institution or facility is located requesting the
transfer of such person to the Department of Human Services. A
certificate of a psychiatrist, a clinical psychologist, or, if
admission to a developmental disability facility is sought, of
a physician that the person is in need of commitment to the
Department of Human Services for treatment or habilitation

shall be attached to the petition. Copies of the petition
shall be furnished to the named person and to the state's
attorneys of the county in which the correctional institution
or facility is located and the county in which the named person
was committed to the Department of Corrections.
(d) The court shall set a date for a hearing on the
petition within the time limit set forth in the Mental Health
and Developmental Disabilities Code. The hearing shall be
conducted in the manner prescribed by the Mental Health and
Developmental Disabilities Code. If the person is found to be
in need of commitment to the Department of Human Services for
treatment or habilitation, the court may commit him to that
Department.
(e) Nothing in this Section shall limit the right of the
Director or the chief administrative officer of any
institution or facility to utilize the emergency admission
provisions of the Mental Health and Developmental Disabilities
Code with respect to any person in his custody or care. The
transfer of a person to an institution or facility of the
Department of Human Services under paragraph (a) of this
Section does not discharge the person from the control of the
Department.
(Source: P.A. 100-759, eff. 1-1-19; revised 7-12-19.)
(730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
Sec. 3-14-1. Release from the institution.

(a) Upon release of a person on parole, mandatory release,
final discharge or pardon the Department shall return all
property held for him, provide him with suitable clothing and
procure necessary transportation for him to his designated
place of residence and employment. It may provide such person
with a grant of money for travel and expenses which may be paid
in installments. The amount of the money grant shall be
determined by the Department.
(a-1) The Department shall, before a wrongfully imprisoned
person, as defined in Section 3-1-2 of this Code, is
discharged from the Department, provide him or her with any
documents necessary after discharge.
(a-2) The Department of Corrections may establish and
maintain, in any institution it administers, revolving funds
to be known as "Travel and Allowances Revolving Funds". These
revolving funds shall be used for advancing travel and expense
allowances to committed, paroled, and discharged prisoners.
The moneys paid into such revolving funds shall be from
appropriations to the Department for Committed, Paroled, and
Discharged Prisoners.
(a-3) Upon release of a person who is eligible to vote on
parole, mandatory release, final discharge, or pardon, the
Department shall provide the person with a form that informs
him or her that his or her voting rights have been restored and
a voter registration application. The Department shall have
available voter registration applications in the languages

provided by the Illinois State Board of Elections. The form
that informs the person that his or her rights have been
restored shall include the following information:
(1) All voting rights are restored upon release from
the Department's custody.
(2) A person who is eligible to vote must register in
order to be able to vote.
The Department of Corrections shall confirm that the
person received the voter registration application and has
been informed that his or her voting rights have been
restored.
(a-4) (a-3) Prior to release of a person on parole,
mandatory supervised release, final discharge, or pardon, the
Department shall screen every person for Medicaid eligibility.
Officials of the correctional institution or facility where
the committed person is assigned shall assist an eligible
person to complete a Medicaid application to ensure that the
person begins receiving benefits as soon as possible after his
or her release. The application must include the eligible
person's address associated with his or her residence upon
release from the facility. If the residence is temporary, the
eligible person must notify the Department of Human Services
of his or her change in address upon transition to permanent
housing.
(b) (Blank).
(c) Except as otherwise provided in this Code, the

Department shall establish procedures to provide written
notification of any release of any person who has been
convicted of a felony to the State's Attorney and sheriff of
the county from which the offender was committed, and the
State's Attorney and sheriff of the county into which the
offender is to be paroled or released. Except as otherwise
provided in this Code, the Department shall establish
procedures to provide written notification to the proper law
enforcement agency for any municipality of any release of any
person who has been convicted of a felony if the arrest of the
offender or the commission of the offense took place in the
municipality, if the offender is to be paroled or released
into the municipality, or if the offender resided in the
municipality at the time of the commission of the offense. If a
person convicted of a felony who is in the custody of the
Department of Corrections or on parole or mandatory supervised
release informs the Department that he or she has resided,
resides, or will reside at an address that is a housing
facility owned, managed, operated, or leased by a public
housing agency, the Department must send written notification
of that information to the public housing agency that owns,
manages, operates, or leases the housing facility. The written
notification shall, when possible, be given at least 14 days
before release of the person from custody, or as soon
thereafter as possible. The written notification shall be
provided electronically if the State's Attorney, sheriff,

proper law enforcement agency, or public housing agency has
provided the Department with an accurate and up to date email
address.
(c-1) (Blank).
(c-2) The Department shall establish procedures to provide
notice to the Department of State Police of the release or
discharge of persons convicted of violations of the
Methamphetamine Control and Community Protection Act or a
violation of the Methamphetamine Precursor Control Act. The
Department of State Police shall make this information
available to local, State, or federal law enforcement agencies
upon request.
(c-5) If a person on parole or mandatory supervised
release becomes a resident of a facility licensed or regulated
by the Department of Public Health, the Illinois Department of
Public Aid, or the Illinois Department of Human Services, the
Department of Corrections shall provide copies of the
following information to the appropriate licensing or
regulating Department and the licensed or regulated facility
where the person becomes a resident:
(1) The mittimus and any pre-sentence investigation
reports.
(2) The social evaluation prepared pursuant to Section
3-8-2.
(3) Any pre-release evaluation conducted pursuant to
subsection (j) of Section 3-6-2.

(4) Reports of disciplinary infractions and
dispositions.
(5) Any parole plan, including orders issued by the
Prisoner Review Board, and any violation reports and
dispositions.
(6) The name and contact information for the assigned
parole agent and parole supervisor.
This information shall be provided within 3 days of the
person becoming a resident of the facility.
(c-10) If a person on parole or mandatory supervised
release becomes a resident of a facility licensed or regulated
by the Department of Public Health, the Illinois Department of
Public Aid, or the Illinois Department of Human Services, the
Department of Corrections shall provide written notification
of such residence to the following:
(1) The Prisoner Review Board.
(2) The chief of police and sheriff in the
municipality and county in which the licensed facility is
located.
The notification shall be provided within 3 days of the
person becoming a resident of the facility.
(d) Upon the release of a committed person on parole,
mandatory supervised release, final discharge or pardon, the
Department shall provide such person with information
concerning programs and services of the Illinois Department of
Public Health to ascertain whether such person has been

exposed to the human immunodeficiency virus (HIV) or any
identified causative agent of Acquired Immunodeficiency
Syndrome (AIDS).
(e) Upon the release of a committed person on parole,
mandatory supervised release, final discharge, pardon, or who
has been wrongfully imprisoned, the Department shall verify
the released person's full name, date of birth, and social
security number. If verification is made by the Department by
obtaining a certified copy of the released person's birth
certificate and the released person's social security card or
other documents authorized by the Secretary, the Department
shall provide the birth certificate and social security card
or other documents authorized by the Secretary to the released
person. If verification by the Department is done by means
other than obtaining a certified copy of the released person's
birth certificate and the released person's social security
card or other documents authorized by the Secretary, the
Department shall complete a verification form, prescribed by
the Secretary of State, and shall provide that verification
form to the released person.
(f) Forty-five days prior to the scheduled discharge of a
person committed to the custody of the Department of
Corrections, the Department shall give the person who is
otherwise uninsured an opportunity to apply for health care
coverage including medical assistance under Article V of the
Illinois Public Aid Code in accordance with subsection (b) of

Section 1-8.5 of the Illinois Public Aid Code, and the
Department of Corrections shall provide assistance with
completion of the application for health care coverage
including medical assistance. The Department may adopt rules
to implement this Section.
(Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20;
revised 9-9-19.)
(730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
Sec. 5-2-4. Proceedings after acquittal by reason of
insanity.
(a) After a finding or verdict of not guilty by reason of
insanity under Sections 104-25, 115-3, or 115-4 of the Code of
Criminal Procedure of 1963, the defendant shall be ordered to
the Department of Human Services for an evaluation as to
whether he is in need of mental health services. The order
shall specify whether the evaluation shall be conducted on an
inpatient or outpatient basis. If the evaluation is to be
conducted on an inpatient basis, the defendant shall be placed
in a secure setting. With the court order for evaluation shall
be sent a copy of the arrest report, criminal charges, arrest
record, jail record, any report prepared under Section 115-6
of the Code of Criminal Procedure of 1963, and any statement
prepared under Section 6 of the Rights of Crime Victims and
Witnesses Act. The clerk of the circuit court shall transmit
this information to the Department within 5 days. If the court

orders that the evaluation be done on an inpatient basis, the
Department shall evaluate the defendant to determine to which
secure facility the defendant shall be transported and, within
20 days of the transmittal by the clerk of the circuit court of
the placement court order, notify the sheriff of the
designated facility. Upon receipt of that notice, the sheriff
shall promptly transport the defendant to the designated
facility. During the period of time required to determine the
appropriate placement, the defendant shall remain in jail. If,
within 20 days of the transmittal by the clerk of the circuit
court of the placement court order, the Department fails to
notify the sheriff of the identity of the facility to which the
defendant shall be transported, the sheriff shall contact a
designated person within the Department to inquire about when
a placement will become available at the designated facility
and bed availability at other facilities. If, within 20 days
of the transmittal by the clerk of the circuit court of the
placement court order, the Department fails to notify the
sheriff of the identity of the facility to which the defendant
shall be transported, the sheriff shall notify the Department
of its intent to transfer the defendant to the nearest secure
mental health facility operated by the Department and inquire
as to the status of the placement evaluation and availability
for admission to the facility operated by the Department by
contacting a designated person within the Department. The
Department shall respond to the sheriff within 2 business days

of the notice and inquiry by the sheriff seeking the transfer
and the Department shall provide the sheriff with the status
of the placement evaluation, information on bed and placement
availability, and an estimated date of admission for the
defendant and any changes to that estimated date of admission.
If the Department notifies the sheriff during the 2 business
day period of a facility operated by the Department with
placement availability, the sheriff shall promptly transport
the defendant to that facility. Individualized placement
evaluations by the Department of Human Services determine the
most appropriate setting for forensic treatment based upon a
number of factors including mental health diagnosis, proximity
to surviving victims, security need, age, gender, and
proximity to family.
The Department shall provide the Court with a report of
its evaluation within 30 days of the date of this order. The
Court shall hold a hearing as provided under the Mental Health
and Developmental Disabilities Code to determine if the
individual is: (a) in need of mental health services on an
inpatient basis; (b) in need of mental health services on an
outpatient basis; (c) a person not in need of mental health
services. The court shall afford the victim the opportunity to
make a written or oral statement as guaranteed by Article I,
Section 8.1 of the Illinois Constitution and Section 6 of the
Rights of Crime Victims and Witnesses Act. The court shall
allow a victim to make an oral statement if the victim is

present in the courtroom and requests to make an oral
statement. An oral statement includes the victim or a
representative of the victim reading the written statement.
The court may allow persons impacted by the crime who are not
victims under subsection (a) of Section 3 of the Rights of
Crime Victims and Witnesses Act to present an oral or written
statement. A victim and any person making an oral statement
shall not be put under oath or subject to cross-examination.
The court shall consider any statement presented along with
all other appropriate factors in determining the sentence of
the defendant or disposition of the juvenile. All statements
shall become part of the record of the court.
If the defendant is found to be in need of mental health
services on an inpatient care basis, the Court shall order the
defendant to the Department of Human Services. The defendant
shall be placed in a secure setting. Such defendants placed in
a secure setting shall not be permitted outside the facility's
housing unit unless escorted or accompanied by personnel of
the Department of Human Services or with the prior approval of
the Court for unsupervised on-grounds privileges as provided
herein. Any defendant placed in a secure setting pursuant to
this Section, transported to court hearings or other necessary
appointments off facility grounds by personnel of the
Department of Human Services, shall be placed in security
devices or otherwise secured during the period of
transportation to assure secure transport of the defendant and

the safety of Department of Human Services personnel and
others. These security measures shall not constitute restraint
as defined in the Mental Health and Developmental Disabilities
Code. If the defendant is found to be in need of mental health
services, but not on an inpatient care basis, the Court shall
conditionally release the defendant, under such conditions as
set forth in this Section as will reasonably assure the
defendant's satisfactory progress and participation in
treatment or rehabilitation and the safety of the defendant,
the victim, the victim's family members, and others. If the
Court finds the person not in need of mental health services,
then the Court shall order the defendant discharged from
custody.
(a-1) Definitions. For the purposes of this Section:
(A) (Blank).
(B) "In need of mental health services on an inpatient
basis" means: a defendant who has been found not guilty by
reason of insanity but who, due to mental illness, is
reasonably expected to inflict serious physical harm upon
himself or another and who would benefit from inpatient
care or is in need of inpatient care.
(C) "In need of mental health services on an
outpatient basis" means: a defendant who has been found
not guilty by reason of insanity who is not in need of
mental health services on an inpatient basis, but is in
need of outpatient care, drug and/or alcohol

rehabilitation programs, community adjustment programs,
individual, group, or family therapy, or chemotherapy.
(D) "Conditional Release" means: the release from
either the custody of the Department of Human Services or
the custody of the Court of a person who has been found not
guilty by reason of insanity under such conditions as the
Court may impose which reasonably assure the defendant's
satisfactory progress in treatment or habilitation and the
safety of the defendant, the victim, the victim's family,
and others. The Court shall consider such terms and
conditions which may include, but need not be limited to,
outpatient care, alcoholic and drug rehabilitation
programs, community adjustment programs, individual,
group, family, and chemotherapy, random testing to ensure
the defendant's timely and continuous taking of any
medicines prescribed to control or manage his or her
conduct or mental state, and periodic checks with the
legal authorities and/or the Department of Human Services.
The Court may order as a condition of conditional release
that the defendant not contact the victim of the offense
that resulted in the finding or verdict of not guilty by
reason of insanity or any other person. The Court may
order the Department of Human Services to provide care to
any person conditionally released under this Section. The
Department may contract with any public or private agency
in order to discharge any responsibilities imposed under

this Section. The Department shall monitor the provision
of services to persons conditionally released under this
Section and provide periodic reports to the Court
concerning the services and the condition of the
defendant. Whenever a person is conditionally released
pursuant to this Section, the State's Attorney for the
county in which the hearing is held shall designate in
writing the name, telephone number, and address of a
person employed by him or her who shall be notified in the
event that either the reporting agency or the Department
decides that the conditional release of the defendant
should be revoked or modified pursuant to subsection (i)
of this Section. Such conditional release shall be for a
period of five years. However, the defendant, the person
or facility rendering the treatment, therapy, program or
outpatient care, the Department, or the State's Attorney
may petition the Court for an extension of the conditional
release period for an additional 5 years. Upon receipt of
such a petition, the Court shall hold a hearing consistent
with the provisions of paragraph (a), this paragraph
(a-1), and paragraph (f) of this Section, shall determine
whether the defendant should continue to be subject to the
terms of conditional release, and shall enter an order
either extending the defendant's period of conditional
release for an additional 5-year period or discharging the
defendant. Additional 5-year periods of conditional

release may be ordered following a hearing as provided in
this Section. However, in no event shall the defendant's
period of conditional release continue beyond the maximum
period of commitment ordered by the Court pursuant to
paragraph (b) of this Section. These provisions for
extension of conditional release shall only apply to
defendants conditionally released on or after August 8,
2003. However, the extension provisions of Public Act
83-1449 apply only to defendants charged with a forcible
felony.
(E) "Facility director" means the chief officer of a
mental health or developmental disabilities facility or
his or her designee or the supervisor of a program of
treatment or habilitation or his or her designee.
"Designee" may include a physician, clinical psychologist,
social worker, nurse, or clinical professional counselor.
(b) If the Court finds the defendant in need of mental
health services on an inpatient basis, the admission,
detention, care, treatment or habilitation, treatment plans,
review proceedings, including review of treatment and
treatment plans, and discharge of the defendant after such
order shall be under the Mental Health and Developmental
Disabilities Code, except that the initial order for admission
of a defendant acquitted of a felony by reason of insanity
shall be for an indefinite period of time. Such period of
commitment shall not exceed the maximum length of time that

the defendant would have been required to serve, less credit
for good behavior as provided in Section 5-4-1 of the Unified
Code of Corrections, before becoming eligible for release had
he been convicted of and received the maximum sentence for the
most serious crime for which he has been acquitted by reason of
insanity. The Court shall determine the maximum period of
commitment by an appropriate order. During this period of
time, the defendant shall not be permitted to be in the
community in any manner, including, but not limited to,
off-grounds privileges, with or without escort by personnel of
the Department of Human Services, unsupervised on-grounds
privileges, discharge or conditional or temporary release,
except by a plan as provided in this Section. In no event shall
a defendant's continued unauthorized absence be a basis for
discharge. Not more than 30 days after admission and every 90
days thereafter so long as the initial order remains in
effect, the facility director shall file a treatment plan
report in writing with the court and forward a copy of the
treatment plan report to the clerk of the court, the State's
Attorney, and the defendant's attorney, if the defendant is
represented by counsel, or to a person authorized by the
defendant under the Mental Health and Developmental
Disabilities Confidentiality Act to be sent a copy of the
report. The report shall include an opinion as to whether the
defendant is currently in need of mental health services on an
inpatient basis or in need of mental health services on an

outpatient basis. The report shall also summarize the basis
for those findings and provide a current summary of the
following items from the treatment plan: (1) an assessment of
the defendant's treatment needs, (2) a description of the
services recommended for treatment, (3) the goals of each type
of element of service, (4) an anticipated timetable for the
accomplishment of the goals, and (5) a designation of the
qualified professional responsible for the implementation of
the plan. The report may also include unsupervised on-grounds
privileges, off-grounds privileges (with or without escort by
personnel of the Department of Human Services), home visits
and participation in work programs, but only where such
privileges have been approved by specific court order, which
order may include such conditions on the defendant as the
Court may deem appropriate and necessary to reasonably assure
the defendant's satisfactory progress in treatment and the
safety of the defendant and others.
(c) Every defendant acquitted of a felony by reason of
insanity and subsequently found to be in need of mental health
services shall be represented by counsel in all proceedings
under this Section and under the Mental Health and
Developmental Disabilities Code.
(1) The Court shall appoint as counsel the public
defender or an attorney licensed by this State.
(2) Upon filing with the Court of a verified statement
of legal services rendered by the private attorney

appointed pursuant to paragraph (1) of this subsection,
the Court shall determine a reasonable fee for such
services. If the defendant is unable to pay the fee, the
Court shall enter an order upon the State to pay the entire
fee or such amount as the defendant is unable to pay from
funds appropriated by the General Assembly for that
purpose.
(d) When the facility director determines that:
(1) the defendant is no longer in need of mental
health services on an inpatient basis; and
(2) the defendant may be conditionally released
because he or she is still in need of mental health
services or that the defendant may be discharged as not in
need of any mental health services; or
(3) (blank);
the facility director shall give written notice to the Court,
State's Attorney and defense attorney. Such notice shall set
forth in detail the basis for the recommendation of the
facility director, and specify clearly the recommendations, if
any, of the facility director, concerning conditional release.
Any recommendation for conditional release shall include an
evaluation of the defendant's need for psychotropic
medication, what provisions should be made, if any, to ensure
that the defendant will continue to receive psychotropic
medication following discharge, and what provisions should be
made to assure the safety of the defendant and others in the

event the defendant is no longer receiving psychotropic
medication. Within 30 days of the notification by the facility
director, the Court shall set a hearing and make a finding as
to whether the defendant is:
(i) (blank); or
(ii) in need of mental health services in the form of
inpatient care; or
(iii) in need of mental health services but not
subject to inpatient care; or
(iv) no longer in need of mental health services; or
(v) (blank).
A crime victim shall be allowed to present an oral and
written statement. The court shall allow a victim to make an
oral statement if the victim is present in the courtroom and
requests to make an oral statement. An oral statement includes
the victim or a representative of the victim reading the
written statement. A victim and any person making an oral
statement shall not be put under oath or subject to
cross-examination. All statements shall become part of the
record of the court.
Upon finding by the Court, the Court shall enter its
findings and such appropriate order as provided in subsections
(a) and (a-1) of this Section.
(e) A defendant admitted pursuant to this Section, or any
person on his behalf, may file a petition for treatment plan
review or discharge or conditional release under the standards

of this Section in the Court which rendered the verdict. Upon
receipt of a petition for treatment plan review or discharge
or conditional release, the Court shall set a hearing to be
held within 120 days. Thereafter, no new petition may be filed
for 180 days without leave of the Court.
(f) The Court shall direct that notice of the time and
place of the hearing be served upon the defendant, the
facility director, the State's Attorney, and the defendant's
attorney. If requested by either the State or the defense or if
the Court feels it is appropriate, an impartial examination of
the defendant by a psychiatrist or clinical psychologist as
defined in Section 1-103 of the Mental Health and
Developmental Disabilities Code who is not in the employ of
the Department of Human Services shall be ordered, and the
report considered at the time of the hearing.
(g) The findings of the Court shall be established by
clear and convincing evidence. The burden of proof and the
burden of going forth with the evidence rest with the
defendant or any person on the defendant's behalf when a
hearing is held to review a petition filed by or on behalf of
the defendant. The evidence shall be presented in open Court
with the right of confrontation and cross-examination. Such
evidence may include, but is not limited to:
(1) whether the defendant appreciates the harm caused
by the defendant to others and the community by his or her
prior conduct that resulted in the finding of not guilty

by reason of insanity;
(2) Whether the person appreciates the criminality of
conduct similar to the conduct for which he or she was
originally charged in this matter;
(3) the current state of the defendant's illness;
(4) what, if any, medications the defendant is taking
to control his or her mental illness;
(5) what, if any, adverse physical side effects the
medication has on the defendant;
(6) the length of time it would take for the
defendant's mental health to deteriorate if the defendant
stopped taking prescribed medication;
(7) the defendant's history or potential for alcohol
and drug abuse;
(8) the defendant's past criminal history;
(9) any specialized physical or medical needs of the
defendant;
(10) any family participation or involvement expected
upon release and what is the willingness and ability of
the family to participate or be involved;
(11) the defendant's potential to be a danger to
himself, herself, or others;
(11.5) a written or oral statement made by the victim;
and
(12) any other factor or factors the Court deems
appropriate.

(h) Before the court orders that the defendant be
discharged or conditionally released, it shall order the
facility director to establish a discharge plan that includes
a plan for the defendant's shelter, support, and medication.
If appropriate, the court shall order that the facility
director establish a program to train the defendant in
self-medication under standards established by the Department
of Human Services. If the Court finds, consistent with the
provisions of this Section, that the defendant is no longer in
need of mental health services it shall order the facility
director to discharge the defendant. If the Court finds,
consistent with the provisions of this Section, that the
defendant is in need of mental health services, and no longer
in need of inpatient care, it shall order the facility
director to release the defendant under such conditions as the
Court deems appropriate and as provided by this Section. Such
conditional release shall be imposed for a period of 5 years as
provided in paragraph (D) of subsection (a-1) and shall be
subject to later modification by the Court as provided by this
Section. If the Court finds consistent with the provisions in
this Section that the defendant is in need of mental health
services on an inpatient basis, it shall order the facility
director not to discharge or release the defendant in
accordance with paragraph (b) of this Section.
(i) If within the period of the defendant's conditional
release the State's Attorney determines that the defendant has

not fulfilled the conditions of his or her release, the
State's Attorney may petition the Court to revoke or modify
the conditional release of the defendant. Upon the filing of
such petition the defendant may be remanded to the custody of
the Department, or to any other mental health facility
designated by the Department, pending the resolution of the
petition. Nothing in this Section shall prevent the emergency
admission of a defendant pursuant to Article VI of Chapter III
of the Mental Health and Developmental Disabilities Code or
the voluntary admission of the defendant pursuant to Article
IV of Chapter III of the Mental Health and Developmental
Disabilities Code. If the Court determines, after hearing
evidence, that the defendant has not fulfilled the conditions
of release, the Court shall order a hearing to be held
consistent with the provisions of paragraph (f) and (g) of
this Section. At such hearing, if the Court finds that the
defendant is in need of mental health services on an inpatient
basis, it shall enter an order remanding him or her to the
Department of Human Services or other facility. If the
defendant is remanded to the Department of Human Services, he
or she shall be placed in a secure setting unless the Court
determines that there are compelling reasons that such
placement is not necessary. If the Court finds that the
defendant continues to be in need of mental health services
but not on an inpatient basis, it may modify the conditions of
the original release in order to reasonably assure the

defendant's satisfactory progress in treatment and his or her
safety and the safety of others in accordance with the
standards established in paragraph (D) of subsection (a-1).
Nothing in this Section shall limit a Court's contempt powers
or any other powers of a Court.
(j) An order of admission under this Section does not
affect the remedy of habeas corpus.
(k) In the event of a conflict between this Section and the
Mental Health and Developmental Disabilities Code or the
Mental Health and Developmental Disabilities Confidentiality
Act, the provisions of this Section shall govern.
(l) Public Act 90-593 shall apply to all persons who have
been found not guilty by reason of insanity and who are
presently committed to the Department of Mental Health and
Developmental Disabilities (now the Department of Human
Services).
(m) The Clerk of the Court shall transmit a certified copy
of the order of discharge or conditional release to the
Department of Human Services, to the sheriff of the county
from which the defendant was admitted, to the Illinois
Department of State Police, to the proper law enforcement
agency for the municipality where the offense took place, and
to the sheriff of the county into which the defendant is
conditionally discharged. The Illinois Department of State
Police shall maintain a centralized record of discharged or
conditionally released defendants while they are under court

supervision for access and use of appropriate law enforcement
agencies.
(n) The provisions in this Section which allow allows a
crime victim to make a written and oral statement do not apply
if the defendant was under 18 years of age at the time the
offense was committed.
(o) If any provision of this Section or its application to
any person or circumstance is held invalid, the invalidity of
that provision does not affect any other provision or
application of this Section that can be given effect without
the invalid provision or application.
(Source: P.A. 100-27, eff. 1-1-18; 100-424, eff. 1-1-18;
100-863, eff. 8-14-18; 100-961, eff. 1-1-19; 101-81, eff.
7-12-19; revised 9-24-19.)
(730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
Sec. 5-3-2. Presentence report.
(a) In felony cases, the presentence report shall set
forth:
(1) the defendant's history of delinquency or
criminality, physical and mental history and condition,
family situation and background, economic status,
education, occupation and personal habits;
(2) information about special resources within the
community which might be available to assist the
defendant's rehabilitation, including treatment centers,

residential facilities, vocational training services,
correctional manpower programs, employment opportunities,
special educational programs, alcohol and drug abuse
programming, psychiatric and marriage counseling, and
other programs and facilities which could aid the
defendant's successful reintegration into society;
(3) the effect the offense committed has had upon the
victim or victims thereof, and any compensatory benefit
that various sentencing alternatives would confer on such
victim or victims;
(3.5) information provided by the victim's spouse,
guardian, parent, grandparent, and other immediate family
and household members about the effect the offense
committed has had on the victim and on the person
providing the information; if the victim's spouse,
guardian, parent, grandparent, or other immediate family
or household member has provided a written statement, the
statement shall be attached to the report;
(4) information concerning the defendant's status
since arrest, including his record if released on his own
recognizance, or the defendant's achievement record if
released on a conditional pre-trial supervision program;
(5) when appropriate, a plan, based upon the personal,
economic and social adjustment needs of the defendant,
utilizing public and private community resources as an
alternative to institutional sentencing;

(6) any other matters that the investigatory officer
deems relevant or the court directs to be included;
(7) information concerning the defendant's eligibility
for a sentence to a county impact incarceration program
under Section 5-8-1.2 of this Code; and
(8) information concerning the defendant's eligibility
for a sentence to an impact incarceration program
administered by the Department under Section 5-8-1.1.
(b) The investigation shall include a physical and mental
examination of the defendant when so ordered by the court. If
the court determines that such an examination should be made,
it shall issue an order that the defendant submit to
examination at such time and place as designated by the court
and that such examination be conducted by a physician,
psychologist or psychiatrist designated by the court. Such an
examination may be conducted in a court clinic if so ordered by
the court. The cost of such examination shall be paid by the
county in which the trial is held.
(b-5) In cases involving felony sex offenses in which the
offender is being considered for probation only or any felony
offense that is sexually motivated as defined in the Sex
Offender Management Board Act in which the offender is being
considered for probation only, the investigation shall include
a sex offender evaluation by an evaluator approved by the
Board and conducted in conformance with the standards
developed under the Sex Offender Management Board Act. In

cases in which the offender is being considered for any
mandatory prison sentence, the investigation shall not include
a sex offender evaluation.
(c) In misdemeanor, business offense or petty offense
cases, except as specified in subsection (d) of this Section,
when a presentence report has been ordered by the court, such
presentence report shall contain information on the
defendant's history of delinquency or criminality and shall
further contain only those matters listed in any of paragraphs
(1) through (6) of subsection (a) or in subsection (b) of this
Section as are specified by the court in its order for the
report.
(d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or
12-30 of the Criminal Code of 1961 or the Criminal Code of
2012, the presentence report shall set forth information about
alcohol, drug abuse, psychiatric, and marriage counseling or
other treatment programs and facilities, information on the
defendant's history of delinquency or criminality, and shall
contain those additional matters listed in any of paragraphs
(1) through (6) of subsection (a) or in subsection (b) of this
Section as are specified by the court.
(e) Nothing in this Section shall cause the defendant to
be held without bail or to have his bail revoked for the
purpose of preparing the presentence report or making an
examination.
(Source: P.A. 101-105, eff. 1-1-20; revised 9-24-19.)

(730 ILCS 5/5-5-3.2)
Sec. 5-5-3.2. Factors in aggravation and extended-term
sentencing.
(a) The following factors shall be accorded weight in
favor of imposing a term of imprisonment or may be considered
by the court as reasons to impose a more severe sentence under
Section 5-8-1 or Article 4.5 of Chapter V:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for committing
the offense;
(3) the defendant has a history of prior delinquency
or criminal activity;
(4) the defendant, by the duties of his office or by
his position, was obliged to prevent the particular
offense committed or to bring the offenders committing it
to justice;
(5) the defendant held public office at the time of
the offense, and the offense related to the conduct of
that office;
(6) the defendant utilized his professional reputation
or position in the community to commit the offense, or to
afford him an easier means of committing it;
(7) the sentence is necessary to deter others from
committing the same crime;

(8) the defendant committed the offense against a
person 60 years of age or older or such person's property;
(9) the defendant committed the offense against a
person who has a physical disability or such person's
property;
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual;
(ii) the person or property of a person who has an
association with, is married to, or has a friendship with
the other individual; or (iii) the person or property of a
relative (by blood or marriage) of a person described in
clause (i) or (ii). For the purposes of this Section,
"sexual orientation" has the meaning ascribed to it in
paragraph (O-1) of Section 1-103 of the Illinois Human
Rights Act;
(11) the offense took place in a place of worship or on
the grounds of a place of worship, immediately prior to,
during or immediately following worship services. For
purposes of this subparagraph, "place of worship" shall
mean any church, synagogue or other building, structure or
place used primarily for religious worship;
(12) the defendant was convicted of a felony committed
while he was released on bail or his own recognizance

pending trial for a prior felony and was convicted of such
prior felony, or the defendant was convicted of a felony
committed while he was serving a period of probation,
conditional discharge, or mandatory supervised release
under subsection (d) of Section 5-8-1 for a prior felony;
(13) the defendant committed or attempted to commit a
felony while he was wearing a bulletproof vest. For the
purposes of this paragraph (13), a bulletproof vest is any
device which is designed for the purpose of protecting the
wearer from bullets, shot or other lethal projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 11-0.1 of the Criminal Code of 2012,
teacher, scout leader, baby sitter, or day care worker, in
relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
or 12-16 of the Criminal Code of 1961 or the Criminal Code
of 2012 against that victim;
(15) the defendant committed an offense related to the
activities of an organized gang. For the purposes of this
factor, "organized gang" has the meaning ascribed to it in
Section 10 of the Streetgang Terrorism Omnibus Prevention

Act;
(16) the defendant committed an offense in violation
of one of the following Sections while in a school,
regardless of the time of day or time of year; on any
conveyance owned, leased, or contracted by a school to
transport students to or from school or a school related
activity; on the real property of a school; or on a public
way within 1,000 feet of the real property comprising any
school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
for subdivision (a)(4) or (g)(1), of the Criminal Code of
1961 or the Criminal Code of 2012;
(16.5) the defendant committed an offense in violation
of one of the following Sections while in a day care
center, regardless of the time of day or time of year; on
the real property of a day care center, regardless of the
time of day or time of year; or on a public way within
1,000 feet of the real property comprising any day care
center, regardless of the time of day or time of year:
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,

18-2, or 33A-2, or Section 12-3.05 except for subdivision
(a)(4) or (g)(1), of the Criminal Code of 1961 or the
Criminal Code of 2012;
(17) the defendant committed the offense by reason of
any person's activity as a community policing volunteer or
to prevent any person from engaging in activity as a
community policing volunteer. For the purpose of this
Section, "community policing volunteer" has the meaning
ascribed to it in Section 2-3.5 of the Criminal Code of
2012;
(18) the defendant committed the offense in a nursing
home or on the real property comprising a nursing home.
For the purposes of this paragraph (18), "nursing home"
means a skilled nursing or intermediate long term care
facility that is subject to license by the Illinois
Department of Public Health under the Nursing Home Care
Act, the Specialized Mental Health Rehabilitation Act of
2013, the ID/DD Community Care Act, or the MC/DD Act;
(19) the defendant was a federally licensed firearm
dealer and was previously convicted of a violation of
subsection (a) of Section 3 of the Firearm Owners
Identification Card Act and has now committed either a
felony violation of the Firearm Owners Identification Card
Act or an act of armed violence while armed with a firearm;
(20) the defendant (i) committed the offense of
reckless homicide under Section 9-3 of the Criminal Code

of 1961 or the Criminal Code of 2012 or the offense of
driving under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds or any
combination thereof under Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance
and (ii) was operating a motor vehicle in excess of 20
miles per hour over the posted speed limit as provided in
Article VI of Chapter 11 of the Illinois Vehicle Code;
(21) the defendant (i) committed the offense of
reckless driving or aggravated reckless driving under
Section 11-503 of the Illinois Vehicle Code and (ii) was
operating a motor vehicle in excess of 20 miles per hour
over the posted speed limit as provided in Article VI of
Chapter 11 of the Illinois Vehicle Code;
(22) the defendant committed the offense against a
person that the defendant knew, or reasonably should have
known, was a member of the Armed Forces of the United
States serving on active duty. For purposes of this clause
(22), the term "Armed Forces" means any of the Armed
Forces of the United States, including a member of any
reserve component thereof or National Guard unit called to
active duty;
(23) the defendant committed the offense against a
person who was elderly or infirm or who was a person with a
disability by taking advantage of a family or fiduciary
relationship with the elderly or infirm person or person

with a disability;
(24) the defendant committed any offense under Section
11-20.1 of the Criminal Code of 1961 or the Criminal Code
of 2012 and possessed 100 or more images;
(25) the defendant committed the offense while the
defendant or the victim was in a train, bus, or other
vehicle used for public transportation;
(26) the defendant committed the offense of child
pornography or aggravated child pornography, specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.1 of the Criminal Code of
1961 or the Criminal Code of 2012 where a child engaged in,
solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context
and specifically including paragraph (1), (2), (3), (4),
(5), or (7) of subsection (a) of Section 11-20.1B or
Section 11-20.3 of the Criminal Code of 1961 where a child
engaged in, solicited for, depicted in, or posed in any
act of sexual penetration or bound, fettered, or subject
to sadistic, masochistic, or sadomasochistic abuse in a
sexual context;
(27) the defendant committed the offense of first
degree murder, assault, aggravated assault, battery,
aggravated battery, robbery, armed robbery, or aggravated
robbery against a person who was a veteran and the

defendant knew, or reasonably should have known, that the
person was a veteran performing duties as a representative
of a veterans' organization. For the purposes of this
paragraph (27), "veteran" means an Illinois resident who
has served as a member of the United States Armed Forces, a
member of the Illinois National Guard, or a member of the
United States Reserve Forces; and "veterans' organization"
means an organization comprised of members of which
substantially all are individuals who are veterans or
spouses, widows, or widowers of veterans, the primary
purpose of which is to promote the welfare of its members
and to provide assistance to the general public in such a
way as to confer a public benefit;
(28) the defendant committed the offense of assault,
aggravated assault, battery, aggravated battery, robbery,
armed robbery, or aggravated robbery against a person that
the defendant knew or reasonably should have known was a
letter carrier or postal worker while that person was
performing his or her duties delivering mail for the
United States Postal Service;
(29) the defendant committed the offense of criminal
sexual assault, aggravated criminal sexual assault,
criminal sexual abuse, or aggravated criminal sexual abuse
against a victim with an intellectual disability, and the
defendant holds a position of trust, authority, or
supervision in relation to the victim;

(30) the defendant committed the offense of promoting
juvenile prostitution, patronizing a prostitute, or
patronizing a minor engaged in prostitution and at the
time of the commission of the offense knew that the
prostitute or minor engaged in prostitution was in the
custody or guardianship of the Department of Children and
Family Services;
(31) the defendant (i) committed the offense of
driving while under the influence of alcohol, other drug
or drugs, intoxicating compound or compounds or any
combination thereof in violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance and (ii) the defendant during the commission of
the offense was driving his or her vehicle upon a roadway
designated for one-way traffic in the opposite direction
of the direction indicated by official traffic control
devices; or
(32) the defendant committed the offense of reckless
homicide while committing a violation of Section 11-907 of
the Illinois Vehicle Code; .
(33) (32) the defendant was found guilty of an
administrative infraction related to an act or acts of
public indecency or sexual misconduct in the penal
institution. In this paragraph (33) (32), "penal
institution" has the same meaning as in Section 2-14 of
the Criminal Code of 2012; or .

(34) (32) the defendant committed the offense of
leaving the scene of an accident in violation of
subsection (b) of Section 11-401 of the Illinois Vehicle
Code and the accident resulted in the death of a person and
at the time of the offense, the defendant was: (i) driving
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds or any combination
thereof as defined by Section 11-501 of the Illinois
Vehicle Code; or (ii) operating the motor vehicle while
using an electronic communication device as defined in
Section 12-610.2 of the Illinois Vehicle Code.
For the purposes of this Section:
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.
"Day care center" means a public or private State
certified and licensed day care center as defined in Section
2.09 of the Child Care Act of 1969 that displays a sign in
plain view stating that the property is a day care center.
"Intellectual disability" means significantly subaverage
intellectual functioning which exists concurrently with
impairment in adaptive behavior.
"Public transportation" means the transportation or
conveyance of persons by means available to the general
public, and includes paratransit services.
"Traffic control devices" means all signs, signals,
markings, and devices that conform to the Illinois Manual on

Uniform Traffic Control Devices, placed or erected by
authority of a public body or official having jurisdiction,
for the purpose of regulating, warning, or guiding traffic.
(b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term
sentence under Section 5-8-2 upon any offender:
(1) When a defendant is convicted of any felony, after
having been previously convicted in Illinois or any other
jurisdiction of the same or similar class felony or
greater class felony, when such conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and such charges are separately
brought and tried and arise out of different series of
acts; or
(2) When a defendant is convicted of any felony and
the court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or
(3) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time of
the offense or such person's property;
(ii) a person 60 years of age or older at the time
of the offense or such person's property; or
(iii) a person who had a physical disability at
the time of the offense or such person's property; or

(4) When a defendant is convicted of any felony and
the offense involved any of the following types of
specific misconduct committed as part of a ceremony, rite,
initiation, observance, performance, practice or activity
of any actual or ostensible religious, fraternal, or
social group:
(i) the brutalizing or torturing of humans or
animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
fraternal, business, governmental, educational, or
other building or property; or
(v) ritualized abuse of a child; or
(5) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of management
or leadership, and the court further finds that the felony
committed was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the
defendant's leadership in an organized gang; or
(6) When a defendant is convicted of an offense
committed while using a firearm with a laser sight

attached to it. For purposes of this paragraph, "laser
sight" has the meaning ascribed to it in Section 26-7 of
the Criminal Code of 2012; or
(7) When a defendant who was at least 17 years of age
at the time of the commission of the offense is convicted
of a felony and has been previously adjudicated a
delinquent minor under the Juvenile Court Act of 1987 for
an act that if committed by an adult would be a Class X or
Class 1 felony when the conviction has occurred within 10
years after the previous adjudication, excluding time
spent in custody; or
(8) When a defendant commits any felony and the
defendant used, possessed, exercised control over, or
otherwise directed an animal to assault a law enforcement
officer engaged in the execution of his or her official
duties or in furtherance of the criminal activities of an
organized gang in which the defendant is engaged; or
(9) When a defendant commits any felony and the
defendant knowingly video or audio records the offense
with the intent to disseminate the recording.
(c) The following factors may be considered by the court
as reasons to impose an extended term sentence under Section
5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
offenses:
(1) When a defendant is convicted of first degree
murder, after having been previously convicted in Illinois

of any offense listed under paragraph (c)(2) of Section
5-5-3 (730 ILCS 5/5-5-3), when that conviction has
occurred within 10 years after the previous conviction,
excluding time spent in custody, and the charges are
separately brought and tried and arise out of different
series of acts.
(1.5) When a defendant is convicted of first degree
murder, after having been previously convicted of domestic
battery (720 ILCS 5/12-3.2) or aggravated domestic battery
(720 ILCS 5/12-3.3) committed on the same victim or after
having been previously convicted of violation of an order
of protection (720 ILCS 5/12-30) in which the same victim
was the protected person.
(2) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter, or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual.
(3) When a defendant is convicted of aggravated
criminal sexual assault or criminal sexual assault, when
there is a finding that aggravated criminal sexual assault
or criminal sexual assault was also committed on the same
victim by one or more other individuals, and the defendant
voluntarily participated in the crime with the knowledge
of the participation of the others in the crime, and the
commission of the crime was part of a single course of

conduct during which there was no substantial change in
the nature of the criminal objective.
(4) If the victim was under 18 years of age at the time
of the commission of the offense, when a defendant is
convicted of aggravated criminal sexual assault or
predatory criminal sexual assault of a child under
subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
of Section 12-14.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
(5) When a defendant is convicted of a felony
violation of Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
finding that the defendant is a member of an organized
gang.
(6) When a defendant was convicted of unlawful use of
weapons under Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
a weapon that is not readily distinguishable as one of the
weapons enumerated in Section 24-1 of the Criminal Code of
1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
(7) When a defendant is convicted of an offense
involving the illegal manufacture of a controlled
substance under Section 401 of the Illinois Controlled
Substances Act (720 ILCS 570/401), the illegal manufacture
of methamphetamine under Section 25 of the Methamphetamine
Control and Community Protection Act (720 ILCS 646/25), or

the illegal possession of explosives and an emergency
response officer in the performance of his or her duties
is killed or injured at the scene of the offense while
responding to the emergency caused by the commission of
the offense. In this paragraph, "emergency" means a
situation in which a person's life, health, or safety is
in jeopardy; and "emergency response officer" means a
peace officer, community policing volunteer, fireman,
emergency medical technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, other medical
assistance or first aid personnel, or hospital emergency
room personnel.
(8) When the defendant is convicted of attempted mob
action, solicitation to commit mob action, or conspiracy
to commit mob action under Section 8-1, 8-2, or 8-4 of the
Criminal Code of 2012, where the criminal object is a
violation of Section 25-1 of the Criminal Code of 2012,
and an electronic communication is used in the commission
of the offense. For the purposes of this paragraph (8),
"electronic communication" shall have the meaning provided
in Section 26.5-0.1 of the Criminal Code of 2012.
(d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(e) The court may impose an extended term sentence under

Article 4.5 of Chapter V upon an offender who has been
convicted of a felony violation of Section 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
when the victim of the offense is under 18 years of age at the
time of the commission of the offense and, during the
commission of the offense, the victim was under the influence
of alcohol, regardless of whether or not the alcohol was
supplied by the offender; and the offender, at the time of the
commission of the offense, knew or should have known that the
victim had consumed alcohol.
(Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20;
101-401, eff. 1-1-20; 101-417, eff. 1-1-20; revised 9-18-19.)
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
Sec. 5-6-3. Conditions of probation and of conditional
discharge.
(a) The conditions of probation and of conditional
discharge shall be that the person:
(1) not violate any criminal statute of any
jurisdiction;
(2) report to or appear in person before such person
or agency as directed by the court;
(3) refrain from possessing a firearm or other
dangerous weapon where the offense is a felony or, if a
misdemeanor, the offense involved the intentional or

knowing infliction of bodily harm or threat of bodily
harm;
(4) not leave the State without the consent of the
court or, in circumstances in which the reason for the
absence is of such an emergency nature that prior consent
by the court is not possible, without the prior
notification and approval of the person's probation
officer. Transfer of a person's probation or conditional
discharge supervision to another state is subject to
acceptance by the other state pursuant to the Interstate
Compact for Adult Offender Supervision;
(5) permit the probation officer to visit him at his
home or elsewhere to the extent necessary to discharge his
duties;
(6) perform no less than 30 hours of community service
and not more than 120 hours of community service, if
community service is available in the jurisdiction and is
funded and approved by the county board where the offense
was committed, where the offense was related to or in
furtherance of the criminal activities of an organized
gang and was motivated by the offender's membership in or
allegiance to an organized gang. The community service
shall include, but not be limited to, the cleanup and
repair of any damage caused by a violation of Section
21-1.3 of the Criminal Code of 1961 or the Criminal Code of
2012 and similar damage to property located within the

municipality or county in which the violation occurred.
When possible and reasonable, the community service should
be performed in the offender's neighborhood. For purposes
of this Section, "organized gang" has the meaning ascribed
to it in Section 10 of the Illinois Streetgang Terrorism
Omnibus Prevention Act. The court may give credit toward
the fulfillment of community service hours for
participation in activities and treatment as determined by
court services;
(7) if he or she is at least 17 years of age and has
been sentenced to probation or conditional discharge for a
misdemeanor or felony in a county of 3,000,000 or more
inhabitants and has not been previously convicted of a
misdemeanor or felony, may be required by the sentencing
court to attend educational courses designed to prepare
the defendant for a high school diploma and to work toward
a high school diploma or to work toward passing high
school equivalency testing or to work toward completing a
vocational training program approved by the court. The
person on probation or conditional discharge must attend a
public institution of education to obtain the educational
or vocational training required by this paragraph (7). The
court shall revoke the probation or conditional discharge
of a person who wilfully fails to comply with this
paragraph (7). The person on probation or conditional
discharge shall be required to pay for the cost of the

educational courses or high school equivalency testing if
a fee is charged for those courses or testing. The court
shall resentence the offender whose probation or
conditional discharge has been revoked as provided in
Section 5-6-4. This paragraph (7) does not apply to a
person who has a high school diploma or has successfully
passed high school equivalency testing. This paragraph (7)
does not apply to a person who is determined by the court
to be a person with a developmental disability or
otherwise mentally incapable of completing the educational
or vocational program;
(8) if convicted of possession of a substance
prohibited by the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act after a previous conviction
or disposition of supervision for possession of a
substance prohibited by the Cannabis Control Act or
Illinois Controlled Substances Act or after a sentence of
probation under Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act, or
Section 70 of the Methamphetamine Control and Community
Protection Act and upon a finding by the court that the
person is addicted, undergo treatment at a substance abuse
program approved by the court;
(8.5) if convicted of a felony sex offense as defined
in the Sex Offender Management Board Act, the person shall

undergo and successfully complete sex offender treatment
by a treatment provider approved by the Board and
conducted in conformance with the standards developed
under the Sex Offender Management Board Act;
(8.6) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, refrain from residing
at the same address or in the same condominium unit or
apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has
been placed on supervision for a sex offense; the
provisions of this paragraph do not apply to a person
convicted of a sex offense who is placed in a Department of
Corrections licensed transitional housing facility for sex
offenders;
(8.7) if convicted for an offense committed on or
after June 1, 2008 (the effective date of Public Act
95-464) that would qualify the accused as a child sex
offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 or the Criminal Code of 2012,
refrain from communicating with or contacting, by means of
the Internet, a person who is not related to the accused
and whom the accused reasonably believes to be under 18
years of age; for purposes of this paragraph (8.7),
"Internet" has the meaning ascribed to it in Section
16-0.1 of the Criminal Code of 2012; and a person is not

related to the accused if the person is not: (i) the
spouse, brother, or sister of the accused; (ii) a
descendant of the accused; (iii) a first or second cousin
of the accused; or (iv) a step-child or adopted child of
the accused;
(8.8) if convicted for an offense under Section 11-6,
11-9.1, 11-14.4 that involves soliciting for a juvenile
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
of the Criminal Code of 1961 or the Criminal Code of 2012,
or any attempt to commit any of these offenses, committed
on or after June 1, 2009 (the effective date of Public Act
95-983):
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the offender's probation officer,
except in connection with the offender's employment or
search for employment with the prior approval of the
offender's probation officer;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's probation
officer, a law enforcement officer, or assigned
computer or information technology specialist,
including the retrieval and copying of all data from
the computer or device and any internal or external
peripherals and removal of such information,

equipment, or device to conduct a more thorough
inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or
software systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the offender's probation officer;
(8.9) if convicted of a sex offense as defined in the
Sex Offender Registration Act committed on or after
January 1, 2010 (the effective date of Public Act 96-262),
refrain from accessing or using a social networking
website as defined in Section 17-0.5 of the Criminal Code
of 2012;
(9) if convicted of a felony or of any misdemeanor
violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
12-3.5 of the Criminal Code of 1961 or the Criminal Code of
2012 that was determined, pursuant to Section 112A-11.1 of
the Code of Criminal Procedure of 1963, to trigger the
prohibitions of 18 U.S.C. 922(g)(9), physically surrender
at a time and place designated by the court, his or her
Firearm Owner's Identification Card and any and all
firearms in his or her possession. The Court shall return
to the Department of State Police Firearm Owner's

Identification Card Office the person's Firearm Owner's
Identification Card;
(10) if convicted of a sex offense as defined in
subsection (a-5) of Section 3-1-2 of this Code, unless the
offender is a parent or guardian of the person under 18
years of age present in the home and no non-familial
minors are present, not participate in a holiday event
involving children under 18 years of age, such as
distributing candy or other items to children on
Halloween, wearing a Santa Claus costume on or preceding
Christmas, being employed as a department store Santa
Claus, or wearing an Easter Bunny costume on or preceding
Easter;
(11) if convicted of a sex offense as defined in
Section 2 of the Sex Offender Registration Act committed
on or after January 1, 2010 (the effective date of Public
Act 96-362) that requires the person to register as a sex
offender under that Act, may not knowingly use any
computer scrub software on any computer that the sex
offender uses;
(12) if convicted of a violation of the
Methamphetamine Control and Community Protection Act, the
Methamphetamine Precursor Control Act, or a
methamphetamine related offense:
(A) prohibited from purchasing, possessing, or
having under his or her control any product containing

pseudoephedrine unless prescribed by a physician; and
(B) prohibited from purchasing, possessing, or
having under his or her control any product containing
ammonium nitrate; and
(13) if convicted of a hate crime involving the
protected class identified in subsection (a) of Section
12-7.1 of the Criminal Code of 2012 that gave rise to the
offense the offender committed, perform public or
community service of no less than 200 hours and enroll in
an educational program discouraging hate crimes that
includes racial, ethnic, and cultural sensitivity training
ordered by the court.
(b) The Court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the Court require that
the person:
(1) serve a term of periodic imprisonment under
Article 7 for a period not to exceed that specified in
paragraph (d) of Section 5-7-1;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the

instruction or residence of defendants on probation;
(6) support his dependents;
(7) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home;
(v) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was
committed if he or she is convicted of a crime of
violence as defined in Section 2 of the Crime Victims
Compensation Act committed in a school, on the real
property comprising a school, or within 1,000 feet of
the real property comprising a school;
(8) make restitution as provided in Section 5-5-6 of
this Code;
(9) perform some reasonable public or community
service;
(10) serve a term of home confinement. In addition to
any other applicable condition of probation or conditional
discharge, the conditions of home confinement shall be
that the offender:
(i) remain within the interior premises of the
place designated for his confinement during the hours

designated by the court;
(ii) admit any person or agent designated by the
court into the offender's place of confinement at any
time for purposes of verifying the offender's
compliance with the conditions of his confinement; and
(iii) if further deemed necessary by the court or
the Probation or Court Services Department, be placed
on an approved electronic monitoring device, subject
to Article 8A of Chapter V;
(iv) for persons convicted of any alcohol,
cannabis or controlled substance violation who are
placed on an approved monitoring device as a condition
of probation or conditional discharge, the court shall
impose a reasonable fee for each day of the use of the
device, as established by the county board in
subsection (g) of this Section, unless after
determining the inability of the offender to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. This fee shall be imposed in addition to
the fees imposed under subsections (g) and (i) of this
Section. The fee shall be collected by the clerk of the
circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The
clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer for
deposit in the substance abuse services fund under

Section 5-1086.1 of the Counties Code, except as
provided in an administrative order of the Chief Judge
of the circuit court.
The Chief Judge of the circuit court of the county
may by administrative order establish a program for
electronic monitoring of offenders, in which a vendor
supplies and monitors the operation of the electronic
monitoring device, and collects the fees on behalf of
the county. The program shall include provisions for
indigent offenders and the collection of unpaid fees.
The program shall not unduly burden the offender and
shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend
any additional charges or fees for late payment,
interest, or damage to any device; and
(v) for persons convicted of offenses other than
those referenced in clause (iv) above and who are
placed on an approved monitoring device as a condition
of probation or conditional discharge, the court shall
impose a reasonable fee for each day of the use of the
device, as established by the county board in
subsection (g) of this Section, unless after
determining the inability of the defendant to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. This fee shall be imposed in addition to
the fees imposed under subsections (g) and (i) of this

Section. The fee shall be collected by the clerk of the
circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The
clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer who
shall use the monies collected to defray the costs of
corrections. The county treasurer shall deposit the
fee collected in the probation and court services
fund. The Chief Judge of the circuit court of the
county may by administrative order establish a program
for electronic monitoring of offenders, in which a
vendor supplies and monitors the operation of the
electronic monitoring device, and collects the fees on
behalf of the county. The program shall include
provisions for indigent offenders and the collection
of unpaid fees. The program shall not unduly burden
the offender and shall be subject to review by the
Chief Judge.
The Chief Judge of the circuit court may suspend
any additional charges or fees for late payment,
interest, or damage to any device.
(11) comply with the terms and conditions of an order
of protection issued by the court pursuant to the Illinois
Domestic Violence Act of 1986, as now or hereafter
amended, or an order of protection issued by the court of
another state, tribe, or United States territory. A copy

of the order of protection shall be transmitted to the
probation officer or agency having responsibility for the
case;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council
Act for any reasonable expenses incurred by the program on
the offender's case, not to exceed the maximum amount of
the fine authorized for the offense for which the
defendant was sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, (i) to a
"local anti-crime program", as defined in Section 7 of the
Anti-Crime Advisory Council Act, or (ii) for offenses
under the jurisdiction of the Department of Natural
Resources, to the fund established by the Department of
Natural Resources for the purchase of evidence for
investigation purposes and to conduct investigations as
outlined in Section 805-105 of the Department of Natural
Resources (Conservation) Law;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer, if the defendant has been placed on

probation or advance approval by the court, if the
defendant was placed on conditional discharge;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or
the Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug;
(17) if convicted for an offense committed on or after
June 1, 2008 (the effective date of Public Act 95-464)
that would qualify the accused as a child sex offender as
defined in Section 11-9.3 or 11-9.4 of the Criminal Code
of 1961 or the Criminal Code of 2012, refrain from
communicating with or contacting, by means of the
Internet, a person who is related to the accused and whom
the accused reasonably believes to be under 18 years of
age; for purposes of this paragraph (17), "Internet" has
the meaning ascribed to it in Section 16-0.1 of the
Criminal Code of 2012; and a person is related to the
accused if the person is: (i) the spouse, brother, or
sister of the accused; (ii) a descendant of the accused;

(iii) a first or second cousin of the accused; or (iv) a
step-child or adopted child of the accused;
(18) if convicted for an offense committed on or after
June 1, 2009 (the effective date of Public Act 95-983)
that would qualify as a sex offense as defined in the Sex
Offender Registration Act:
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the offender's probation officer,
except in connection with the offender's employment or
search for employment with the prior approval of the
offender's probation officer;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's probation
officer, a law enforcement officer, or assigned
computer or information technology specialist,
including the retrieval and copying of all data from
the computer or device and any internal or external
peripherals and removal of such information,
equipment, or device to conduct a more thorough
inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
subject's expense, of one or more hardware or software
systems to monitor the Internet use; and

(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the offender's probation officer; and
(19) refrain from possessing a firearm or other
dangerous weapon where the offense is a misdemeanor that
did not involve the intentional or knowing infliction of
bodily harm or threat of bodily harm.
(c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled
substance violation, refrain from acquiring a driver's license
during the period of probation or conditional discharge. If
such person is in possession of a permit or license, the court
may require that the minor refrain from driving or operating
any motor vehicle during the period of probation or
conditional discharge, except as may be necessary in the
course of the minor's lawful employment.
(d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the
conditions thereof.
(e) Except where the offender has committed a fourth or
subsequent violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code, the court shall not require as a
condition of the sentence of probation or conditional
discharge that the offender be committed to a period of

imprisonment in excess of 6 months. This 6-month limit shall
not include periods of confinement given pursuant to a
sentence of county impact incarceration under Section 5-8-1.2.
Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.
(f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
(g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes
mandatory drug or alcohol testing, or both, or is assigned to
be placed on an approved electronic monitoring device, shall
be ordered to pay all costs incidental to such mandatory drug
or alcohol testing, or both, and all costs incidental to such
approved electronic monitoring in accordance with the
defendant's ability to pay those costs. The county board with
the concurrence of the Chief Judge of the judicial circuit in
which the county is located shall establish reasonable fees
for the cost of maintenance, testing, and incidental expenses
related to the mandatory drug or alcohol testing, or both, and
all costs incidental to approved electronic monitoring,
involved in a successful probation program for the county. The
concurrence of the Chief Judge shall be in the form of an
administrative order. The fees shall be collected by the clerk

of the circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The clerk of the
circuit court shall pay all moneys collected from these fees
to the county treasurer who shall use the moneys collected to
defray the costs of drug testing, alcohol testing, and
electronic monitoring. The county treasurer shall deposit the
fees collected in the county working cash fund under Section
6-27001 or Section 6-29002 of the Counties Code, as the case
may be. The Chief Judge of the circuit court of the county may
by administrative order establish a program for electronic
monitoring of offenders, in which a vendor supplies and
monitors the operation of the electronic monitoring device,
and collects the fees on behalf of the county. The program
shall include provisions for indigent offenders and the
collection of unpaid fees. The program shall not unduly burden
the offender and shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device.
(h) Jurisdiction over an offender may be transferred from
the sentencing court to the court of another circuit with the
concurrence of both courts. Further transfers or retransfers
of jurisdiction are also authorized in the same manner. The
court to which jurisdiction has been transferred shall have
the same powers as the sentencing court. The probation
department within the circuit to which jurisdiction has been

transferred, or which has agreed to provide supervision, may
impose probation fees upon receiving the transferred offender,
as provided in subsection (i). For all transfer cases, as
defined in Section 9b of the Probation and Probation Officers
Act, the probation department from the original sentencing
court shall retain all probation fees collected prior to the
transfer. After the transfer, all probation fees shall be paid
to the probation department within the circuit to which
jurisdiction has been transferred.
(i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge
after January 1, 1992 or to community service under the
supervision of a probation or court services department after
January 1, 2004, as a condition of such probation or
conditional discharge or supervised community service, a fee
of $50 for each month of probation or conditional discharge
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge or supervised
community service to pay the fee, the court assesses a lesser
fee. The court may not impose the fee on a minor who is placed
in the guardianship or custody of the Department of Children
and Family Services under the Juvenile Court Act of 1987 while
the minor is in placement. The fee shall be imposed only upon
an offender who is actively supervised by the probation and
court services department. The fee shall be collected by the

clerk of the circuit court. The clerk of the circuit court
shall pay all monies collected from this fee to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probation Officers
Act.
A circuit court may not impose a probation fee under this
subsection (i) in excess of $25 per month unless the circuit
court has adopted, by administrative order issued by the chief
judge, a standard probation fee guide determining an
offender's ability to pay. Of the amount collected as a
probation fee, up to $5 of that fee collected per month may be
used to provide services to crime victims and their families.
The Court may only waive probation fees based on an
offender's ability to pay. The probation department may
re-evaluate an offender's ability to pay every 6 months, and,
with the approval of the Director of Court Services or the
Chief Probation Officer, adjust the monthly fee amount. An
offender may elect to pay probation fees due in a lump sum. Any
offender that has been assigned to the supervision of a
probation department, or has been transferred either under
subsection (h) of this Section or under any interstate
compact, shall be required to pay probation fees to the
department supervising the offender, based on the offender's
ability to pay.
Public Act 93-970 deletes the $10 increase in the fee
under this subsection that was imposed by Public Act 93-616.

This deletion is intended to control over any other Act of the
93rd General Assembly that retains or incorporates that fee
increase.
(i-5) In addition to the fees imposed under subsection (i)
of this Section, in the case of an offender convicted of a
felony sex offense (as defined in the Sex Offender Management
Board Act) or an offense that the court or probation
department has determined to be sexually motivated (as defined
in the Sex Offender Management Board Act), the court or the
probation department shall assess additional fees to pay for
all costs of treatment, assessment, evaluation for risk and
treatment, and monitoring the offender, based on that
offender's ability to pay those costs either as they occur or
under a payment plan.
(j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under the Criminal
and Traffic Assessment Act.
(k) Any offender who is sentenced to probation or
conditional discharge for a felony sex offense as defined in
the Sex Offender Management Board Act or any offense that the
court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act

shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
(l) The court may order an offender who is sentenced to
probation or conditional discharge for a violation of an order
of protection be placed under electronic surveillance as
provided in Section 5-8A-7 of this Code.
(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;
100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.
1-8-18; 100-987, eff. 7-1-19; revised 7-12-19.)
Section 750. The Open Parole Hearings Act is amended by
changing Section 5 as follows:
(730 ILCS 105/5) (from Ch. 38, par. 1655)
Sec. 5. Definitions. As used in this Act:
(a) "Applicant" means an inmate who is being considered
for parole by the Prisoner Review Board.
(a-1) "Aftercare releasee" means a person released from
the Department of Juvenile Justice on aftercare release
subject to aftercare revocation proceedings.
(b) "Board" means the Prisoner Review Board as established
in Section 3-3-1 of the Unified Code of Corrections.
(c) "Parolee" means a person subject to parole revocation
proceedings.

(d) "Parole hearing" means the formal hearing and
determination of an inmate being considered for release from
incarceration on parole.
(e) "Parole, aftercare release, or mandatory supervised
release revocation hearing" means the formal hearing and
determination of allegations that a parolee, aftercare
releasee, or mandatory supervised releasee has violated the
conditions of his or her release.
(f) "Victim" means a victim or witness of a violent crime
as defined in subsection (a) of Section 3 of the Bill of Rights
of Crime for Victims and Witnesses of Violent Crime Act, or any
person legally related to the victim by blood, marriage,
adoption, or guardianship, or any friend of the victim, or any
concerned citizen.
(g) "Violent crime" means a crime defined in subsection
(c) of Section 3 of the Bill of Rights of Crime for Victims and
Witnesses of Violent Crime Act.
(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17;
revised 9-21-20.)
Section 755. The Private Detention Facility Moratorium Act
is amended by changing Sections 10 and 20 as follows:
(730 ILCS 141/10)
Sec. 10. Definition Definitions. In this Act, : "detention
Detention facility" means any building, facility, or structure

used to detain individuals, not including State work release
centers or juvenile or adult residential treatment facilities.
(Source: P.A. 101-20, eff. 6-21-19; revised 7-23-19.)
(730 ILCS 141/20)
Sec. 20. Exemptions. This Act does not prohibit the State,
a unit of local government, or any sheriff that owns, manages,
or operates a detention facility from contracting with a
private entity or person to provide ancillary services in that
facility, such as, medical services, food service, educational
services, or facility repair and maintenance.
(Source: P.A. 101-20, eff. 6-21-19; revised 7-23-19.)
Section 760. The Illinois Crime Reduction Act of 2009 is
amended by changing Section 10 as follows:
(730 ILCS 190/10)
Sec. 10. Evidence-based programming.
(a) Purpose. Research and practice have identified new
strategies and policies that can result in a significant
reduction in recidivism rates and the successful local
reintegration of offenders. The purpose of this Section is to
ensure that State and local agencies direct their resources to
services and programming that have been demonstrated to be
effective in reducing recidivism and reintegrating offenders
into the locality.

(b) Evidence-based programming in local supervision.
(1) The Parole Division of the Department of
Corrections and the Prisoner Review Board shall adopt
policies, rules, and regulations that, within the first
year of the adoption, validation, and utilization of the
statewide, standardized risk assessment tool described in
this Act, result in at least 25% of supervised individuals
being supervised in accordance with evidence-based
practices; within 3 years of the adoption, validation, and
utilization of the statewide, standardized risk assessment
tool result in at least 50% of supervised individuals
being supervised in accordance with evidence-based
practices; and within 5 years of the adoption, validation,
and utilization of the statewide, standardized risk
assessment tool result in at least 75% of supervised
individuals being supervised in accordance with
evidence-based practices. The policies, rules, and
regulations shall:
(A) Provide for a standardized individual case
plan that follows the offender through the criminal
justice system (including in-prison if the supervised
individual is in prison) that is:
(i) Based on the assets of the individual as
well as his or her risks and needs identified
through the assessment tool as described in this
Act.

(ii) Comprised of treatment and supervision
services appropriate to achieve the purpose of
this Act.
(iii) Consistently updated, based on program
participation by the supervised individual and
other behavior modification exhibited by the
supervised individual.
(B) Concentrate resources and services on
high-risk offenders.
(C) Provide for the use of evidence-based
programming related to education, job training,
cognitive behavioral therapy, and other programming
designed to reduce criminal behavior.
(D) Establish a system of graduated responses.
(i) The system shall set forth a menu of
presumptive responses for the most common types of
supervision violations.
(ii) The system shall be guided by the model
list of intermediate sanctions created by the
Probation Services Division of the State of
Illinois pursuant to subsection (1) of Section 15
of the Probation and Probation Officers Act and
the system of intermediate sanctions created by
the Chief Judge of each circuit court pursuant to
Section 5-6-1 of the Unified Code of Corrections.
(iii) The system of responses shall take into

account factors such as the severity of the
current violation; the supervised individual's
risk level as determined by a validated assessment
tool described in this Act; the supervised
individual's assets; his or her previous criminal
record; and the number and severity of any
previous supervision violations.
(iv) The system shall also define positive
reinforcements that supervised individuals may
receive for compliance with conditions of
supervision.
(v) Response to violations should be swift and
certain and should be imposed as soon as
practicable but no longer than 3 working days of
detection of the violation behavior.
(2) Conditions of local supervision (probation and
mandatory supervised release). Conditions of local
supervision whether imposed by a sentencing judge or the
Prisoner Review Board shall be imposed in accordance with
the offender's risks, assets, and needs as identified
through the assessment tool described in this Act.
(3) The Department of Corrections and the Prisoner
Review Board shall annually publish an exemplar copy of
any evidence-based assessments, questionnaires, or other
instruments used to set conditions of release.
(c) Evidence-based in-prison programming.

(1) The Department of Corrections shall adopt
policies, rules, and regulations that, within the first
year of the adoption, validation, and utilization of the
statewide, standardized risk assessment tool described in
this Act, result in at least 25% of incarcerated
individuals receiving services and programming in
accordance with evidence-based practices; within 3 years
of the adoption, validation, and utilization of the
statewide, standardized risk assessment tool result in at
least 50% of incarcerated individuals receiving services
and programming in accordance with evidence-based
practices; and within 5 years of the adoption, validation,
and utilization of the statewide, standardized risk
assessment tool result in at least 75% of incarcerated
individuals receiving services and programming in
accordance with evidence-based practices. The policies,
rules, and regulations shall:
(A) Provide for the use and development of a case
plan based on the risks, assets, and needs identified
through the assessment tool as described in this Act.
The case plan should be used to determine in-prison
programming; should be continuously updated based on
program participation by the prisoner and other
behavior modification exhibited by the prisoner; and
should be used when creating the case plan described
in subsection (b).

(B) Provide for the use of evidence-based
programming related to education, job training,
cognitive behavioral therapy and other evidence-based
programming.
(C) Establish education programs based on a
teacher to student ratio of no more than 1:30.
(D) Expand the use of drug prisons, modeled after
the Sheridan Correctional Center, to provide
sufficient drug treatment and other support services
to non-violent inmates with a history of substance
abuse.
(2) Participation and completion of programming by
prisoners can impact earned time credit as determined
under Section 3-6-3 of the Unified Code of Corrections.
(3) The Department of Corrections shall provide its
employees with intensive and ongoing training and
professional development services to support the
implementation of evidence-based practices. The training
and professional development services shall include
assessment techniques, case planning, cognitive behavioral
training, risk reduction and intervention strategies,
effective communication skills, substance abuse treatment
education and other topics identified by the Department or
its employees.
(d) The Parole Division of the Department of Corrections
and the Prisoner Review Board shall provide their employees

with intensive and ongoing training and professional
development services to support the implementation of
evidence-based practices. The training and professional
development services shall include assessment techniques, case
planning, cognitive behavioral training, risk reduction and
intervention strategies, effective communication skills,
substance abuse treatment education, and other topics
identified by the agencies or their employees.
(e) The Department of Corrections, the Prisoner Review
Board, and other correctional entities referenced in the
policies, rules, and regulations of this Act shall design,
implement, and make public a system to evaluate the
effectiveness of evidence-based practices in increasing public
safety and in successful reintegration of those under
supervision into the locality. Annually, each agency shall
submit to the Sentencing Policy Advisory Council a
comprehensive report on the success of implementing
evidence-based practices. The data compiled and analyzed by
the Council shall be delivered annually to the Governor and
the General Assembly.
(f) The Department of Corrections and the Prisoner Review
Board shall release a report annually published on their
websites that reports the following information about the
usage of electronic monitoring and GPS monitoring as a
condition of parole and mandatory supervised release during
the prior calendar year:

(1) demographic data of individuals on electronic
monitoring and GPS monitoring, separated by the following
categories:
(A) race or ethnicity;
(B) gender; and
(C) age;
(2) incarceration data of individuals subject to
conditions of electronic or GPS monitoring, separated by
the following categories:
(A) highest class of offense for which the
individuals are is currently serving a term of
release; and
(B) length of imprisonment served prior to the
current release period;
(3) the number of individuals subject to conditions of
electronic or GPS monitoring, separated by the following
categories:
(A) the number of individuals subject to
monitoring under Section 5-8A-6 of the Unified Code of
Corrections;
(B) the number of individuals subject monitoring
under Section 5-8A-7 of the Unified Code of
Corrections;
(C) the number of individuals subject to
monitoring under a discretionary order of the Prisoner
Review Board at the time of their release; and

(D) the number of individuals subject to
monitoring as a sanction for violations of parole or
mandatory supervised release, separated by the
following categories:
(i) the number of individuals subject to
monitoring as part of a graduated sanctions
program; and
(ii) the number of individuals subject to
monitoring as a new condition of re-release after
a revocation hearing before the Prisoner Review
Board;
(4) the number of discretionary monitoring orders
issued by the Prisoner Review Board, separated by the
following categories:
(A) less than 30 days;
(B) 31 to 60 days;
(C) 61 to 90 days;
(D) 91 to 120 days;
(E) 121 to 150 days;
(F) 151 to 180 days;
(G) 181 to 364 days;
(H) 365 days or more; and
(I) duration of release term;
(5) the number of discretionary monitoring orders by
the Board which removed or terminated monitoring prior to
the completion of the original period ordered;

(6) the number and severity category for sanctions
imposed on individuals on electronic or GPS monitoring,
separated by the following categories:
(A) absconding from electronic monitoring or GPS;
(B) tampering or removing the electronic
monitoring or GPS device;
(C) unauthorized leaving of the residence;
(D) presence of the individual in a prohibited
area; or
(E) other violations of the terms of the
electronic monitoring program;
(7) the number of individuals for whom a parole
revocation case was filed for failure to comply with the
terms of electronic or GPS monitoring, separated by the
following categories:
(A) cases when failure to comply with the terms of
monitoring was the sole violation alleged; and
(B) cases when failure to comply with the terms of
monitoring was alleged in conjunction with other
alleged violations;
(8) residential data for individuals subject to
electronic or GPS monitoring, separated by the following
categories:
(A) the county of the residence address for
individuals subject to electronic or GPS monitoring as
a condition of their release; and

(B) for counties with a population over 3,000,000,
the zip codes of the residence address for individuals
subject to electronic or GPS monitoring as a condition
of their release;
(9) the number of individuals for whom parole
revocation cases were filed due to violations of paragraph
(1) of subsection (a) of Section 3-3-7 of the Unified Code
of Corrections, separated by the following categories:
(A) the number of individuals whose violation of
paragraph (1) of subsection (a) of Section 3-3-7 of
the Unified Code of Corrections allegedly occurred
while the individual was subject to conditions of
electronic or GPS monitoring;
(B) the number of individuals who had violations
of paragraph (1) of subsection (a) of Section 3-3-7 of
the Unified Code of Corrections alleged against them
who were never subject to electronic or GPS monitoring
during their current term of release; and
(C) the number of individuals who had violations
of paragraph (1) of subsection (a) of Section 3-3-7 of
the Unified Code of Corrections alleged against them
who were subject to electronic or GPS monitoring for
any period of time during their current term of their
release, but who were not subject to such monitoring
at the time of the alleged violation of paragraph (1)
of subsection (a) of Section 3-3-7 of the Unified Code

of Corrections.
(Source: P.A. 101-231, eff. 1-1-20; revised 9-12-19.)
Section 765. The Re-Entering Citizens Civics Education Act
is amended by changing Section 5 as follows:
(730 ILCS 200/5)
Sec. 5. Definitions. In this Act:
"Committed person" means a person committed to the
Department.
"Commitment" means a judicially determined placement in
the custody of the Department of Corrections or the Department
of Juvenile Justice on the basis of conviction or delinquency.
"Correctional institution or facility" means a Department
of Corrections or Department of Juvenile Justice building or
part of a Department of Corrections or Department of Juvenile
Justice building where committed persons are detained in a
secure manner.
"Department" includes the Department of Corrections and
the Department of Juvenile Justice, unless the text solely
specifies a particular Department.
"Detainee" means a committed person in the physical
custody of the Department of Corrections or the Department of
Juvenile Justice.
"Director" includes the Directors Director of the
Department of Corrections and the Department of Juvenile

Justice unless the text solely specifies a particular
Director.
"Discharge" means the end of a sentence or the final
termination of a detainee's physical commitment to and
confinement in the Department of Corrections or Department of
Juvenile Justice.
"Peer educator" means an incarcerated citizen who is
specifically trained in voting rights education, who shall
conduct voting and civics education workshops for detainees
scheduled for discharge within 12 months.
"Program" means the nonpartisan peer education and
information instruction established by this Act.
"Re-entering citizen" means any United States citizen who
is: 17 years of age or older; in the physical custody of the
Department of Corrections or Department of Juvenile Justice;
and scheduled to be re-entering society within 12 months.
(Source: P.A. 101-441, eff. 1-1-20; revised 8-19-20.)
Section 770. The Code of Civil Procedure is amended by
changing Sections 2-206, 2-1401, 5-105, 8-301, and 20-104 and
the heading of Article VIII Part 3 as follows:
(735 ILCS 5/2-206) (from Ch. 110, par. 2-206)
Sec. 2-206. Service by publication; affidavit; mailing;
certificate.
(a) Whenever, in any action affecting property or status

within the jurisdiction of the court, including an action to
obtain the specific performance, reformation, or rescission of
a contract for the conveyance of land, except for an action
brought under Part 15 of Article XV of this Code that is are
subject to subsection (a-5), the plaintiff or his or her
attorney shall file, at the office of the clerk of the court in
which the action is pending, an affidavit showing that the
defendant resides or has gone out of this State, or on due
inquiry cannot be found, or is concealed within this State, so
that process cannot be served upon him or her, and stating the
place of residence of the defendant, if known, or that upon
diligent inquiry his or her place of residence cannot be
ascertained, the clerk shall cause publication to be made in
some newspaper published in the county in which the action is
pending. If there is no newspaper published in that county,
then the publication shall be in a newspaper published in an
adjoining county in this State, having a circulation in the
county in which action is pending. The publication shall
contain notice of the pendency of the action, the title of the
court, the title of the case, showing the names of the first
named plaintiff and the first named defendant, the number of
the case, the names of the parties to be served by publication,
and the date on or after which default may be entered against
such party. The clerk shall also, within 10 days of the first
publication of the notice, send a copy thereof by mail,
addressed to each defendant whose place of residence is stated

in such affidavit. The certificate of the clerk that he or she
has sent the copy in pursuance of this Section is evidence that
he or she has done so.
(a-5) If, in any action brought under Part 15 of Article XV
of this Code, the plaintiff, or his or her attorney, shall
file, at the office of the clerk of the court in which the
action is pending, an affidavit showing that the defendant
resides outside of or has left this State, or on due inquiry
cannot be found, or is concealed within this State so that
process cannot be served upon him or her, and stating the place
of residence of the defendant, if known, or that upon diligent
inquiry his or her place of residence cannot be ascertained,
the plaintiff, or his or her representative, shall cause
publication to be made in some newspaper published in the
county in which the action is pending. If there is no newspaper
published in that county, then the publication shall be in a
newspaper published in an adjoining county in this State,
having a circulation in the county in which action is pending.
The publication shall contain notice of the pendency of the
action, the title of the court, the title of the case, showing
the names of the first named plaintiff and the first named
defendant, the number of the case, the names of the parties to
be served by publication, and the date on or after which
default may be entered against such party. It shall be the
non-delegable duty of the clerk of the court, within 10 days of
the first publication of the notice, to send a copy thereof by

mail, addressed to each defendant whose place of residence is
stated in such affidavit. The certificate of the clerk of the
court that he or she has sent the copy in pursuance of this
Section is evidence that he or she has done so.
(b) In any action brought by a unit of local government to
cause the demolition, repair, or enclosure of a dangerous and
unsafe or uncompleted or abandoned building, notice by
publication under this Section may be commenced during the
time during which attempts are made to locate the defendant
for personal service. In that case, the unit of local
government shall file with the clerk an affidavit stating that
the action meets the requirements of this subsection and that
all required attempts are being made to locate the defendant.
Upon the filing of the affidavit, the clerk shall cause
publication to be made under this Section. Upon completing the
attempts to locate the defendant required by this Section, the
municipality shall file with the clerk an affidavit meeting
the requirements of subsection (a). Service under this
subsection shall not be deemed to have been made until the
affidavit is filed and service by publication in the manner
prescribed in subsection (a) is completed.
(Source: P.A. 101-539, eff. 1-1-20; revised 8-19-20.)
(735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
Sec. 2-1401. Relief from judgments.
(a) Relief from final orders and judgments, after 30 days

from the entry thereof, may be had upon petition as provided in
this Section. Writs of error coram nobis and coram vobis,
bills of review and bills in the nature of bills of review are
abolished. All relief heretofore obtainable and the grounds
for such relief heretofore available, whether by any of the
foregoing remedies or otherwise, shall be available in every
case, by proceedings hereunder, regardless of the nature of
the order or judgment from which relief is sought or of the
proceedings in which it was entered. Except as provided in the
Illinois Parentage Act of 2015, there shall be no distinction
between actions and other proceedings, statutory or otherwise,
as to availability of relief, grounds for relief or the relief
obtainable.
(b) The petition must be filed in the same proceeding in
which the order or judgment was entered but is not a
continuation thereof. The petition must be supported by
affidavit or other appropriate showing as to matters not of
record. A petition to reopen a foreclosure proceeding must
include as parties to the petition, but is not limited to, all
parties in the original action in addition to the current
record title holders of the property, current occupants, and
any individual or entity that had a recorded interest in the
property before the filing of the petition. All parties to the
petition shall be notified as provided by rule.
(b-5) A movant may present a meritorious claim under this
Section if the allegations in the petition establish each of

the following by a preponderance of the evidence:
(1) the movant was convicted of a forcible felony;
(2) the movant's participation in the offense was
related to him or her previously having been a victim of
domestic violence as perpetrated by an intimate partner;
(3) no evidence of domestic violence against the
movant was presented at the movant's sentencing hearing;
(4) the movant was unaware of the mitigating nature of
the evidence of the domestic violence at the time of
sentencing and could not have learned of its significance
sooner through diligence; and
(5) the new evidence of domestic violence against the
movant is material and noncumulative to other evidence
offered at the sentencing hearing, and is of such a
conclusive character that it would likely change the
sentence imposed by the original trial court.
Nothing in this subsection (b-5) shall prevent a movant
from applying for any other relief under this Section or any
other law otherwise available to him or her.
As used in this subsection (b-5):
"Domestic violence" means abuse as defined in Section
103 of the Illinois Domestic Violence Act of 1986.
"Forcible felony" has the meaning ascribed to the term
in Section 2-8 of the Criminal Code of 2012.
"Intimate partner" means a spouse or former spouse,
persons who have or allegedly have had a child in common,

or persons who have or have had a dating or engagement
relationship.
(b-10) A movant may present a meritorious claim under this
Section if the allegations in the petition establish each of
the following by a preponderance of the evidence:
(A) she was convicted of a forcible felony;
(B) her participation in the offense was a direct
result of her suffering from post-partum depression or
post-partum psychosis;
(C) no evidence of post-partum depression or
post-partum psychosis was presented by a qualified medical
person at trial or sentencing, or both;
(D) she was unaware of the mitigating nature of the
evidence or, if aware, was at the time unable to present
this defense due to suffering from post-partum depression
or post-partum psychosis, or, at the time of trial or
sentencing, neither was a recognized mental illness and as
such, she was unable to receive proper treatment; and
(E) evidence of post-partum depression or post-partum
psychosis as suffered by the person is material and
noncumulative to other evidence offered at the time of
trial or sentencing, and it is of such a conclusive
character that it would likely change the sentence imposed
by the original court.
Nothing in this subsection (b-10) prevents a person from
applying for any other relief under this Article or any other

law otherwise available to her.
As used in this subsection (b-10):
"Post-partum depression" means a mood disorder which
strikes many women during and after pregnancy and usually
occurs during pregnancy and up to 12 months after
delivery. This depression can include anxiety disorders.
"Post-partum psychosis" means an extreme form of
post-partum depression which can occur during pregnancy
and up to 12 months after delivery. This can include
losing touch with reality, distorted thinking, delusions,
auditory and visual hallucinations, paranoia,
hyperactivity and rapid speech, or mania.
(c) Except as provided in Section 20b of the Adoption Act
and Section 2-32 of the Juvenile Court Act of 1987 or in a
petition based upon Section 116-3 of the Code of Criminal
Procedure of 1963 or subsection (b-10) of this Section, or in a
motion to vacate and expunge convictions under the Cannabis
Control Act as provided by subsection (i) of Section 5.2 of the
Criminal Identification Act, the petition must be filed not
later than 2 years after the entry of the order or judgment.
Time during which the person seeking relief is under legal
disability or duress or the ground for relief is fraudulently
concealed shall be excluded in computing the period of 2
years.
(d) The filing of a petition under this Section does not
affect the order or judgment, or suspend its operation.

(e) Unless lack of jurisdiction affirmatively appears from
the record proper, the vacation or modification of an order or
judgment pursuant to the provisions of this Section does not
affect the right, title or interest in or to any real or
personal property of any person, not a party to the original
action, acquired for value after the entry of the order or
judgment but before the filing of the petition, nor affect any
right of any person not a party to the original action under
any certificate of sale issued before the filing of the
petition, pursuant to a sale based on the order or judgment.
When a petition is filed pursuant to this Section to reopen a
foreclosure proceeding, notwithstanding the provisions of
Section 15-1701 of this Code, the purchaser or successor
purchaser of real property subject to a foreclosure sale who
was not a party to the mortgage foreclosure proceedings is
entitled to remain in possession of the property until the
foreclosure action is defeated or the previously foreclosed
defendant redeems from the foreclosure sale if the purchaser
has been in possession of the property for more than 6 months.
(f) Nothing contained in this Section affects any existing
right to relief from a void order or judgment, or to employ any
existing method to procure that relief.
(Source: P.A. 100-1048, eff. 8-23-18; 101-27, eff. 6-25-19;
101-411, eff. 8-16-19; revised 9-17-19.)
(735 ILCS 5/5-105) (from Ch. 110, par. 5-105)

Sec. 5-105. Waiver of court fees, costs, and charges.
(a) As used in this Section:
(1) "Fees, costs, and charges" means payments imposed
on a party in connection with the prosecution or defense
of a civil action, including, but not limited to: fees set
forth in Section 27.1b of the Clerks of Courts Act; fees
for service of process and other papers served either
within or outside this State, including service by
publication pursuant to Section 2-206 of this Code and
publication of necessary legal notices; motion fees;
charges for participation in, or attendance at, any
mandatory process or procedure including, but not limited
to, conciliation, mediation, arbitration, counseling,
evaluation, "Children First", "Focus on Children" or
similar programs; fees for supplementary proceedings;
charges for translation services; guardian ad litem fees;
and all other processes and procedures deemed by the court
to be necessary to commence, prosecute, defend, or enforce
relief in a civil action.
(2) "Indigent person" means any person who meets one
or more of the following criteria:
(i) He or she is receiving assistance under one or
more of the following means-based governmental public
benefits programs: Supplemental Security Income (SSI),
Aid to the Aged, Blind and Disabled (AABD), Temporary
Assistance for Needy Families (TANF), Supplemental

Nutrition Assistance Program (SNAP), General
Assistance, Transitional Assistance, or State Children
and Family Assistance.
(ii) His or her available personal income is 125%
or less of the current poverty level, unless the
applicant's assets that are not exempt under Part 9 or
10 of Article XII of this Code are of a nature and
value that the court determines that the applicant is
able to pay the fees, costs, and charges.
(iii) He or she is, in the discretion of the court,
unable to proceed in an action without payment of
fees, costs, and charges and whose payment of those
fees, costs, and charges would result in substantial
hardship to the person or his or her family.
(iv) He or she is an indigent person pursuant to
Section 5-105.5 of this Code.
(3) "Poverty level" means the current poverty level as
established by the United States Department of Health and
Human Services.
(b) On the application of any person, before or after the
commencement of an action:
(1) If the court finds that the applicant is an
indigent person, the court shall grant the applicant a
full fees, costs, and charges waiver entitling him or her
to sue or defend the action without payment of any of the
fees, costs, and charges.

(2) If the court finds that the applicant satisfies
any of the criteria contained in items (i), (ii), or (iii)
of this subdivision (b)(2), the court shall grant the
applicant a partial fees, costs, and charges waiver
entitling him or her to sue or defend the action upon
payment of the applicable percentage of the assessments,
costs, and charges of the action, as follows:
(i) the court shall waive 75% of all fees, costs,
and charges if the available income of the applicant
is greater than 125% but does not exceed 150% of the
poverty level, unless the assets of the applicant that
are not exempt under Part 9 or 10 of Article XII of
this Code are such that the applicant is able, without
undue hardship, to pay a greater portion of the fees,
costs, and charges;
(ii) the court shall waive 50% of all fees, costs,
and charges if the available income is greater than
150% but does not exceed 175% of the poverty level,
unless the assets of the applicant that are not exempt
under Part 9 or 10 of Article XII of this Code are such
that the applicant is able, without undue hardship, to
pay a greater portion of the fees, costs, and charges;
and
(iii) the court shall waive 25% of all fees,
costs, and charges if the available income of the
applicant is greater than 175% but does not exceed

200% of the current poverty level, unless the assets
of the applicant that are not exempt under Part 9 or 10
of Article XII of this Code are such that the applicant
is able, without undue hardship, to pay a greater
portion of the fees, costs, and charges.
(c) An application for waiver of court fees, costs, and
charges shall be in writing and signed by the applicant, or, if
the applicant is a minor or an incompetent adult, by another
person having knowledge of the facts. The contents of the
application for waiver of court fees, costs, and charges, and
the procedure for the decision of the applications, shall be
established by Supreme Court Rule. Factors to consider in
evaluating an application shall include:
(1) the applicant's receipt of needs based
governmental public benefits, including Supplemental
Security Income (SSI); Aid to the Aged, Blind and Disabled
(AABD ADBD); Temporary Assistance for Needy Families
(TANF); Supplemental Nutrition Assistance Program (SNAP or
"food stamps"); General Assistance; Transitional
Assistance; or State Children and Family Assistance;
(2) the employment status of the applicant and amount
of monthly income, if any;
(3) income received from the applicant's pension,
Social Security benefits, unemployment benefits, and other
sources;
(4) income received by the applicant from other

household members;
(5) the applicant's monthly expenses, including rent,
home mortgage, other mortgage, utilities, food, medical,
vehicle, childcare, debts, child support, and other
expenses; and
(6) financial affidavits or other similar supporting
documentation provided by the applicant showing that
payment of the imposed fees, costs, and charges would
result in substantial hardship to the applicant or the
applicant's family.
(c-5) The court shall provide, through the office of the
clerk of the court, the application for waiver of court fees,
costs, and charges to any person seeking to sue or defend an
action who indicates an inability to pay the fees, costs, and
charges of the action. The clerk of the court shall post in a
conspicuous place in the courthouse a notice no smaller than
8.5 x 11 inches, using no smaller than 30-point typeface
printed in English and in Spanish, advising the public that
they may ask the court for permission to sue or defend a civil
action without payment of fees, costs, and charges. The notice
shall be substantially as follows:
"If you are unable to pay the fees, costs, and charges
of an action you may ask the court to allow you to proceed
without paying them. Ask the clerk of the court for
forms."
(d) (Blank).

(e) The clerk of the court shall not refuse to accept and
file any complaint, appearance, or other paper presented by
the applicant if accompanied by an application for waiver of
court fees, costs, and charges, and those papers shall be
considered filed on the date the application is presented. If
the application is denied or a partial fees, costs, and
charges waiver is granted, the order shall state a date
certain by which the necessary fees, costs, and charges must
be paid. For good cause shown, the court may allow an applicant
who receives a partial fees, costs, and charges waiver to
defer payment of fees, costs, and charges, make installment
payments, or make payment upon reasonable terms and conditions
stated in the order. The court may dismiss the claims or strike
the defenses of any party failing to pay the fees, costs, and
charges within the time and in the manner ordered by the court.
A judicial ruling on an application for waiver of court
assessments does not constitute a decision of a substantial
issue in the case under Section 2-1001 of this Code.
(f) The order granting a full or partial fees, costs, and
charges waiver shall expire after one year. Upon expiration of
the waiver, or a reasonable period of time before expiration,
the party whose fees, costs, and charges were waived may file
another application for waiver and the court shall consider
the application in accordance with the applicable Supreme
Court Rule.
(f-5) If, before or at the time of final disposition of the

case, the court obtains information, including information
from the court file, suggesting that a person whose fees,
costs, and charges were initially waived was not entitled to a
full or partial waiver at the time of application, the court
may require the person to appear at a court hearing by giving
the applicant no less than 10 days' written notice of the
hearing and the specific reasons why the initial waiver might
be reconsidered. The court may require the applicant to
provide reasonably available evidence, including financial
information, to support his or her eligibility for the waiver,
but the court shall not require submission of information that
is unrelated to the criteria for eligibility and application
requirements set forth in subdivision (b)(1) or (b)(2) of this
Section. If the court finds that the person was not initially
entitled to any waiver, the person shall pay all fees, costs,
and charges relating to the civil action, including any
previously waived fees, costs, and charges. The order may
state terms of payment in accordance with subsection (e). The
court shall not conduct a hearing under this subsection more
often than once every 6 months.
(f-10) If, before or at the time of final disposition of
the case, the court obtains information, including information
from the court file, suggesting that a person who received a
full or partial waiver has experienced a change in financial
condition so that he or she is no longer eligible for that
waiver, the court may require the person to appear at a court

hearing by giving the applicant no less than 10 days' written
notice of the hearing and the specific reasons why the waiver
might be reconsidered. The court may require the person to
provide reasonably available evidence, including financial
information, to support his or her continued eligibility for
the waiver, but shall not require submission of information
that is unrelated to the criteria for eligibility and
application requirements set forth in subdivisions (b)(1) and
(b)(2) of this Section. If the court enters an order finding
that the person is no longer entitled to a waiver, or is
entitled to a partial waiver different than that which the
person had previously received, the person shall pay the
requisite fees, costs, and charges from the date of the order
going forward. The order may state terms of payment in
accordance with subsection (e) of this Section. The court
shall not conduct a hearing under this subsection more often
than once every 6 months.
(g) A court, in its discretion, may appoint counsel to
represent an indigent person, and that counsel shall perform
his or her duties without fees, charges, or reward.
(h) Nothing in this Section shall be construed to affect
the right of a party to sue or defend an action in forma
pauperis without the payment of fees, costs, charges, or the
right of a party to court-appointed counsel, as authorized by
any other provision of law or by the rules of the Illinois
Supreme Court. Nothing in this Section shall be construed to

limit the authority of a court to order another party to the
action to pay the fees, costs, and charges of the action.
(h-5) If a party is represented by a civil legal services
provider or an attorney in a court-sponsored pro bono program
as defined in Section 5-105.5 of this Code, the attorney
representing that party shall file a certification with the
court in accordance with Supreme Court Rule 298 and that party
shall be allowed to sue or defend without payment of fees,
costs, and charges without filing an application under this
Section.
(h-10) (Blank).
(i) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19;
101-36, eff. 6-28-19; revised 8-6-19.)
(735 ILCS 5/Art. VIII Pt. 3 heading)
Part 3. Surviving Partner or Joint Contractor Joint-Contractor
(735 ILCS 5/8-301) (from Ch. 110, par. 8-301)
Sec. 8-301. Surviving partner or joint contractor
joint-contractor. In any action or proceeding by or against
any surviving partner or partners, or joint contractor or
joint contractors, no adverse party or person adversely
interested in the event thereof, shall, by virtue of Section
8-101 of this Act, be rendered a competent witness to testify

to any admission or conversation by any deceased partner or
joint contractor, unless some one or more of the surviving
partners or joint contractors were also present at the time of
such admission or conversation; and in every action or
proceeding a party to the same who has contracted with an agent
of the adverse party - the agent having since died - shall not
be a competent witness as to any admission or conversation
between himself or herself and such agent, unless such
admission or conversation with the deceased agent was had or
made in the presence of a surviving agent or agents of such
adverse party, and then only except where the conditions are
such that under the provisions of Sections 8-201 and 8-401 of
this Act he or she would have been permitted to testify if the
deceased person had been a principal and not an agent.
(Source: P.A. 82-280; revised 7-16-19.)
(735 ILCS 5/20-104) (from Ch. 110, par. 20-104)
Sec. 20-104. (a) Before any action is instituted pursuant
to this Act, the State or local governmental unit shall make a
good faith attempt to collect amounts owed to it by using
informal procedures and methods. Civil recoveries provided for
in this Article shall be recoverable only: (1) in actions on
behalf of the State, by the Attorney General; (2) in actions on
behalf of a municipality with a population over 500,000, by
the corporation counsel of such municipality; and (3) in
actions on behalf of any other local governmental unit, by

counsel designated by the local government unit or, if so
requested by the local governmental unit and the state's
attorney so agrees, by the state's attorney. However, nothing
in clause (3) of this subsection (a) shall affect agreements
made pursuant to the State's Attorneys Attorney Appellate
Prosecutor's Act, as amended. If the state's attorney of a
county brings an action on behalf of another unit of local
government pursuant to this Section, the county shall be
reimbursed by the unit of local government in an amount
mutually agreed upon before the action is initiated.
(b) Notwithstanding any other provision in this Section,
any private citizen residing within the boundaries of the
governmental unit affected may bring an action to recover the
damages authorized in this Article on behalf of such
governmental unit if: (a) the citizen has sent a letter by
certified mail, return receipt requested, to the appropriate
government official stating his intention to file suit for
recovery under this Article and (b) the appropriate
governmental official has not, within 60 days of the date of
delivery on the citizen's return receipt, either instituted an
action for recovery or sent notice to the citizen by certified
mail, return receipt requested, that the official has arranged
for a settlement with the party alleged to have illegally
obtained the compensation or that the official intends to
commence suit within 60 days of the date of the notice. A
denial by the official of the liability of the party alleged

liable by the citizen, failure to have actually arranged for a
settlement as stated, or failure to commence a suit within the
designated period after having stated the intention in the
notice to do so shall also permit the citizen to commence the
action.
For purposes of this subsection (b), "appropriate
government official" shall mean: (1) the Attorney General,
where the government unit alleged damaged is the State; (2)
the corporation counsel where the government unit alleged
damaged is a municipality with a population of over 500,000;
and (3) the chief executive officer of any other local
government unit where that unit is alleged damaged.
Any private citizen commencing an action in compliance
with this subsection which is reasonable and commenced in good
faith shall be entitled to recover court costs and litigation
expenses, including reasonable attorney's fees, from any
defendant found liable under this Article.
(Source: P.A. 84-1462; revised 7-16-19.)
Section 775. The Parental Right of Recovery Act is amended
by changing Section 2 as follows:
(740 ILCS 120/2) (from Ch. 70, par. 602)
Sec. 2. For the purpose of this Act, unless the context
clearly requires otherwise:
(1) "Illegal drug" means (i) any substance as defined and

included in the Schedules of Article II of the Illinois
Controlled Substances Act, (ii) any cannabis as defined in
Section 3 of the Cannabis Control Act, or (iii) any drug as
defined in paragraph (b) of Section 3 of the Pharmacy Practice
Act which is obtained without a prescription or otherwise in
violation of the law.
(2) "Minor" means a person who has not attained age 18.
(3) "Legal guardian" means a person appointed guardian, or
given custody, of a minor by a circuit court of this State, but
does not include a person appointed guardian, or given
custody, of a minor under the Juvenile Court Act or the
Juvenile Court Act of 1987.
(4) "Parent" means any natural or adoptive parent of a
minor.
(5) "Person" means any natural person, corporation,
association, partnership, or other organization.
(6) "Prescription" means any order for drugs, written or
verbal, by a physician, dentist, veterinarian, or other person
authorized to prescribe drugs within the limits of his or her
license, containing the following: (1) name Name of the
patient; (2) date when prescription was given; (3) name and
strength of drug prescribed; (4) quantity, directions for use,
prescriber's name, address and signature, and the United
States Drug Enforcement Administration Agency number where
required, for controlled substances.
(7) "Sale or transfer" means the actual or constructive

transfer of possession of an illegal drug, with or without
consideration, whether directly or through an agent.
(Source: P.A. 95-689, eff. 10-29-07; revised 8-19-20.)
Section 780. The Federal Law Enforcement Officer Immunity
Act is amended by changing Section 5 as follows:
(745 ILCS 22/5)
Sec. 5. Definition. As used in this Act, "federal law
enforcement officer" means any officer, agent, or employee of
the federal government commissioned by federal statute to make
arrests for violations of federal criminal laws, including but
not limited to, all criminal investigators of:
(a) The United States Department of Justice, the
Federal Bureau of Investigation, the Drug Enforcement
Administration, Agency and all United States Marshals or
Deputy United States Marshals whose duties involve the
enforcement of federal criminal laws;
(a-5) The United States Department of Homeland
Security, United States Citizenship and Immigration
Services, United States Coast Guard, United States Customs
and Border Protection, and United States Immigration and
Customs Enforcement;
(b) The United States Department of the Treasury, the
Alcohol and Tobacco Tax and Trade Bureau, and the United
States Secret Service;

(c) The United States Internal Revenue Service;
(d) The United States General Services Administration;
(e) The United States Postal Service;
(f) (Blank); and
(g) The United States Department of Defense.
(Source: P.A. 99-651, eff. 1-1-17; revised 8-19-20.)
Section 785. The Good Samaritan Food Donor Act is amended
by changing Section 2.02 as follows:
(745 ILCS 50/2.02) (from Ch. 56 1/2, par. 2002.02)
Sec. 2.02. "Charitable organization" is defined as set
forth in Section 1 of the Solicitation for Charity Act "An Act
to regulate solicitation and collection of funds for
charitable purposes, providing for violations thereof, and
making an appropriation therefor", approved July 26, 1963, as
amended.
(Source: P.A. 82-580; revised 9-4-20.)
Section 790. The Adoption Act is amended by changing
Section 1 as follows:
(750 ILCS 50/1) (from Ch. 40, par. 1501)
Sec. 1. Definitions. When used in this Act, unless the
context otherwise requires:
A. "Child" means a person under legal age subject to

adoption under this Act.
B. "Related child" means a child subject to adoption where
either or both of the adopting parents stands in any of the
following relationships to the child by blood, marriage,
adoption, or civil union: parent, grand-parent,
great-grandparent, brother, sister, step-parent,
step-grandparent, step-brother, step-sister, uncle, aunt,
great-uncle, great-aunt, first cousin, or second cousin. A
person is related to the child as a first cousin or second
cousin if they are both related to the same ancestor as either
grandchild or great-grandchild. A child whose parent has
executed a consent to adoption, a surrender, or a waiver
pursuant to Section 10 of this Act or whose parent has signed a
denial of paternity pursuant to Section 12 of the Vital
Records Act or Section 12a of this Act, or whose parent has had
his or her parental rights terminated, is not a related child
to that person, unless (1) the consent is determined to be void
or is void pursuant to subsection O of Section 10 of this Act;
or (2) the parent of the child executed a consent to adoption
by a specified person or persons pursuant to subsection A-1 of
Section 10 of this Act and a court of competent jurisdiction
finds that such consent is void; or (3) the order terminating
the parental rights of the parent is vacated by a court of
competent jurisdiction.
C. "Agency" for the purpose of this Act means a public
child welfare agency or a licensed child welfare agency.

D. "Unfit person" means any person whom the court shall
find to be unfit to have a child, without regard to the
likelihood that the child will be placed for adoption. The
grounds of unfitness are any one or more of the following,
except that a person shall not be considered an unfit person
for the sole reason that the person has relinquished a child in
accordance with the Abandoned Newborn Infant Protection Act:
(a) Abandonment of the child.
(a-1) Abandonment of a newborn infant in a hospital.
(a-2) Abandonment of a newborn infant in any setting
where the evidence suggests that the parent intended to
relinquish his or her parental rights.
(b) Failure to maintain a reasonable degree of
interest, concern or responsibility as to the child's
welfare.
(c) Desertion of the child for more than 3 months next
preceding the commencement of the Adoption proceeding.
(d) Substantial neglect of the child if continuous or
repeated.
(d-1) Substantial neglect, if continuous or repeated,
of any child residing in the household which resulted in
the death of that child.
(e) Extreme or repeated cruelty to the child.
(f) There is a rebuttable presumption, which can be
overcome only by clear and convincing evidence, that a
parent is unfit if:

(1) Two or more findings of physical abuse have
been entered regarding any children under Section 2-21
of the Juvenile Court Act of 1987, the most recent of
which was determined by the juvenile court hearing the
matter to be supported by clear and convincing
evidence; or
(2) The parent has been convicted or found not
guilty by reason of insanity and the conviction or
finding resulted from the death of any child by
physical abuse; or
(3) There is a finding of physical child abuse
resulting from the death of any child under Section
2-21 of the Juvenile Court Act of 1987.
No conviction or finding of delinquency pursuant to
Article V of the Juvenile Court Act of 1987 shall be
considered a criminal conviction for the purpose of
applying any presumption under this item (f).
(g) Failure to protect the child from conditions
within his environment injurious to the child's welfare.
(h) Other neglect of, or misconduct toward the child;
provided that in making a finding of unfitness the court
hearing the adoption proceeding shall not be bound by any
previous finding, order or judgment affecting or
determining the rights of the parents toward the child
sought to be adopted in any other proceeding except such
proceedings terminating parental rights as shall be had

under either this Act, the Juvenile Court Act or the
Juvenile Court Act of 1987.
(i) Depravity. Conviction of any one of the following
crimes shall create a presumption that a parent is
depraved which can be overcome only by clear and
convincing evidence: (1) first degree murder in violation
of paragraph (1) 1 or (2) 2 of subsection (a) of Section
9-1 of the Criminal Code of 1961 or the Criminal Code of
2012 or conviction of second degree murder in violation of
subsection (a) of Section 9-2 of the Criminal Code of 1961
or the Criminal Code of 2012 of a parent of the child to be
adopted; (2) first degree murder or second degree murder
of any child in violation of the Criminal Code of 1961 or
the Criminal Code of 2012; (3) attempt or conspiracy to
commit first degree murder or second degree murder of any
child in violation of the Criminal Code of 1961 or the
Criminal Code of 2012; (4) solicitation to commit murder
of any child, solicitation to commit murder of any child
for hire, or solicitation to commit second degree murder
of any child in violation of the Criminal Code of 1961 or
the Criminal Code of 2012; (5) predatory criminal sexual
assault of a child in violation of Section 11-1.40 or
12-14.1 of the Criminal Code of 1961 or the Criminal Code
of 2012; (6) heinous battery of any child in violation of
the Criminal Code of 1961; (7) aggravated battery of any
child in violation of the Criminal Code of 1961 or the

Criminal Code of 2012; (8) any violation of Section
11-1.20 or Section 12-13 of the Criminal Code of 1961 or
the Criminal Code of 2012; (9) any violation of subsection
(a) of Section 11-1.50 or Section 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012; (10) any
violation of Section 11-9.1 of the Criminal Code of 1961
or the Criminal Code of 2012; (11) any violation of
Section 11-9.1A of the Criminal Code of 1961 or the
Criminal Code of 2012; or (12) an offense in any other
state the elements of which are similar and bear a
substantial relationship to any of the enumerated offenses
in this subsection (i).
There is a rebuttable presumption that a parent is
depraved if the parent has been criminally convicted of at
least 3 felonies under the laws of this State or any other
state, or under federal law, or the criminal laws of any
United States territory; and at least one of these
convictions took place within 5 years of the filing of the
petition or motion seeking termination of parental rights.
There is a rebuttable presumption that a parent is
depraved if that parent has been criminally convicted of
either first or second degree murder of any person as
defined in the Criminal Code of 1961 or the Criminal Code
of 2012 within 10 years of the filing date of the petition
or motion to terminate parental rights.
No conviction or finding of delinquency pursuant to

Article 5 of the Juvenile Court Act of 1987 shall be
considered a criminal conviction for the purpose of
applying any presumption under this item (i).
(j) Open and notorious adultery or fornication.
(j-1) (Blank).
(k) Habitual drunkenness or addiction to drugs, other
than those prescribed by a physician, for at least one
year immediately prior to the commencement of the
unfitness proceeding.
There is a rebuttable presumption that a parent is
unfit under this subsection with respect to any child to
which that parent gives birth where there is a confirmed
test result that at birth the child's blood, urine, or
meconium contained any amount of a controlled substance as
defined in subsection (f) of Section 102 of the Illinois
Controlled Substances Act or metabolites of such
substances, the presence of which in the newborn infant
was not the result of medical treatment administered to
the mother or the newborn infant; and the biological
mother of this child is the biological mother of at least
one other child who was adjudicated a neglected minor
under subsection (c) of Section 2-3 of the Juvenile Court
Act of 1987.
(l) Failure to demonstrate a reasonable degree of
interest, concern or responsibility as to the welfare of a
new born child during the first 30 days after its birth.

(m) Failure by a parent (i) to make reasonable efforts
to correct the conditions that were the basis for the
removal of the child from the parent during any 9-month
period following the adjudication of neglected or abused
minor under Section 2-3 of the Juvenile Court Act of 1987
or dependent minor under Section 2-4 of that Act, or (ii)
to make reasonable progress toward the return of the child
to the parent during any 9-month period following the
adjudication of neglected or abused minor under Section
2-3 of the Juvenile Court Act of 1987 or dependent minor
under Section 2-4 of that Act. If a service plan has been
established as required under Section 8.2 of the Abused
and Neglected Child Reporting Act to correct the
conditions that were the basis for the removal of the
child from the parent and if those services were
available, then, for purposes of this Act, "failure to
make reasonable progress toward the return of the child to
the parent" includes the parent's failure to substantially
fulfill his or her obligations under the service plan and
correct the conditions that brought the child into care
during any 9-month period following the adjudication under
Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
Notwithstanding any other provision, when a petition or
motion seeks to terminate parental rights on the basis of
item (ii) of this subsection (m), the petitioner shall
file with the court and serve on the parties a pleading

that specifies the 9-month period or periods relied on.
The pleading shall be filed and served on the parties no
later than 3 weeks before the date set by the court for
closure of discovery, and the allegations in the pleading
shall be treated as incorporated into the petition or
motion. Failure of a respondent to file a written denial
of the allegations in the pleading shall not be treated as
an admission that the allegations are true.
(m-1) (Blank).
(n) Evidence of intent to forgo his or her parental
rights, whether or not the child is a ward of the court,
(1) as manifested by his or her failure for a period of 12
months: (i) to visit the child, (ii) to communicate with
the child or agency, although able to do so and not
prevented from doing so by an agency or by court order, or
(iii) to maintain contact with or plan for the future of
the child, although physically able to do so, or (2) as
manifested by the father's failure, where he and the
mother of the child were unmarried to each other at the
time of the child's birth, (i) to commence legal
proceedings to establish his paternity under the Illinois
Parentage Act of 1984, the Illinois Parentage Act of 2015,
or the law of the jurisdiction of the child's birth within
30 days of being informed, pursuant to Section 12a of this
Act, that he is the father or the likely father of the
child or, after being so informed where the child is not

yet born, within 30 days of the child's birth, or (ii) to
make a good faith effort to pay a reasonable amount of the
expenses related to the birth of the child and to provide a
reasonable amount for the financial support of the child,
the court to consider in its determination all relevant
circumstances, including the financial condition of both
parents; provided that the ground for termination provided
in this subparagraph (n)(2)(ii) shall only be available
where the petition is brought by the mother or the husband
of the mother.
Contact or communication by a parent with his or her
child that does not demonstrate affection and concern does
not constitute reasonable contact and planning under
subdivision (n). In the absence of evidence to the
contrary, the ability to visit, communicate, maintain
contact, pay expenses and plan for the future shall be
presumed. The subjective intent of the parent, whether
expressed or otherwise, unsupported by evidence of the
foregoing parental acts manifesting that intent, shall not
preclude a determination that the parent has intended to
forgo his or her parental rights. In making this
determination, the court may consider but shall not
require a showing of diligent efforts by an authorized
agency to encourage the parent to perform the acts
specified in subdivision (n).
It shall be an affirmative defense to any allegation

under paragraph (2) of this subsection that the father's
failure was due to circumstances beyond his control or to
impediments created by the mother or any other person
having legal custody. Proof of that fact need only be by a
preponderance of the evidence.
(o) Repeated or continuous failure by the parents,
although physically and financially able, to provide the
child with adequate food, clothing, or shelter.
(p) Inability to discharge parental responsibilities
supported by competent evidence from a psychiatrist,
licensed clinical social worker, or clinical psychologist
of mental impairment, mental illness or an intellectual
disability as defined in Section 1-116 of the Mental
Health and Developmental Disabilities Code, or
developmental disability as defined in Section 1-106 of
that Code, and there is sufficient justification to
believe that the inability to discharge parental
responsibilities shall extend beyond a reasonable time
period. However, this subdivision (p) shall not be
construed so as to permit a licensed clinical social
worker to conduct any medical diagnosis to determine
mental illness or mental impairment.
(q) (Blank).
(r) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated as a result of

criminal conviction at the time the petition or motion for
termination of parental rights is filed, prior to
incarceration the parent had little or no contact with the
child or provided little or no support for the child, and
the parent's incarceration will prevent the parent from
discharging his or her parental responsibilities for the
child for a period in excess of 2 years after the filing of
the petition or motion for termination of parental rights.
(s) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated at the time the
petition or motion for termination of parental rights is
filed, the parent has been repeatedly incarcerated as a
result of criminal convictions, and the parent's repeated
incarceration has prevented the parent from discharging
his or her parental responsibilities for the child.
(t) A finding that at birth the child's blood, urine,
or meconium contained any amount of a controlled substance
as defined in subsection (f) of Section 102 of the
Illinois Controlled Substances Act, or a metabolite of a
controlled substance, with the exception of controlled
substances or metabolites of such substances, the presence
of which in the newborn infant was the result of medical
treatment administered to the mother or the newborn
infant, and that the biological mother of this child is
the biological mother of at least one other child who was

adjudicated a neglected minor under subsection (c) of
Section 2-3 of the Juvenile Court Act of 1987, after which
the biological mother had the opportunity to enroll in and
participate in a clinically appropriate substance abuse
counseling, treatment, and rehabilitation program.
E. "Parent" means a person who is the legal mother or legal
father of the child as defined in subsection X or Y of this
Section. For the purpose of this Act, a parent who has executed
a consent to adoption, a surrender, or a waiver pursuant to
Section 10 of this Act, who has signed a Denial of Paternity
pursuant to Section 12 of the Vital Records Act or Section 12a
of this Act, or whose parental rights have been terminated by a
court, is not a parent of the child who was the subject of the
consent, surrender, waiver, or denial unless (1) the consent
is void pursuant to subsection O of Section 10 of this Act; or
(2) the person executed a consent to adoption by a specified
person or persons pursuant to subsection A-1 of Section 10 of
this Act and a court of competent jurisdiction finds that the
consent is void; or (3) the order terminating the parental
rights of the person is vacated by a court of competent
jurisdiction.
F. A person is available for adoption when the person is:
(a) a child who has been surrendered for adoption to
an agency and to whose adoption the agency has thereafter
consented;
(b) a child to whose adoption a person authorized by

law, other than his parents, has consented, or to whose
adoption no consent is required pursuant to Section 8 of
this Act;
(c) a child who is in the custody of persons who intend
to adopt him through placement made by his parents;
(c-1) a child for whom a parent has signed a specific
consent pursuant to subsection O of Section 10;
(d) an adult who meets the conditions set forth in
Section 3 of this Act; or
(e) a child who has been relinquished as defined in
Section 10 of the Abandoned Newborn Infant Protection Act.
A person who would otherwise be available for adoption
shall not be deemed unavailable for adoption solely by reason
of his or her death.
G. The singular includes the plural and the plural
includes the singular and the "male" includes the "female", as
the context of this Act may require.
H. (Blank).
I. "Habitual residence" has the meaning ascribed to it in
the federal Intercountry Adoption Act of 2000 and regulations
promulgated thereunder.
J. "Immediate relatives" means the biological parents, the
parents of the biological parents and siblings of the
biological parents.
K. "Intercountry adoption" is a process by which a child
from a country other than the United States is adopted by

persons who are habitual residents of the United States, or
the child is a habitual resident of the United States who is
adopted by persons who are habitual residents of a country
other than the United States.
L. (Blank).
M. "Interstate Compact on the Placement of Children" is a
law enacted by all states and certain territories for the
purpose of establishing uniform procedures for handling the
interstate placement of children in foster homes, adoptive
homes, or other child care facilities.
N. (Blank).
O. "Preadoption requirements" means any conditions or
standards established by the laws or administrative rules of
this State that must be met by a prospective adoptive parent
prior to the placement of a child in an adoptive home.
P. "Abused child" means a child whose parent or immediate
family member, or any person responsible for the child's
welfare, or any individual residing in the same home as the
child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to be
inflicted upon the child physical injury, by other than
accidental means, that causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury to
the child by other than accidental means which would be

likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of any
bodily function;
(c) commits or allows to be committed any sex offense
against the child, as sex offenses are defined in the
Criminal Code of 2012 and extending those definitions of
sex offenses to include children under 18 years of age;
(d) commits or allows to be committed an act or acts of
torture upon the child; or
(e) inflicts excessive corporal punishment.
Q. "Neglected child" means any child whose parent or other
person responsible for the child's welfare withholds or denies
nourishment or medically indicated treatment including food or
care denied solely on the basis of the present or anticipated
mental or physical impairment as determined by a physician
acting alone or in consultation with other physicians or
otherwise does not provide the proper or necessary support,
education as required by law, or medical or other remedial
care recognized under State law as necessary for a child's
well-being, or other care necessary for his or her well-being,
including adequate food, clothing and shelter; or who is
abandoned by his or her parents or other person responsible
for the child's welfare.
A child shall not be considered neglected or abused for
the sole reason that the child's parent or other person
responsible for his or her welfare depends upon spiritual

means through prayer alone for the treatment or cure of
disease or remedial care as provided under Section 4 of the
Abused and Neglected Child Reporting Act. A child shall not be
considered neglected or abused for the sole reason that the
child's parent or other person responsible for the child's
welfare failed to vaccinate, delayed vaccination, or refused
vaccination for the child due to a waiver on religious or
medical grounds as permitted by law.
R. "Putative father" means a man who may be a child's
father, but who (1) is not married to the child's mother on or
before the date that the child was or is to be born and (2) has
not established paternity of the child in a court proceeding
before the filing of a petition for the adoption of the child.
The term includes a male who is less than 18 years of age.
"Putative father" does not mean a man who is the child's father
as a result of criminal sexual abuse or assault as defined
under Article 11 of the Criminal Code of 2012.
S. "Standby adoption" means an adoption in which a parent
consents to custody and termination of parental rights to
become effective upon the occurrence of a future event, which
is either the death of the parent or the request of the parent
for the entry of a final judgment of adoption.
T. (Blank).
T-5. "Biological parent", "birth parent", or "natural
parent" of a child are interchangeable terms that mean a
person who is biologically or genetically related to that

child as a parent.
U. "Interstate adoption" means the placement of a minor
child with a prospective adoptive parent for the purpose of
pursuing an adoption for that child that is subject to the
provisions of the Interstate Compact on the Placement of
Children.
V. (Blank).
W. (Blank).
X. "Legal father" of a child means a man who is recognized
as or presumed to be that child's father:
(1) because of his marriage to or civil union with the
child's parent at the time of the child's birth or within
300 days prior to that child's birth, unless he signed a
denial of paternity pursuant to Section 12 of the Vital
Records Act or a waiver pursuant to Section 10 of this Act;
or
(2) because his paternity of the child has been
established pursuant to the Illinois Parentage Act, the
Illinois Parentage Act of 1984, or the Gestational
Surrogacy Act; or
(3) because he is listed as the child's father or
parent on the child's birth certificate, unless he is
otherwise determined by an administrative or judicial
proceeding not to be the parent of the child or unless he
rescinds his acknowledgment of paternity pursuant to the
Illinois Parentage Act of 1984; or

(4) because his paternity or adoption of the child has
been established by a court of competent jurisdiction.
The definition in this subsection X shall not be construed
to provide greater or lesser rights as to the number of parents
who can be named on a final judgment order of adoption or
Illinois birth certificate that otherwise exist under Illinois
law.
Y. "Legal mother" of a child means a woman who is
recognized as or presumed to be that child's mother:
(1) because she gave birth to the child except as
provided in the Gestational Surrogacy Act; or
(2) because her maternity of the child has been
established pursuant to the Illinois Parentage Act of 1984
or the Gestational Surrogacy Act; or
(3) because her maternity or adoption of the child has
been established by a court of competent jurisdiction; or
(4) because of her marriage to or civil union with the
child's other parent at the time of the child's birth or
within 300 days prior to the time of birth; or
(5) because she is listed as the child's mother or
parent on the child's birth certificate unless she is
otherwise determined by an administrative or judicial
proceeding not to be the parent of the child.
The definition in this subsection Y shall not be construed
to provide greater or lesser rights as to the number of parents
who can be named on a final judgment order of adoption or

Illinois birth certificate that otherwise exist under Illinois
law.
Z. "Department" means the Illinois Department of Children
and Family Services.
AA. "Placement disruption" means a circumstance where the
child is removed from an adoptive placement before the
adoption is finalized.
BB. "Secondary placement" means a placement, including but
not limited to the placement of a youth in care as defined in
Section 4d of the Children and Family Services Act, that
occurs after a placement disruption or an adoption
dissolution. "Secondary placement" does not mean secondary
placements arising due to the death of the adoptive parent of
the child.
CC. "Adoption dissolution" means a circumstance where the
child is removed from an adoptive placement after the adoption
is finalized.
DD. "Unregulated placement" means the secondary placement
of a child that occurs without the oversight of the courts, the
Department, or a licensed child welfare agency.
EE. "Post-placement and post-adoption support services"
means support services for placed or adopted children and
families that include, but are not limited to, mental health
treatment, including counseling and other support services for
emotional, behavioral, or developmental needs, and treatment
for substance abuse.

(Source: P.A. 100-159, eff. 8-18-17; 101-155, eff. 1-1-20;
101-529, eff. 1-1-20; revised 9-17-19.)
Section 795. The Probate Act of 1975 is amended by
changing Section 11-1 as follows:
(755 ILCS 5/11-1) (from Ch. 110 1/2, par. 11-1)
Sec. 11-1. Definitions. As used in this Article:
"Administrative separation" means a parent's, legal
guardian's, legal custodian's, or primary caretaker's: (1)
arrest, detention, incarceration, removal, or deportation in
connection with federal immigration enforcement; or (2)
receipt of official communication by federal, State, or local
authorities regarding immigration enforcement that gives
reasonable notice that care and supervision of the child by
the parent, legal guardian, legal custodian, or primary
caretaker will be interrupted or cannot be provided.
"Minor" means is a person who has not attained the age of
18 years. A person who has attained the age of 18 years is of
legal age for all purposes except as otherwise provided in the
Illinois Uniform Transfers to Minors Act.
(Source: P.A. 101-120, eff. 7-23-19; revised 9-12-19.)
Section 800. The Illinois Residential Real Property
Transfer on Death Instrument Act is amended by changing
Section 5 as follows:

(755 ILCS 27/5)
Sec. 5. Definitions. In this Act:
"Beneficiary" means a person that receives residential
real estate under a transfer on death instrument.
"Designated beneficiary" means a person designated to
receive residential real estate in a transfer on death
instrument.
"Joint owner" means an individual who owns residential
real estate concurrently with one or more other individuals
with a right of survivorship. The term includes a joint tenant
or a tenant by the entirety. The term does not include a tenant
in common.
"Owner" means an individual who makes a transfer on death
instrument.
"Person" means an individual, corporation, business trust,
land trust, estate, inter vivos inter-vivos revocable or
irrevocable trust, testamentary trust, partnership, limited
liability company, association, joint venture, public
corporation, government or governmental subdivision, agency,
or instrumentality, or any other legal or commercial entity.
"Residential real estate" means real property improved
with not less than one nor more than 4 residential dwelling
units; a residential condominium unit, including, but not
limited to, the common elements allocated to the exclusive use
thereof that form an integral part of the condominium unit and

any parking unit or units specified by the declaration to be
allocated to a specific residential condominium unit; or a
single tract of agriculture real estate consisting of 40 acres
or less which is improved with a single family residence. If a
declaration of condominium ownership provides for individually
owned and transferable parking units, "residential real
estate" does not include the parking unit of a specific
residential condominium unit unless the parking unit is
included in the legal description of the property being
transferred by a transfer on death instrument.
"Transfer on death instrument" means an instrument
authorized under this Act.
(Source: P.A. 97-555, eff. 1-1-12; 98-821, eff. 1-1-15;
revised 7-16-19.)
Section 805. The Illinois Trust Code is amended by
changing Sections 816, 913, 1005, and 1219 as follows:
(760 ILCS 3/816)
Sec. 816. Specific powers of trustee. Without limiting the
authority conferred by Section 815, a trustee may:
(1) collect trust property and accept or reject
additions to the trust property from a settlor or any
other person;
(2) acquire or sell property, for cash or on credit,
at public or private sale;

(3) exchange, partition, or otherwise change the
character of trust property;
(4) deposit trust money in an account in a regulated
financial-service institution;
(5) borrow money, with or without security, and
mortgage or pledge or otherwise encumber trust property
for a period within or extending beyond the duration of
the trust;
(6) with respect to an interest in a proprietorship,
partnership, limited liability company, business trust,
corporation, or other form of business or enterprise,
continue the business or other enterprise and take any
action that may be taken by shareholders, members, or
property owners, including merging, dissolving, pledging
other trust assets or guaranteeing a debt obligation of
the business or enterprise, or otherwise changing the form
of business organization or contributing additional
capital;
(7) with respect to stocks or other securities,
exercise the rights of an absolute owner, including the
right to:
(A) vote, or give proxies to vote, with or without
power of substitution, or enter into or continue a
voting trust agreement;
(B) hold a security in the name of a nominee or in
other form without disclosure of the trust so that

title may pass by delivery;
(C) pay calls, assessments, and other sums
chargeable or accruing against the securities, and
sell or exercise stock subscription or conversion
rights;
(D) deposit the securities with a depository or
other regulated financial-service institution; and
(E) participate in mergers, consolidations,
foreclosures, reorganizations, and liquidations;
(8) with respect to an interest in real property,
construct, or make ordinary or extraordinary repairs to,
alterations to, or improvements in, buildings or other
structures, demolish improvements, raze existing or erect
new party walls or buildings, subdivide or develop land,
dedicate any interest in real estate, dedicate land to
public use or grant public or private easements, enter
into contracts relating to real estate, and make or vacate
plats and adjust boundaries;
(9) enter into a lease for any purpose as lessor or
lessee, including a lease or other arrangement for
exploration and removal of natural resources, with or
without the option to purchase or renew, for a period
within or extending beyond the duration of the trust;
(10) grant an option involving a sale, lease, or other
disposition of trust property or acquire an option for the
acquisition of property, including an option exercisable

beyond the duration of the trust, and exercise an option
so acquired;
(11) insure the property of the trust against damage
or loss and insure the trustee, the trustee's agents, and
beneficiaries against liability arising from the
administration of the trust;
(12) abandon or decline to administer property of no
value or of insufficient value to justify its collection
or continued administration;
(13) with respect to possible liability for violation
of environmental law:
(A) inspect or investigate property the trustee
holds or has been asked to hold, or property owned or
operated by an organization in which the trustee holds
or has been asked to hold an interest, for the purpose
of determining the application of environmental law
with respect to the property;
(B) take action to prevent, abate, or otherwise
remedy any actual or potential violation of any
environmental law affecting property held directly or
indirectly by the trustee, whether taken before or
after the assertion of a claim or the initiation of
governmental enforcement;
(C) decline to accept property into trust or
disclaim any power with respect to property that is or
may be burdened with liability for violation of

environmental law;
(D) compromise claims against the trust that may
be asserted for an alleged violation of environmental
law; and
(E) pay the expense of any inspection, review,
abatement, or remedial action to comply with
environmental law;
(14) pay, contest, prosecute, or abandon any claim,
settle a claim or charges in favor of or against the trust,
and release, in whole or in part, a claim belonging to the
trust;
(15) pay taxes, assessments, compensation of the
trustee and of employees and agents of the trust, and
other expenses incurred in the administration of the
trust;
(16) exercise elections with respect to federal,
state, and local taxes;
(17) select a mode of payment under any employee
benefit or retirement plan, annuity, or life insurance
payable to the trustee, exercise rights related to the
employee benefit or retirement plan, annuity, or life
insurance payable to the trustee, including exercise the
right to indemnification for expenses and against
liabilities, and take appropriate action to collect the
proceeds;
(18) make loans out of trust property, including loans

to a beneficiary on terms and conditions the trustee
considers to be fair and reasonable under the
circumstances, and the trustee has a lien on future
distributions for repayment of those loans;
(19) pledge trust property to guarantee loans made by
others to the beneficiary;
(20) appoint a trustee to act in another jurisdiction
to act as sole or co-trustee with respect to any part or
all of trust property located in the other jurisdiction,
confer upon the appointed trustee any or all of the
rights, powers, and duties of the appointing trustee,
require that the appointed trustee furnish security, and
remove any trustee so appointed;
(21) distribute income and principal in one or more of
the following ways, without being required to see to the
application of any distribution, as the trustee believes
to be for the best interests of any beneficiary who at the
time of distribution is incapacitated or in the opinion of
the trustee is unable to manage property or business
affairs because of incapacity:
(A) directly to the beneficiary;
(B) to the guardian of the estate, or if none, the
guardian of the person of the beneficiary;
(C) to a custodian for the beneficiary under any
state's Uniform Transfers to Minors Act, Uniform Gifts
to Minors Act or Uniform Custodial Trust Act, and, for

that purpose, to create a custodianship or custodial
trust;
(D) to an adult relative of the beneficiary to be
expended on the beneficiary's behalf;
(E) by expending the money or using the property
directly for the benefit of the beneficiary;
(F) to a trust, created before the distribution
becomes payable, for the sole benefit of the
beneficiary and those dependent upon the beneficiary
during his or her lifetime, to be administered as a
part of the trust, except that any amount distributed
to the trust under this subparagraph (F) shall be
separately accounted for by the trustee of the trust
and shall be indefeasibly vested in the beneficiary so
that if the beneficiary dies before complete
distribution of the amounts, the amounts and the
accretions, earnings, and income, if any, shall be
paid to the beneficiary's estate, except that this
subparagraph (F) does not apply to the extent that it
would cause a trust otherwise qualifying for the
federal estate tax marital deduction not to qualify;
and
(G) by managing it as a separate fund on the
beneficiary's behalf, subject to the beneficiary's
continuing right to withdraw the distribution;
(22) on distribution of trust property or the division

or termination of a trust, make distributions in divided
or undivided interests, allocate particular assets in
proportionate or disproportionate shares, value the trust
property for those purposes, and adjust for resulting
differences in valuation;
(23) resolve a dispute concerning the interpretation
of the trust or its administration by judicial proceeding,
nonjudicial settlement agreement under Section 111,
mediation, arbitration, or other procedure for alternative
dispute resolution;
(24) prosecute or defend an action, claim, or judicial
proceeding in any jurisdiction to protect trust property
and the trustee in the performance of the trustee's
duties;
(25) execute contracts, notes, conveyances, and other
instruments that are useful to achieve or facilitate the
exercise of the trustee's powers, regardless of whether
the instruments contain covenants and warranties binding
upon and creating a charge against the trust estate or
excluding personal liability;
(26) on termination of the trust, exercise the powers
appropriate to wind up the administration of the trust and
distribute the trust property to the persons entitled to
it;
(27) enter into agreements for bank or other deposit
accounts, safe deposit boxes, or custodian, agency, or

depository arrangements for all or any part of the trust
estate, including, to the extent fair to the
beneficiaries, agreements for services provided by a bank
operated by or affiliated with the trustee, and to pay
reasonable compensation for those services, including, to
the extent fair to the beneficiaries, compensation to the
bank operated by or affiliated with the trustee, except
that nothing in this Section shall be construed as
removing any depository arrangements from the requirements
of the prudent investor rule;
(28) engage attorneys, auditors, financial advisors,
and other agents and pay reasonable compensation to such
persons;
(29) invest in or hold undivided interests in
property;
(30) if fair to the beneficiaries, deal with the
executor, trustee, or other representative of any other
trust or estate in which a beneficiary of the trust has an
interest, even if the trustee is an executor, trustee, or
other representative of the other trust or estate;
(31) make equitable division or distribution in cash
or in kind, or both, and for that purpose may value any
property divided or distributed in kind;
(32) rely upon an affidavit, certificate, letter, or
other evidence reasonably believed to be genuine and on
the basis of any such evidence to make any payment or

distribution in good faith without liability;
(33) except as otherwise directed by the court, have
all of the rights, powers, and duties given to or imposed
upon the trustee by law and the terms of the trust during
the period between the termination of the trust and the
distribution of the trust assets and during any period in
which any litigation is pending that may void or
invalidate the trust in whole or in part or affect the
rights, powers, duties, or discretions of the trustee;
(34) plant and harvest crops; breed, raise, purchase,
and sell livestock; lease land, equipment, or livestock
for cash or on shares, purchase and sell, exchange or
otherwise acquire or dispose of farm equipment and farm
produce of all kinds; make improvements, construct,
repair, or demolish and remove any buildings, structures,
or fences, engage agents, managers, and employees and
delegate powers to them; engage in drainage and
conservation programs; terrace, clear, ditch, and drain
lands and install irrigation systems; replace improvements
and equipment; fertilize and improve the soil; engage in
the growing, improvement, and sale of trees and other
forest crops; participate or decline to participate in
governmental agricultural or land programs; and perform
such acts as the trustee deems appropriate using such
methods as are commonly employed by other farm owners in
the community in which the farm property is located;

(35) drill, mine, and otherwise operate for the
development of oil, gas, and other minerals; enter into
contracts relating to the installation and operation of
absorption and repressuring plants; enter into unitization
or pooling agreements for any purpose including primary,
secondary, or tertiary recovery; place and maintain
pipelines pipe lines; execute oil, gas, and mineral
leases, division and transfer orders, grants, deeds,
releases and assignments, and other instruments;
participate in a cooperative coal marketing association or
similar entity; and perform such other acts as the trustee
deems appropriate using such methods as are commonly
employed by owners of similar interests in the community
in which the interests are located;
(36) continue an unincorporated business and
participate in its management by having the trustee or one
or more agents of the trustee act as a manager with
appropriate compensation from the business and incorporate
the business;
(37) continue a business in the partnership form and
participate in its management by having the trustee or one
or more agents of the trustee act as a partner, limited
partner, or employee with appropriate compensation from
the business; enter into new partnership agreements and
incorporate the business; and, with respect to activities
under this paragraph (37), the trustee or the agent or

agents of the trustee shall not be personally liable to
third persons with respect to actions not sounding in tort
unless the trustee or agent fails to identify the trust
estate and disclose that the trustee or agent is acting in
a representative capacity, except that nothing in this
paragraph impairs in any way the liability of the trust
estate with respect to activities under this paragraph
(37) to the extent of the assets of the trust estate; .
(38) Release, by means of any written renunciation,
relinquishment, surrender, refusal to accept,
extinguishment, and any other form of release, any power
granted to the trustee by applicable law or the terms of a
trust and held by such trustee in its fiduciary capacity,
including any power to invade property, any power to
alter, amend, or revoke any instrument, whether or not
such release causes a termination of any right or interest
thereunder, and any power remaining where one or more
partial releases have heretofore or hereafter been made
with respect to such power, whether heretofore or
hereafter created or reserved as to: (i) any property that
is subject thereto; (ii) any one or more of the objects
thereof; or (iii) limit in any other respect the extent to
which it may be exercised. The release may be permanent or
applicable only for a specific time and may apply only to
the trustee executing the release or the trustee and all
future trustees, successor trustees, and co-trustees of

the trust acting at any time or from time to time.
(Source: P.A. 101-48, eff. 1-1-20; revised 8-6-19.)
(760 ILCS 3/913)
Sec. 913. Life insurance.
(a) Notwithstanding any other provision, the duties of a
trustee with respect to acquiring or retaining as a trust
asset a contract of insurance upon the life of the settlor,
upon the lives of the settlor and the settlor's spouse, or upon
the life of any person for which the trustee has an insurable
interest in accordance with Section 113, do not include any of
the following duties:
(1) to determine whether any contract of life
insurance in the trust, or to be acquired by the trust, is
or remains a proper investment, including, without
limitation, with respect to:
(A) the type of insurance contract;
(B) the quality of the insurance contract;
(C) the quality of the insurance company; or
(D) the investments held within the insurance
contract; .
(2) to diversify the investment among different
policies or insurers, among available asset classes, or
within an insurance contract;
(3) to inquire about or investigate into the health or
financial condition of an insured;

(4) to prevent the lapse of a life insurance contract
if the trust does not receive contributions or hold other
readily marketable assets to pay the life insurance
contract premiums; or
(5) to exercise any policy options, rights, or
privileges available under any contract of life insurance
in the trust, including any right to borrow the cash value
or reserve of the policy, acquire a paid-up policy, or
convert to a different policy.
(b) The trustee is not liable to the beneficiaries of the
trust, the beneficiaries of the contract of insurance, or to
any other party for loss arising from the absence of these
duties regarding insurance contracts under this Section.
(c) This Section applies to an irrevocable trust created
after the effective date of this Code or to a revocable trust
that becomes irrevocable after the effective date of this
Code. The trustee of a trust described under this Section
established before the effective date of this Code shall
notify the settlor in writing that, unless the settlor
provides written notice to the contrary to the trustee within
90 days of the trustee's notice, this Section applies to the
trust. This Section does not apply if, within 90 days of the
trustee's notice, the settlor notifies the trustee in writing
that this Section does not apply. If the settlor is deceased,
then the trustee shall give notice to all of the legally
competent current beneficiaries, and this Section applies to

the trust unless the majority of the beneficiaries notify the
trustee to the contrary in writing within 90 days of the
trustee's notice.
(Source: P.A. 101-48, eff. 1-1-20; revised 8-6-19.)
(760 ILCS 3/1005)
Sec. 1005. Limitation on action against trustee.
(a) A beneficiary may not commence a proceeding against a
trustee for breach of trust for any matter disclosed in
writing by a trust accounting, or otherwise as provided in
Sections 813.1, 813.2, and Section 1102, after the date on
which the disclosure becomes binding upon the beneficiary as
provided below:
(1) With respect to a trust that becomes irrevocable
after the effective date of this Code and to trustees
accepting appointment after the effective date of this
Code, a matter disclosed in writing by a trust accounting
or otherwise pursuant to Section 813.1 and Section 1102 is
binding on each person who receives the information and
each person represented as provided in Article 3 by a
person who receives the information, and all of the
person's respective successors, representatives, heirs,
and assigns, unless an action against the trustee is
instituted within 2 years after the date the information
is furnished. A trust accounting or other communication
adequately discloses the existence of a potential claim

for breach of trust if it provides sufficient information
so that the person entitled to receive the information
knows of the potential claim or should have inquired into
its existence.
(2) With respect to a trust that became irrevocable
before the effective date of this Code or a trustee that
accepted appointment before the effective date of this
Code, a current account is binding on each beneficiary
receiving the account and on the beneficiary's heirs and
assigns unless an action against the trustee is instituted
by the beneficiary or the beneficiary's heirs and assigns
within 3 years after the date the current account is
furnished, and a final accounting is binding on each
beneficiary receiving the final accounting and all persons
claiming by or through the beneficiary, unless an action
against the trustee is instituted by the beneficiary or
person claiming by or through him or her within 3 years
after the date the final account is furnished. If the
account is provided to the representative of the estate of
the beneficiary or to a spouse, parent, adult child, or
guardian of the person of the beneficiary, the account is
binding on the beneficiary unless an action is instituted
against the trustee by the representative of the estate of
the beneficiary or by the spouse, parent, adult child, or
guardian of the person to whom the account is furnished
within 3 years after the date it is furnished.

(3) Notwithstanding paragraphs (1) and (2), with
respect to trust estates that terminated and were
distributed 10 years or less before January 1, 1988, the
final account furnished to the beneficiaries entitled to
distribution of the trust estate is binding on the
beneficiaries receiving the final account, and all persons
claiming by or through them, unless an action against the
trustee is instituted by the beneficiary or person
claiming by or through him or her within 5 years after
January 1, 1988 or within 10 years after the date the final
account was furnished, whichever is longer.
(4) Notwithstanding paragraphs (1), (2) and (3), with
respect to trust estates that terminated and were
distributed more than 10 years before January 1, 1988, the
final account furnished to the beneficiaries entitled to
distribution of the trust estate is binding on the
beneficiaries receiving the final account, and all persons
claiming by or through them, unless an action against the
trustee is instituted by the beneficiary or person
claiming by or through him or her within 2 years after
January 1, 1988.
(b) Unless barred earlier under subsection (a), a judicial
proceeding by a beneficiary against a trustee for breach of
trust must be commenced within 5 years after the first to occur
of:
(1) the removal, resignation, or death of the trustee;

(2) the termination of the beneficiary's interest in
the trust; or
(3) the termination of the trust.
(c) Notwithstanding any other provision of this Section, a
beneficiary may bring any action against the trustee for
fraudulent concealment within the time limit set forth in
Section 13-215 of the Code of Civil Procedure.
(Source: P.A. 101-48, eff. 1-1-20; revised 8-6-19.)
(760 ILCS 3/1219)
Sec. 1219. Tax-related limitations.
(a) In this Section:
(1) "Grantor trust" means a trust as to which a
settlor of a first trust is considered the owner under
Sections 671 through 677 of the Internal Revenue Code or
Section 679 of the Internal Revenue Code.
(2) "Nongrantor trust" means a trust that is not a
grantor trust.
(3) "Qualified benefits property" means property
subject to the minimum distribution requirements of
Section 401(a)(9) of the Internal Revenue Code, and any
applicable regulations, or to any similar requirements
that refer to Section 401(a)(9) of the Internal Revenue
Code or the regulations.
(b) An exercise of the decanting power is subject to the
following limitations:

(1) If a first trust contains property that qualified,
or would have qualified but for provisions of this Article
other than this Section, for a marital deduction for
purposes of the gift or estate tax under the Internal
Revenue Code or a state gift, estate, or inheritance tax,
the second-trust instrument must not include or omit any
term that, if included in or omitted from the trust
instrument for the trust to which the property was
transferred, would have prevented the transfer from
qualifying for the deduction, or would have reduced the
amount of the deduction, under the same provisions of the
Internal Revenue Code or state law under which the
transfer qualified.
(2) If the first trust contains property that
qualified, or would have qualified but for provisions of
this Article other than this Section, for a charitable
deduction for purposes of the income, gift, or estate tax
under the Internal Revenue Code or a state income, gift,
estate, or inheritance tax, the second-trust instrument
must not include or omit any term that, if included in or
omitted from the trust instrument for the trust to which
the property was transferred, would have prevented the
transfer from qualifying for the deduction, or would have
reduced the amount of the deduction, under the same
provisions of the Internal Revenue Code or state law under
which the transfer qualified.

(3) If the first trust contains property that
qualified, or would have qualified but for provisions of
this Article other than this Section, for the exclusion
from the gift tax described in Section 2503(b) of the
Internal Revenue Code, the second-trust instrument must
not include or omit a term that, if included in or omitted
from the trust instrument for the trust to which the
property was transferred, would have prevented the
transfer from qualifying under the same provision of
Section 2503 of the Internal Revenue Code. If the first
trust contains property that qualified, or would have
qualified but for provisions of this Article other than
this Section, for the exclusion from the gift tax
described in Section 2503(b) of the Internal Revenue Code,
by application of Section 2503(c) of the Internal Revenue
Code, the second-trust instrument must not include or omit
a term that, if included or omitted from the trust
instrument for the trust to which the property was
transferred, would have prevented the transfer from
qualifying under Section 2503(c) of the Internal Revenue
Code.
(4) If the property of the first trust includes shares
of stock in an S corporation, as defined in Section 1361 of
the Internal Revenue Code and the first trust is, or but
for provisions of this Article other than this Section
would be, a permitted shareholder under any provision of

Section 1361 of the Internal Revenue Code, an authorized
fiduciary may exercise the power with respect to part or
all of the S corporation S-corporation stock only if any
second trust receiving the stock is a permitted
shareholder under Section 1361(c)(2) of the Internal
Revenue Code. If the property of the first trust includes
shares of stock in an S corporation and the first trust is,
or but for provisions of this Article other than this
Section, would be, a qualified subchapter S subchapter-S
trust within the meaning of Section 1361(d) of the
Internal Revenue Code, the second-trust instrument must
not include or omit a term that prevents the second trust
from qualifying as a qualified subchapter S subchapter-S
trust.
(5) If the first trust contains property that
qualified, or would have qualified but for provisions of
this Article other than this Section, for a zero inclusion
ratio for purposes of the generation-skipping transfer tax
under Section 2642(c) of the Internal Revenue Code the
second-trust instrument must not include or omit a term
that, if included in or omitted from the first-trust
instrument, would have prevented the transfer to the first
trust from qualifying for a zero inclusion ratio under
Section 2642(a) of the Internal Revenue Code.
(6) If the first trust is directly or indirectly the
beneficiary of qualified benefits property, the

second-trust instrument may not include or omit any term
that, if included in or omitted from the first-trust
instrument, would have increased the minimum distributions
required with respect to the qualified benefits property
under Section 401(a)(9) of the Internal Revenue Code and
any applicable regulations, or any similar requirements
that refer to Section 401(a)(9) of the Internal Revenue
Code or the regulations. If an attempted exercise of the
decanting power violates the preceding sentence, the
trustee is deemed to have held the qualified benefits
property and any reinvested distributions of the property
as a separate share from the date of the exercise of the
power and Section 1222 applies to the separate share.
(7) If the first trust qualifies as a grantor trust
because of the application of Section 672(f)(2)(A) of the
Internal Revenue Code the second trust may not include or
omit a term that, if included in or omitted from the
first-trust instrument, would have prevented the first
trust from qualifying under Section 672(f)(2)(A) of the
Internal Revenue Code.
(8) In this paragraph (8), "tax benefit" means a
federal or state tax deduction, exemption, exclusion, or
other benefit not otherwise listed in this Section, except
for a benefit arising from being a grantor trust. Subject
to paragraph (9) of this subsection (b), a second-trust
instrument may not include or omit a term that, if

included in or omitted from the first-trust instrument,
would have prevented qualification for a tax benefit if:
(A) the first-trust instrument expressly indicates
an intent to qualify for the benefit or the
first-trust instrument clearly is designed to enable
the first trust to qualify for the benefit; and
(B) the transfer of property held by the first
trust or the first trust qualified, or but for
provisions of this Article other than this Section,
would have qualified for the tax benefit.
(9) Subject to paragraph (4) of this subsection (b):
(A) except as otherwise provided in paragraph (7)
of this subsection (b), the second trust may be a
nongrantor trust, even if the first trust is a grantor
trust; and
(B) except as otherwise provided in paragraph (10)
of this subsection (b), the second trust may be a
grantor trust, even if the first trust is a nongrantor
trust.
(10) An authorized fiduciary may not exercise the
decanting power if a settlor objects in a signed record
delivered to the fiduciary within the notice period and:
(A) the first trust and second trusts are both
grantor trusts, in whole or in part, the first trust
grants the settlor or another person the power to
cause the second trust to cease to be a grantor trust,

and the second trust does not grant an equivalent
power to the settlor or other person; or
(B) the first trust is a nongrantor trust and the
second trust is a grantor trust, in whole or in part,
with respect to the settlor, unless:
(i) the settlor has the power at all times to
cause the second trust to cease to be a grantor
trust; or
(ii) the first-trust instrument contains a
provision granting the settlor or another person a
power that would cause the first trust to cease to
be a grantor trust and the second-trust instrument
contains the same provision.
(Source: P.A. 101-48, eff. 1-1-20; revised 8-6-19.)
Section 810. The Charitable Trust Act is amended by
changing Section 1 as follows:
(760 ILCS 55/1) (from Ch. 14, par. 51)
Sec. 1. This Act may be cited as the Charitable Trust Act.
(Source: Laws 1961, p. 2094; revised 7-16-19.)
Section 815. The Mobile Home Landlord and Tenant Rights
Act is amended by changing Section 16 as follows:
(765 ILCS 745/16) (from Ch. 80, par. 216)

Sec. 16. Improper grounds for eviction. The following
conduct by a tenant shall not constitute grounds for eviction
or termination of the lease, nor shall an eviction order be
entered against a tenant:
(a) As a reprisal for the tenant's effort to secure or
enforce any rights under the lease or the laws of the State
of Illinois, or its governmental subdivisions of the
United States;
(b) As a reprisal for the tenant's good faith
complaint to a governmental authority of the park owner's
alleged violation of any health or safety law, regulation,
code or ordinance, or State law or regulation which has as
its objective the regulation of premises used for dwelling
purposes;
(c) As a reprisal for the tenant's being an organizer
or member of, or involved in any activities relative to a
homeowners' home owners association;
(d) As a reprisal for or on the basis of the tenant's
immigration or citizenship status.
(Source: P.A. 100-173, eff. 1-1-18; 101-439, eff. 8-21-19;
revised 9-4-20.)
Section 820. The Illinois Trade Secrets Act is amended by
changing Section 6 as follows:
(765 ILCS 1065/6) (from Ch. 140, par. 356)

Sec. 6. In an action under this Act, a court shall preserve
the secrecy of an alleged trade secret by reasonable means,
which may include granting protective orders in connection
with discovery proceedings, holding in camera in-camera
hearings, sealing the records of the action, and ordering any
person involved in the litigation not to disclose an alleged
trade secret without prior court approval.
(Source: P.A. 85-366; revised 7-16-19.)
Section 825. The Illinois Human Rights Act is amended by
changing Sections 1-103, 2-101, 2-108, 6-102, 7A-102, and
7A-103 as follows:
(775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
Sec. 1-103. General definitions. When used in this Act,
unless the context requires otherwise, the term:
(A) Age. "Age" means the chronological age of a person who
is at least 40 years old, except with regard to any practice
described in Section 2-102, insofar as that practice concerns
training or apprenticeship programs. In the case of training
or apprenticeship programs, for the purposes of Section 2-102,
"age" means the chronological age of a person who is 18 but not
yet 40 years old.
(B) Aggrieved party. "Aggrieved party" means a person who
is alleged or proved to have been injured by a civil rights
violation or believes he or she will be injured by a civil

rights violation under Article 3 that is about to occur.
(B-5) Arrest record. "Arrest record" means:
(1) an arrest not leading to a conviction;
(2) a juvenile record; or
(3) criminal history record information ordered
expunged, sealed, or impounded under Section 5.2 of the
Criminal Identification Act.
(C) Charge. "Charge" means an allegation filed with the
Department by an aggrieved party or initiated by the
Department under its authority.
(D) Civil rights violation. "Civil rights violation"
includes and shall be limited to only those specific acts set
forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
6-101, and 6-102 of this Act.
(E) Commission. "Commission" means the Human Rights
Commission created by this Act.
(F) Complaint. "Complaint" means the formal pleading filed
by the Department with the Commission following an
investigation and finding of substantial evidence of a civil
rights violation.
(G) Complainant. "Complainant" means a person including
the Department who files a charge of civil rights violation
with the Department or the Commission.
(H) Department. "Department" means the Department of Human
Rights created by this Act.

(I) Disability. "Disability" means a determinable physical
or mental characteristic of a person, including, but not
limited to, a determinable physical characteristic which
necessitates the person's use of a guide, hearing or support
dog, the history of such characteristic, or the perception of
such characteristic by the person complained against, which
may result from disease, injury, congenital condition of birth
or functional disorder and which characteristic:
(1) For purposes of Article 2, is unrelated to the
person's ability to perform the duties of a particular job
or position and, pursuant to Section 2-104 of this Act, a
person's illegal use of drugs or alcohol is not a
disability;
(2) For purposes of Article 3, is unrelated to the
person's ability to acquire, rent, or maintain a housing
accommodation;
(3) For purposes of Article 4, is unrelated to a
person's ability to repay;
(4) For purposes of Article 5, is unrelated to a
person's ability to utilize and benefit from a place of
public accommodation;
(5) For purposes of Article 5, also includes any
mental, psychological, or developmental disability,
including autism spectrum disorders.
(J) Marital status. "Marital status" means the legal
status of being married, single, separated, divorced, or

widowed.
(J-1) Military status. "Military status" means a person's
status on active duty in or status as a veteran of the armed
forces of the United States, status as a current member or
veteran of any reserve component of the armed forces of the
United States, including the United States Army Reserve,
United States Marine Corps Reserve, United States Navy
Reserve, United States Air Force Reserve, and United States
Coast Guard Reserve, or status as a current member or veteran
of the Illinois Army National Guard or Illinois Air National
Guard.
(K) National origin. "National origin" means the place in
which a person or one of his or her ancestors was born.
(K-5) "Order of protection status" means a person's status
as being a person protected under an order of protection
issued pursuant to the Illinois Domestic Violence Act of 1986,
Article 112A of the Code of Criminal Procedure of 1963, the
Stalking No Contact Order Act, or the Civil No Contact Order
Act, or an order of protection issued by a court of another
state.
(L) Person. "Person" includes one or more individuals,
partnerships, associations or organizations, labor
organizations, labor unions, joint apprenticeship committees,
or union labor associations, corporations, the State of
Illinois and its instrumentalities, political subdivisions,
units of local government, legal representatives, trustees in

bankruptcy or receivers.
(L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
or medical or common conditions related to pregnancy or
childbirth.
(M) Public contract. "Public contract" includes every
contract to which the State, any of its political
subdivisions, or any municipal corporation is a party.
(N) Religion. "Religion" includes all aspects of religious
observance and practice, as well as belief, except that with
respect to employers, for the purposes of Article 2,
"religion" has the meaning ascribed to it in paragraph (F) of
Section 2-101.
(O) Sex. "Sex" means the status of being male or female.
(O-1) Sexual orientation. "Sexual orientation" means
actual or perceived heterosexuality, homosexuality,
bisexuality, or gender-related identity, whether or not
traditionally associated with the person's designated sex at
birth. "Sexual orientation" does not include a physical or
sexual attraction to a minor by an adult.
(P) Unfavorable military discharge. "Unfavorable military
discharge" includes discharges from the Armed Forces of the
United States, their Reserve components, or any National Guard
or Naval Militia which are classified as RE-3 or the
equivalent thereof, but does not include those characterized
as RE-4 or "Dishonorable".
(Q) Unlawful discrimination. "Unlawful discrimination"

means discrimination against a person because of his or her
actual or perceived: race, color, religion, national origin,
ancestry, age, sex, marital status, order of protection
status, disability, military status, sexual orientation,
pregnancy, or unfavorable discharge from military service as
those terms are defined in this Section.
(Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19;
101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)
(775 ILCS 5/2-101)
Sec. 2-101. Definitions. The following definitions are
applicable strictly in the context of this Article.
(A) Employee.
(1) "Employee" includes:
(a) Any individual performing services for
remuneration within this State for an employer;
(b) An apprentice;
(c) An applicant for any apprenticeship.
For purposes of subsection (D) of Section 2-102 of
this Act, "employee" also includes an unpaid intern. An
unpaid intern is a person who performs work for an
employer under the following circumstances:
(i) the employer is not committed to hiring the
person performing the work at the conclusion of the
intern's tenure;
(ii) the employer and the person performing the

work agree that the person is not entitled to wages for
the work performed; and
(iii) the work performed:
(I) supplements training given in an
educational environment that may enhance the
employability of the intern;
(II) provides experience for the benefit of
the person performing the work;
(III) does not displace regular employees;
(IV) is performed under the close supervision
of existing staff; and
(V) provides no immediate advantage to the
employer providing the training and may
occasionally impede the operations of the
employer.
(2) "Employee" does not include:
(a) (Blank);
(b) Individuals employed by persons who are not
"employers" as defined by this Act;
(c) Elected public officials or the members of
their immediate personal staffs;
(d) Principal administrative officers of the State
or of any political subdivision, municipal corporation
or other governmental unit or agency;
(e) A person in a vocational rehabilitation
facility certified under federal law who has been

designated an evaluee, trainee, or work activity
client.
(B) Employer.
(1) "Employer" includes:
(a) Any person employing one or more employees
within Illinois during 20 or more calendar weeks
within the calendar year of or preceding the alleged
violation;
(b) Any person employing one or more employees
when a complainant alleges civil rights violation due
to unlawful discrimination based upon his or her
physical or mental disability unrelated to ability,
pregnancy, or sexual harassment;
(c) The State and any political subdivision,
municipal corporation or other governmental unit or
agency, without regard to the number of employees;
(d) Any party to a public contract without regard
to the number of employees;
(e) A joint apprenticeship or training committee
without regard to the number of employees.
(2) "Employer" does not include any place of worship,
religious corporation, association, educational
institution, society, or non-profit nursing institution
conducted by and for those who rely upon treatment by
prayer through spiritual means in accordance with the
tenets of a recognized church or religious denomination

with respect to the employment of individuals of a
particular religion to perform work connected with the
carrying on by such place of worship, corporation,
association, educational institution, society or
non-profit nursing institution of its activities.
(C) Employment Agency. "Employment Agency" includes both
public and private employment agencies and any person, labor
organization, or labor union having a hiring hall or hiring
office regularly undertaking, with or without compensation, to
procure opportunities to work, or to procure, recruit, refer
or place employees.
(D) Labor Organization. "Labor Organization" includes any
organization, labor union, craft union, or any voluntary
unincorporated association designed to further the cause of
the rights of union labor which is constituted for the
purpose, in whole or in part, of collective bargaining or of
dealing with employers concerning grievances, terms or
conditions of employment, or apprenticeships or applications
for apprenticeships, or of other mutual aid or protection in
connection with employment, including apprenticeships or
applications for apprenticeships.
(E) Sexual Harassment. "Sexual harassment" means any
unwelcome sexual advances or requests for sexual favors or any
conduct of a sexual nature when (1) submission to such conduct
is made either explicitly or implicitly a term or condition of
an individual's employment, (2) submission to or rejection of

such conduct by an individual is used as the basis for
employment decisions affecting such individual, or (3) such
conduct has the purpose or effect of substantially interfering
with an individual's work performance or creating an
intimidating, hostile or offensive working environment.
For purposes of this definition, the phrase "working
environment" is not limited to a physical location an employee
is assigned to perform his or her duties.
(E-1) Harassment. "Harassment" means any unwelcome conduct
on the basis of an individual's actual or perceived race,
color, religion, national origin, ancestry, age, sex, marital
status, order of protection status, disability, military
status, sexual orientation, pregnancy, unfavorable discharge
from military service, or citizenship status that has the
purpose or effect of substantially interfering with the
individual's work performance or creating an intimidating,
hostile, or offensive working environment. For purposes of
this definition, the phrase "working environment" is not
limited to a physical location an employee is assigned to
perform his or her duties.
(F) Religion. "Religion" with respect to employers
includes all aspects of religious observance and practice, as
well as belief, unless an employer demonstrates that he is
unable to reasonably accommodate an employee's or prospective
employee's religious observance or practice without undue
hardship on the conduct of the employer's business.

(G) Public Employer. "Public employer" means the State, an
agency or department thereof, unit of local government, school
district, instrumentality or political subdivision.
(H) Public Employee. "Public employee" means an employee
of the State, agency or department thereof, unit of local
government, school district, instrumentality or political
subdivision. "Public employee" does not include public
officers or employees of the General Assembly or agencies
thereof.
(I) Public Officer. "Public officer" means a person who is
elected to office pursuant to the Constitution or a statute or
ordinance, or who is appointed to an office which is
established, and the qualifications and duties of which are
prescribed, by the Constitution or a statute or ordinance, to
discharge a public duty for the State, agency or department
thereof, unit of local government, school district,
instrumentality or political subdivision.
(J) Eligible Bidder. "Eligible bidder" means a person who,
prior to contract award or prior to bid opening for State
contracts for construction or construction-related services,
has filed with the Department a properly completed, sworn and
currently valid employer report form, pursuant to the
Department's regulations. The provisions of this Article
relating to eligible bidders apply only to bids on contracts
with the State and its departments, agencies, boards, and
commissions, and the provisions do not apply to bids on

contracts with units of local government or school districts.
(K) Citizenship Status. "Citizenship status" means the
status of being:
(1) a born U.S. citizen;
(2) a naturalized U.S. citizen;
(3) a U.S. national; or
(4) a person born outside the United States and not a
U.S. citizen who is not an unauthorized alien and who is
protected from discrimination under the provisions of
Section 1324b of Title 8 of the United States Code, as now
or hereafter amended.
(Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 1-1-20;
101-430, eff. 7-1-20; revised 8-4-20.)
(775 ILCS 5/2-108)
(Section scheduled to be repealed on January 1, 2030)
Sec. 2-108. Employer disclosure requirements.
(A) Definitions. The following definitions are applicable
strictly to this Section:
(1) "Employer" means:
(a) any person employing one or more employees
within this State;
(b) a labor organization; or
(c) the State and any political subdivision,
municipal corporation, or other governmental unit or
agency, without regard to the number of employees.

(2) "Settlement" means any written commitment or
written agreement, including any agreed judgment,
stipulation, decree, agreement to settle, assurance of
discontinuance, or otherwise between an employee, as
defined by subsection (A) of Section 2-101, or a
nonemployee to whom an employer owes a duty under this Act
pursuant to subsection (A-10) or (D-5) of Section 2-102,
and an employer under which the employer directly or
indirectly provides to an individual compensation or other
consideration due to an allegation that the individual has
been a victim of sexual harassment or unlawful
discrimination under this Act.
(3) "Adverse judgment or administrative ruling" means
any final and non-appealable adverse judgment or final and
non-appealable administrative ruling entered in favor of
an employee as defined by subsection (A) of Section 2-101
or a nonemployee to whom an employer owes a duty under this
Act pursuant to subsection (A-10) or (D-5) of Section
2-102, and against the employer during the preceding year
in which there was a finding of sexual harassment or
unlawful discrimination brought under this Act, Title VII
of the Civil Rights Act of 1964, or any other federal,
State, or local law prohibiting sexual harassment or
unlawful discrimination.
(B) Required disclosures. Beginning July 1, 2020, and by
each July 1 thereafter, each employer that had an adverse

judgment or administrative ruling against it in the preceding
calendar year, as provided in this Section, shall disclose
annually to the Department of Human Rights the following
information:
(1) the total number of adverse judgments or
administrative rulings during the preceding year;
(2) whether any equitable relief was ordered against
the employer in any adverse judgment or administrative
ruling described in paragraph (1);
(3) how many adverse judgments or administrative
rulings described in paragraph (1) are in each of the
following categories:
(a) sexual harassment;
(b) discrimination or harassment on the basis of
sex;
(c) discrimination or harassment on the basis of
race, color, or national origin;
(d) discrimination or harassment on the basis of
religion;
(e) discrimination or harassment on the basis of
age;
(f) discrimination or harassment on the basis of
disability;
(g) discrimination or harassment on the basis of
military status or unfavorable discharge from military
status;

(h) discrimination or harassment on the basis of
sexual orientation or gender identity; and
(i) discrimination or harassment on the basis of
any other characteristic protected under this Act. ;
(C) Settlements. If the Department is investigating a
charge filed pursuant to this Act, the Department may request
the employer responding to the charge to submit the total
number of settlements entered into during the preceding 5
years, or less at the direction of the Department, that relate
to any alleged act of sexual harassment or unlawful
discrimination that:
(1) occurred in the workplace of the employer; or
(2) involved the behavior of an employee of the
employer or a corporate executive of the employer, without
regard to whether that behavior occurred in the workplace
of the employer.
The total number of settlements entered into during the
requested period shall be reported along with how many
settlements are in each of the following categories, when
requested by the Department pursuant to this subsection:
(a) sexual harassment;
(b) discrimination or harassment on the basis of sex;
(c) discrimination or harassment on the basis of race,
color, or national origin;
(d) discrimination or harassment on the basis of
religion;

(e) discrimination or harassment on the basis of age;
(f) discrimination or harassment on the basis of
disability;
(g) discrimination or harassment on the basis of
military status or unfavorable discharge from military
status;
(h) discrimination or harassment on the basis of
sexual orientation or gender identity; and
(i) discrimination or harassment on the basis of any
other characteristic protected under this Act;
The Department shall not rely on the existence of any
settlement agreement to support a finding of substantial
evidence under this Act.
(D) Prohibited disclosures. An employer may not disclose
the name of a victim of an act of alleged sexual harassment or
unlawful discrimination in any disclosures required under this
Section.
(E) Annual report. The Department shall publish an annual
report aggregating the information reported by employers under
subsection (B) of this Section such that no individual
employer data is available to the public. The report shall
include the number of adverse judgments or administrative
rulings filed during the preceding calendar year based on each
of the protected classes identified by this Act.
The report shall be filed with the General Assembly and
made available to the public by December 31 of each reporting

year. Data submitted by an employer to comply with this
Section is confidential and exempt from the Freedom of
Information Act.
(F) Failure to report and penalties. If an employer fails
to make any disclosures required under this Section, the
Department shall issue a notice to show cause giving the
employer 30 days to disclose the required information. If the
employer does not make the required disclosures within 30
days, the Department shall petition the Illinois Human Rights
Commission for entry of an order imposing a civil penalty
against the employer pursuant to Section 8-109.1. The civil
penalty shall be paid into the Department of Human Rights'
Training and Development Fund.
(G) Rules. The Department shall adopt any rules it deems
necessary for implementation of this Section.
(H) This Section is repealed on January 1, 2030.
(Source: P.A. 101-221, eff. 1-1-20; revised 9-12-19.)
(775 ILCS 5/6-102)
Sec. 6-102. Violations of other Acts. A person who
violates the Section 11-117-12.2 of the Illinois Municipal
Code, Section 224.05 of the Illinois Insurance Code, Section
8-201.5 of the Public Utilities Act, Sections 2-1401.1,
9-107.10, 9-107.11, and 15-1501.6 of the Code of Civil
Procedure, Section 4.05 of the Interest Act, the Military
Personnel Cellular Phone Contract Termination Act, Section

405-272 of the Civil Administrative Code of Illinois, Section
10-63 of the Illinois Administrative Procedure Act, Sections
30.25 and 30.30 of the Military Code of Illinois, Section 16 of
the Landlord and Tenant Act, Section 26.5 of the Retail
Installment Sales Act, or Section 37 of the Motor Vehicle
Leasing Act commits a civil rights violation within the
meaning of this Act.
(Source: P.A. 100-1101, eff. 1-1-19; revised 7-16-19.)
(775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
Sec. 7A-102. Procedures.
(A) Charge.
(1) Within 300 calendar days after the date that a
civil rights violation allegedly has been committed, a
charge in writing under oath or affirmation may be filed
with the Department by an aggrieved party or issued by the
Department itself under the signature of the Director.
(2) The charge shall be in such detail as to
substantially apprise any party properly concerned as to
the time, place, and facts surrounding the alleged civil
rights violation.
(3) Charges deemed filed with the Department pursuant
to subsection (A-1) of this Section shall be deemed to be
in compliance with this subsection.
(A-1) Equal Employment Opportunity Commission Charges.
(1) If a charge is filed with the Equal Employment

Opportunity Commission (EEOC) within 300 calendar days
after the date of the alleged civil rights violation, the
charge shall be deemed filed with the Department on the
date filed with the EEOC. If the EEOC is the governmental
agency designated to investigate the charge first, the
Department shall take no action until the EEOC makes a
determination on the charge and after the complainant
notifies the Department of the EEOC's determination. In
such cases, after receiving notice from the EEOC that a
charge was filed, the Department shall notify the parties
that (i) a charge has been received by the EEOC and has
been sent to the Department for dual filing purposes; (ii)
the EEOC is the governmental agency responsible for
investigating the charge and that the investigation shall
be conducted pursuant to the rules and procedures adopted
by the EEOC; (iii) it will take no action on the charge
until the EEOC issues its determination; (iv) the
complainant must submit a copy of the EEOC's determination
within 30 days after service of the determination by the
EEOC on the complainant; and (v) that the time period to
investigate the charge contained in subsection (G) of this
Section is tolled from the date on which the charge is
filed with the EEOC until the EEOC issues its
determination.
(2) If the EEOC finds reasonable cause to believe that
there has been a violation of federal law and if the

Department is timely notified of the EEOC's findings by
the complainant, the Department shall notify the
complainant that the Department has adopted the EEOC's
determination of reasonable cause and that the complainant
has the right, within 90 days after receipt of the
Department's notice, to either file his or her own
complaint with the Illinois Human Rights Commission or
commence a civil action in the appropriate circuit court
or other appropriate court of competent jurisdiction. This
notice shall be provided to the complainant within 10
business days after the Department's receipt of the EEOC's
determination. The Department's notice to the complainant
that the Department has adopted the EEOC's determination
of reasonable cause shall constitute the Department's
Report for purposes of subparagraph (D) of this Section.
(3) For those charges alleging violations within the
jurisdiction of both the EEOC and the Department and for
which the EEOC either (i) does not issue a determination,
but does issue the complainant a notice of a right to sue,
including when the right to sue is issued at the request of
the complainant, or (ii) determines that it is unable to
establish that illegal discrimination has occurred and
issues the complainant a right to sue notice, and if the
Department is timely notified of the EEOC's determination
by the complainant, the Department shall notify the
parties, within 10 business days after receipt of the

EEOC's determination, that the Department will adopt the
EEOC's determination as a dismissal for lack of
substantial evidence unless the complainant requests in
writing within 35 days after receipt of the Department's
notice that the Department review the EEOC's
determination.
(a) If the complainant does not file a written
request with the Department to review the EEOC's
determination within 35 days after receipt of the
Department's notice, the Department shall notify the
complainant, within 10 business days after the
expiration of the 35-day period, that the decision of
the EEOC has been adopted by the Department as a
dismissal for lack of substantial evidence and that
the complainant has the right, within 90 days after
receipt of the Department's notice, to commence a
civil action in the appropriate circuit court or other
appropriate court of competent jurisdiction. The
Department's notice to the complainant that the
Department has adopted the EEOC's determination shall
constitute the Department's report for purposes of
subparagraph (D) of this Section.
(b) If the complainant does file a written request
with the Department to review the EEOC's
determination, the Department shall review the EEOC's
determination and any evidence obtained by the EEOC

during its investigation. If, after reviewing the
EEOC's determination and any evidence obtained by the
EEOC, the Department determines there is no need for
further investigation of the charge, the Department
shall issue a report and the Director shall determine
whether there is substantial evidence that the alleged
civil rights violation has been committed pursuant to
subsection (D) of this Section 7A-102. If, after
reviewing the EEOC's determination and any evidence
obtained by the EEOC, the Department determines there
is a need for further investigation of the charge, the
Department may conduct any further investigation it
deems necessary. After reviewing the EEOC's
determination, the evidence obtained by the EEOC, and
any additional investigation conducted by the
Department, the Department shall issue a report and
the Director shall determine whether there is
substantial evidence that the alleged civil rights
violation has been committed pursuant to subsection
(D) of this Section 7A-102 of this Act.
(4) Pursuant to this Section, if the EEOC dismisses
the charge or a portion of the charge of discrimination
because, under federal law, the EEOC lacks jurisdiction
over the charge, and if, under this Act, the Department
has jurisdiction over the charge of discrimination, the
Department shall investigate the charge or portion of the

charge dismissed by the EEOC for lack of jurisdiction
pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),
(E), (F), (G), (H), (I), (J), and (K) of this Section
7A-102 of this Act.
(5) The time limit set out in subsection (G) of this
Section is tolled from the date on which the charge is
filed with the EEOC to the date on which the EEOC issues
its determination.
(6) The failure of the Department to meet the
10-business-day notification deadlines set out in
paragraph (2) of this subsection shall not impair the
rights of any party.
(B) Notice and Response to Charge. The Department shall,
within 10 days of the date on which the charge was filed, serve
a copy of the charge on the respondent and provide all parties
with a notice of the complainant's right to opt out of the
investigation within 60 days as set forth in subsection (C-1).
This period shall not be construed to be jurisdictional. The
charging party and the respondent may each file a position
statement and other materials with the Department regarding
the charge of alleged discrimination within 60 days of receipt
of the notice of the charge. The position statements and other
materials filed shall remain confidential unless otherwise
agreed to by the party providing the information and shall not
be served on or made available to the other party during the
pendency of a charge with the Department. The Department may

require the respondent to file a response to the allegations
contained in the charge. Upon the Department's request, the
respondent shall file a response to the charge within 60 days
and shall serve a copy of its response on the complainant or
his or her representative. Notwithstanding any request from
the Department, the respondent may elect to file a response to
the charge within 60 days of receipt of notice of the charge,
provided the respondent serves a copy of its response on the
complainant or his or her representative. All allegations
contained in the charge not denied by the respondent within 60
days of the Department's request for a response may be deemed
admitted, unless the respondent states that it is without
sufficient information to form a belief with respect to such
allegation. The Department may issue a notice of default
directed to any respondent who fails to file a response to a
charge within 60 days of receipt of the Department's request,
unless the respondent can demonstrate good cause as to why
such notice should not issue. The term "good cause" shall be
defined by rule promulgated by the Department. Within 30 days
of receipt of the respondent's response, the complainant may
file a reply to said response and shall serve a copy of said
reply on the respondent or his or her representative. A party
shall have the right to supplement his or her response or reply
at any time that the investigation of the charge is pending.
The Department shall, within 10 days of the date on which the
charge was filed, and again no later than 335 days thereafter,

send by certified or registered mail, or electronic mail if
elected by the party, written notice to the complainant and to
the respondent informing the complainant of the complainant's
rights to either file a complaint with the Human Rights
Commission or commence a civil action in the appropriate
circuit court under subparagraph (2) of paragraph (G),
including in such notice the dates within which the
complainant may exercise these rights. In the notice the
Department shall notify the complainant that the charge of
civil rights violation will be dismissed with prejudice and
with no right to further proceed if a written complaint is not
timely filed with the Commission or with the appropriate
circuit court by the complainant pursuant to subparagraph (2)
of paragraph (G) or by the Department pursuant to subparagraph
(1) of paragraph (G).
(B-1) Mediation. The complainant and respondent may agree
to voluntarily submit the charge to mediation without waiving
any rights that are otherwise available to either party
pursuant to this Act and without incurring any obligation to
accept the result of the mediation process. Nothing occurring
in mediation shall be disclosed by the Department or
admissible in evidence in any subsequent proceeding unless the
complainant and the respondent agree in writing that such
disclosure be made.
(C) Investigation.
(1) The Department shall conduct an investigation

sufficient to determine whether the allegations set forth
in the charge are supported by substantial evidence unless
the complainant elects to opt out of an investigation
pursuant to subsection (C-1).
(2) The Director or his or her designated
representatives shall have authority to request any member
of the Commission to issue subpoenas to compel the
attendance of a witness or the production for examination
of any books, records or documents whatsoever.
(3) If any witness whose testimony is required for any
investigation resides outside the State, or through
illness or any other good cause as determined by the
Director is unable to be interviewed by the investigator
or appear at a fact finding conference, his or her
testimony or deposition may be taken, within or without
the State, in the same manner as is provided for in the
taking of depositions in civil cases in circuit courts.
(4) Upon reasonable notice to the complainant and the
respondent, the Department shall conduct a fact finding
conference, unless prior to 365 days after the date on
which the charge was filed the Director has determined
whether there is substantial evidence that the alleged
civil rights violation has been committed, the charge has
been dismissed for lack of jurisdiction, or the parties
voluntarily and in writing agree to waive the fact finding
conference. Any party's failure to attend the conference

without good cause shall result in dismissal or default.
The term "good cause" shall be defined by rule promulgated
by the Department. A notice of dismissal or default shall
be issued by the Director. The notice of default issued by
the Director shall notify the respondent that a request
for review may be filed in writing with the Commission
within 30 days of receipt of notice of default. The notice
of dismissal issued by the Director shall give the
complainant notice of his or her right to seek review of
the dismissal before the Human Rights Commission or
commence a civil action in the appropriate circuit court.
If the complainant chooses to have the Human Rights
Commission review the dismissal order, he or she shall
file a request for review with the Commission within 90
days after receipt of the Director's notice. If the
complainant chooses to file a request for review with the
Commission, he or she may not later commence a civil
action in a circuit court. If the complainant chooses to
commence a civil action in a circuit court, he or she must
do so within 90 days after receipt of the Director's
notice.
(C-1) Opt out of Department's investigation. At any time
within 60 days after receipt of notice of the right to opt out,
a complainant may submit a written request seeking notice from
the Director indicating that the complainant has opted out of
the investigation and may commence a civil action in the

appropriate circuit court or other appropriate court of
competent jurisdiction. Within 10 business days of receipt of
the complainant's request to opt out of the investigation, the
Director shall issue a notice to the parties stating that: (i)
the complainant has exercised the right to opt out of the
investigation; (ii) the complainant has 90 days after receipt
of the Director's notice to commence an action in the
appropriate circuit court or other appropriate court of
competent jurisdiction; and (iii) the Department has ceased
its investigation and is administratively closing the charge.
The complainant shall notify the Department and the respondent
that a complaint has been filed with the appropriate circuit
court or other appropriate court of competent jurisdiction and
shall mail a copy of the complaint to the Department and the
respondent on the same date that the complaint is filed with
the appropriate court. Once a complainant has opted out of the
investigation under this subsection, he or she may not file or
refile a substantially similar charge with the Department
arising from the same incident of unlawful discrimination or
harassment.
(D) Report.
(1) Each charge investigated under subsection (C)
shall be the subject of a report to the Director. The
report shall be a confidential document subject to review
by the Director, authorized Department employees, the
parties, and, where indicated by this Act, members of the

Commission or their designated hearing officers.
(2) Upon review of the report, the Director shall
determine whether there is substantial evidence that the
alleged civil rights violation has been committed. The
determination of substantial evidence is limited to
determining the need for further consideration of the
charge pursuant to this Act and includes, but is not
limited to, findings of fact and conclusions, as well as
the reasons for the determinations on all material issues.
Substantial evidence is evidence which a reasonable mind
accepts as sufficient to support a particular conclusion
and which consists of more than a mere scintilla but may be
somewhat less than a preponderance.
(3) If the Director determines that there is no
substantial evidence, the charge shall be dismissed by
order of the Director and the Director shall give the
complainant notice of his or her right to seek review of
the dismissal order before the Commission or commence a
civil action in the appropriate circuit court. If the
complainant chooses to have the Human Rights Commission
review the dismissal order, he or she shall file a request
for review with the Commission within 90 days after
receipt of the Director's notice. If the complainant
chooses to file a request for review with the Commission,
he or she may not later commence a civil action in a
circuit court. If the complainant chooses to commence a

civil action in a circuit court, he or she must do so
within 90 days after receipt of the Director's notice.
(4) If the Director determines that there is
substantial evidence, he or she shall notify the
complainant and respondent of that determination. The
Director shall also notify the parties that the
complainant has the right to either commence a civil
action in the appropriate circuit court or request that
the Department of Human Rights file a complaint with the
Human Rights Commission on his or her behalf. Any such
complaint shall be filed within 90 days after receipt of
the Director's notice. If the complainant chooses to have
the Department file a complaint with the Human Rights
Commission on his or her behalf, the complainant must,
within 30 days after receipt of the Director's notice,
request in writing that the Department file the complaint.
If the complainant timely requests that the Department
file the complaint, the Department shall file the
complaint on his or her behalf. If the complainant fails
to timely request that the Department file the complaint,
the complainant may file his or her complaint with the
Commission or commence a civil action in the appropriate
circuit court. If the complainant files a complaint with
the Human Rights Commission, the complainant shall give
notice to the Department of the filing of the complaint
with the Human Rights Commission.

(E) Conciliation.
(1) When there is a finding of substantial evidence,
the Department may designate a Department employee who is
an attorney licensed to practice in Illinois to endeavor
to eliminate the effect of the alleged civil rights
violation and to prevent its repetition by means of
conference and conciliation.
(2) When the Department determines that a formal
conciliation conference is necessary, the complainant and
respondent shall be notified of the time and place of the
conference by registered or certified mail at least 10
days prior thereto and either or both parties shall appear
at the conference in person or by attorney.
(3) The place fixed for the conference shall be within
35 miles of the place where the civil rights violation is
alleged to have been committed.
(4) Nothing occurring at the conference shall be
disclosed by the Department unless the complainant and
respondent agree in writing that such disclosure be made.
(5) The Department's efforts to conciliate the matter
shall not stay or extend the time for filing the complaint
with the Commission or the circuit court.
(F) Complaint.
(1) When the complainant requests that the Department
file a complaint with the Commission on his or her behalf,
the Department shall prepare a written complaint, under

oath or affirmation, stating the nature of the civil
rights violation substantially as alleged in the charge
previously filed and the relief sought on behalf of the
aggrieved party. The Department shall file the complaint
with the Commission.
(2) If the complainant chooses to commence a civil
action in a circuit court, he or she must do so in the
circuit court in the county wherein the civil rights
violation was allegedly committed. The form of the
complaint in any such civil action shall be in accordance
with the Illinois Code of Civil Procedure.
(G) Time Limit.
(1) When a charge of a civil rights violation has been
properly filed, the Department, within 365 days thereof or
within any extension of that period agreed to in writing
by all parties, shall issue its report as required by
subparagraph (D). Any such report shall be duly served
upon both the complainant and the respondent.
(2) If the Department has not issued its report within
365 days after the charge is filed, or any such longer
period agreed to in writing by all the parties, the
complainant shall have 90 days to either file his or her
own complaint with the Human Rights Commission or commence
a civil action in the appropriate circuit court. If the
complainant files a complaint with the Commission, the
form of the complaint shall be in accordance with the

provisions of paragraph (F)(1). If the complainant
commences a civil action in a circuit court, the form of
the complaint shall be in accordance with the Illinois
Code of Civil Procedure. The aggrieved party shall notify
the Department that a complaint has been filed and shall
serve a copy of the complaint on the Department on the same
date that the complaint is filed with the Commission or in
circuit court. If the complainant files a complaint with
the Commission, he or she may not later commence a civil
action in circuit court.
(3) If an aggrieved party files a complaint with the
Human Rights Commission or commences a civil action in
circuit court pursuant to paragraph (2) of this
subsection, or if the time period for filing a complaint
has expired, the Department shall immediately cease its
investigation and dismiss the charge of civil rights
violation. Any final order entered by the Commission under
this Section is appealable in accordance with paragraph
(B)(1) of Section 8-111. Failure to immediately cease an
investigation and dismiss the charge of civil rights
violation as provided in this paragraph (3) constitutes
grounds for entry of an order by the circuit court
permanently enjoining the investigation. The Department
may also be liable for any costs and other damages
incurred by the respondent as a result of the action of the
Department.

(4) (Blank).
(H) Public Act 89-370 This amendatory Act of 1995 applies
to causes of action filed on or after January 1, 1996.
(I) Public Act 89-520 This amendatory Act of 1996 applies
to causes of action filed on or after January 1, 1996.
(J) The changes made to this Section by Public Act 95-243
apply to charges filed on or after the effective date of those
changes.
(K) The changes made to this Section by Public Act 96-876
this amendatory Act of the 96th General Assembly apply to
charges filed on or after the effective date of those changes.
(L) The changes made to this Section by Public Act
100-1066 this amendatory Act of the 100th General Assembly
apply to charges filed on or after August 24, 2018 (the
effective date of Public Act 100-1066) this amendatory Act of
the 100th General Assembly.
(Source: P.A. 100-492, eff. 9-8-17; 100-588, eff. 6-8-18;
100-1066, eff. 8-24-18; 101-221, eff. 1-1-20; revised
9-12-19.)
(775 ILCS 5/7A-103) (from Ch. 68, par. 7A-103)
Sec. 7A-103. Settlement.
(A) Circumstances. A settlement of any charge prior to the
filing of a complaint may be effectuated at any time upon
agreement of the parties and the approval of the Department. A
settlement of any charge after the filing of a complaint shall

be effectuated as specified in Section 8-105(A)(2) of this
Act.
(B) Form. Settlements of charges prior to the filing of
complaints shall be reduced to writing by the Department,
signed by the parties, and submitted by the Department to the
Commission for approval. Settlements of charges after the
filing of complaints shall be effectuated as specified in
Section 8-105(A)(2) of this Act.
(C) Violation.
(1) When either party alleges that a settlement order
has been violated, the Department shall conduct an
investigation into the matter.
(2) Upon finding substantial evidence to demonstrate
that a settlement has been violated, the Department shall
file notice of a settlement order violation with the
Commission and serve all parties.
(D) Dismissal For Refusal To Accept Settlement Offer. The
Department shall dismiss a charge if it is satisfied that:
(1) the respondent has eliminated the effects of the
civil rights violation charged and taken steps to prevent
its repetition; or
(2) the respondent offers and the complainant declines
to accept terms of settlement which the Department finds
are sufficient to eliminate the effects of the civil
rights violation charged and prevent its repetition.
When the Department dismisses a charge under this Section

it shall notify the complainant that he or she may seek review
of the dismissal order before the Commission. The complainant
shall have 30 days from receipt of notice to file a request for
review by the Commission.
In determining whether the respondent has eliminated the
effects of the civil rights violation charged, or has offered
terms of settlement sufficient to eliminate same, the
Department shall consider the extent to which the respondent
has either fully provided, or reasonably offered by way of
terms of settlement, as the case may be, the relevant relief
available to the complainant under Section 8A-104 8-108 of
this Act.
(E) Public Act 89-370 This amendatory Act of 1995 applies
to causes of action filed on or after January 1, 1996.
(F) The changes made to this Section by Public Act 95-243
this amendatory Act of the 95th General Assembly apply to
charges filed on or after the effective date of those changes.
(Source: P.A. 95-243, eff. 1-1-08; revised 9-4-20.)
Section 830. The Business Corporation Act of 1983 is
amended by changing Sections 15.35 and 15.65 as follows:
(805 ILCS 5/15.35) (from Ch. 32, par. 15.35)
(Section scheduled to be repealed on December 31, 2025)
Sec. 15.35. Franchise taxes payable by domestic
corporations. For the privilege of exercising its franchises

in this State, each domestic corporation shall pay to the
Secretary of State the following franchise taxes, computed on
the basis, at the rates and for the periods prescribed in this
Act:
(a) An initial franchise tax at the time of filing its
first report of issuance of shares.
(b) An additional franchise tax at the time of filing
(1) a report of the issuance of additional shares, or (2) a
report of an increase in paid-in capital without the
issuance of shares, or (3) an amendment to the articles of
incorporation or a report of cumulative changes in paid-in
capital, whenever any amendment or such report discloses
an increase in its paid-in capital over the amount thereof
last reported in any document, other than an annual
report, interim annual report or final transition annual
report required by this Act to be filed in the office of
the Secretary of State.
(c) An additional franchise tax at the time of filing
a report of paid-in capital following a statutory merger
or consolidation, which discloses that the paid-in capital
of the surviving or new corporation immediately after the
merger or consolidation is greater than the sum of the
paid-in capital of all of the merged or consolidated
corporations as last reported by them in any documents,
other than annual reports, required by this Act to be
filed in the office of the Secretary of State; and in

addition, the surviving or new corporation shall be liable
for a further additional franchise tax on the paid-in
capital of each of the merged or consolidated corporations
as last reported by them in any document, other than an
annual report, required by this Act to be filed with the
Secretary of State from their taxable year end to the next
succeeding anniversary month or, in the case of a
corporation which has established an extended filing
month, the extended filing month of the surviving or new
corporation; however if the taxable year ends within the
2-month 2 month period immediately preceding the
anniversary month or, in the case of a corporation which
has established an extended filing month, the extended
filing month of the surviving or new corporation the tax
will be computed to the anniversary month or, in the case
of a corporation which has established an extended filing
month, the extended filing month of the surviving or new
corporation in the next succeeding calendar year.
(d) An annual franchise tax payable each year with the
annual report which the corporation is required by this
Act to file.
(e) On or after January 1, 2020 and prior to January 1,
2021, the first $30 in liability is exempt from the tax imposed
under this Section. On or after January 1, 2021 and prior to
January 1, 2022, the first $1,000 in liability is exempt from
the tax imposed under this Section. On or after January 1, 2022

and prior to January 1, 2023, the first $10,000 in liability is
exempt from the tax imposed under this Section. On or after
January 1, 2023 and prior to January 1, 2024, the first
$100,000 in liability is exempt from the tax imposed under
this Section. The provisions of this Section shall not require
the payment of any franchise tax that would otherwise have
been due and payable on or after January 1, 2024. There shall
be no refunds or proration of franchise tax for any taxes due
and payable on or after January 1, 2024 on the basis that a
portion of the corporation's taxable year extends beyond
January 1, 2024. Public Act 101-9 This amendatory Act of the
101st General Assembly shall not affect any right accrued or
established, or any liability or penalty incurred prior to
January 1, 2024.
(f) This Section is repealed on December 31, 2025.
(Source: P.A. 101-9, eff. 6-5-19; revised 7-18-19.)
(805 ILCS 5/15.65) (from Ch. 32, par. 15.65)
(Section scheduled to be repealed on December 31, 2024)
Sec. 15.65. Franchise taxes payable by foreign
corporations. For the privilege of exercising its authority to
transact such business in this State as set out in its
application therefor or any amendment thereto, each foreign
corporation shall pay to the Secretary of State the following
franchise taxes, computed on the basis, at the rates and for
the periods prescribed in this Act:

(a) An initial franchise tax at the time of filing its
application for authority to transact business in this
State.
(b) An additional franchise tax at the time of filing
(1) a report of the issuance of additional shares, or (2) a
report of an increase in paid-in capital without the
issuance of shares, or (3) a report of cumulative changes
in paid-in capital or a report of an exchange or
reclassification of shares, whenever any such report
discloses an increase in its paid-in capital over the
amount thereof last reported in any document, other than
an annual report, interim annual report or final
transition annual report, required by this Act to be filed
in the office of the Secretary of State.
(c) Whenever the corporation shall be a party to a
statutory merger and shall be the surviving corporation,
an additional franchise tax at the time of filing its
report following merger, if such report discloses that the
amount represented in this State of its paid-in capital
immediately after the merger is greater than the aggregate
of the amounts represented in this State of the paid-in
capital of such of the merged corporations as were
authorized to transact business in this State at the time
of the merger, as last reported by them in any documents,
other than annual reports, required by this Act to be
filed in the office of the Secretary of State; and in

addition, the surviving corporation shall be liable for a
further additional franchise tax on the paid-in capital of
each of the merged corporations as last reported by them
in any document, other than an annual report, required by
this Act to be filed with the Secretary of State, from
their taxable year end to the next succeeding anniversary
month or, in the case of a corporation which has
established an extended filing month, the extended filing
month of the surviving corporation; however if the taxable
year ends within the 2-month 2 month period immediately
preceding the anniversary month or the extended filing
month of the surviving corporation, the tax will be
computed to the anniversary or, extended filing month of
the surviving corporation in the next succeeding calendar
year.
(d) An annual franchise tax payable each year with any
annual report which the corporation is required by this
Act to file.
(e) On or after January 1, 2020 and prior to January 1,
2021, the first $30 in liability is exempt from the tax imposed
under this Section. On or after January 1, 2021 and prior to
January 1, 2022, the first $1,000 in liability is exempt from
the tax imposed under this Section. On or after January 1, 2022
and prior to January 1, 2023, the first $10,000 in liability is
exempt from the tax imposed under this Section. On or after
January 1, 2023 and prior to January 1, 2024, the first

$100,000 in liability is exempt from the tax imposed under
this Section. The provisions of this Section shall not require
the payment of any franchise tax that would otherwise have
been due and payable on or after January 1, 2024. There shall
be no refunds or proration of franchise tax for any taxes due
and payable on or after January 1, 2024 on the basis that a
portion of the corporation's taxable year extends beyond
January 1, 2024. Public Act 101-9 This amendatory Act of the
101st General Assembly shall not affect any right accrued or
established, or any liability or penalty incurred prior to
January 1, 2024.
(f) This Section is repealed on December 31, 2024.
(Source: P.A. 101-9, eff. 6-5-19; revised 7-18-19.)
Section 835. The General Not For Profit Corporation Act of
1986 is amended by changing Section 111.25 as follows:
(805 ILCS 105/111.25) (from Ch. 32, par. 111.25)
Sec. 111.25. Articles of merger or consolidation.
(a) Articles of merger or consolidation shall be executed
by each corporation and filed in duplicate in accordance with
Section 101.10 of this Act and shall set forth:
(1) the name of each corporation;
(2) the plan of merger or consolidation;
(3) as to each corporation where the plan of merger or
consolidation was adopted pursuant to Section 111.15 of

this Act:
(i) a statement that the plan received the
affirmative vote of a majority of the directors in
office, at a meeting of the board of directors, and the
date of the meeting; or
(ii) a statement that the plan was adopted by
written consent, signed by all the directors in
office, in compliance with Section 108.45 of this Act;
and
(4) as to each corporation where the plan of merger or
consolidation was adopted pursuant to Section 111.20 of
this Act:
(i) a statement that the plan was adopted at a
meeting of members by the affirmative vote of members
having not less than the minimum number of votes
necessary to adopt the plan, as provided by this Act,
the articles of incorporation, or the bylaws, and the
date of the meeting; or
(ii) a statement that the plan was adopted by
written consent, signed by members having not less
than the minimum number of votes necessary to adopt
the plan, as provided by this Act, the articles of
incorporation or the bylaws, in compliance with
Section 107.10 of this Act.
(b) When the provisions of this Section have been complied
with, the Secretary of State shall file the articles of merger

or consolidation.
(Source: P.A. 91-357, eff. 7-29-99; 92-33, eff. 7-1-01;
revised 7-18-19.)
Section 840. The Limited Worker Cooperative Association
Act is amended by changing Section 25 as follows:
(805 ILCS 317/25)
Sec. 25. Articles of organization. (a) The articles of
organization of a limited cooperative association shall state:
(1) the domestic entity name of the limited
cooperative association;
(2) the purposes for which the limited cooperative
association is formed, which may be for any lawful
purpose;
(3) the registered agent name and registered agent
address of the association's initial registered agent;
(4) the street address and, if different, mailing
address of the association's initial principal office;
(5) the true name and street address and, if
different, mailing address of each organizer; and
(6) any other provision, not inconsistent with law,
that the worker-members, members, or organizers elect to
set out in the articles for the regulation of the internal
affairs of the worker cooperative, including any
provisions that, under this Act, are required or permitted

to be set out in the bylaws of the worker cooperative.
(Source: P.A. 101-292, eff. 1-1-20; revised 9-4-20.)
Section 845. The Illinois Pre-Need Cemetery Sales Act is
amended by changing Section 16 as follows:
(815 ILCS 390/16) (from Ch. 21, par. 216)
Sec. 16. Trust funds; disbursements.
(a) A trustee shall make no disbursements from the trust
fund except as provided in this Act.
(b) A trustee has a duty to invest and manage the trust
assets pursuant to the Illinois Prudent Investor Law under
Article 9 of the Illinois Trust Code. Whenever the seller
changes trustees pursuant to this Act, the trustee must
provide written notice of the change in trustees to the
Comptroller no less than 28 days prior to the effective date of
such a change in trustee. The trustee has an ongoing duty to
provide the Comptroller with a current and true copy of the
trust agreement under which the trust funds are held pursuant
to this Act.
(c) The trustee may rely upon certifications and
affidavits made to it under the provisions of this Act, and
shall not be liable to any person for such reliance.
(d) A trustee shall be allowed to withdraw from the trust
funds maintained pursuant to this Act a reasonable fee
pursuant to the Illinois Trust Code.

(e) The trust shall be a single-purpose trust fund. In the
event of the seller's bankruptcy, insolvency or assignment for
the benefit of creditors, or an adverse judgment, the trust
funds shall not be available to any creditor as assets of the
seller or to pay any expenses of any bankruptcy or similar
proceeding, but shall be distributed to the purchasers or
managed for their benefit by the trustee holding the funds.
Except in an action by the Comptroller to revoke a license
issued pursuant to this Act and for creation of a receivership
as provided in this Act, the trust shall not be subject to
judgment, execution, garnishment, attachment, or other seizure
by process in bankruptcy or otherwise, nor to sale, pledge,
mortgage, or other alienation, and shall not be assignable
except as approved by the Comptroller. The changes made by
this amendatory Act of the 91st General Assembly are intended
to clarify existing law regarding the inability of licensees
to pledge the trust.
(f) Because it is not known at the time of deposit or at
the time that income is earned on the trust account to whom the
principal and the accumulated earnings will be distributed,
for purposes of determining the Illinois Income Tax due on
these trust funds, the principal and any accrued earnings or
losses relating to each individual account shall be held in
suspense until the final determination is made as to whom the
account shall be paid.
(g) A trustee shall at least annually furnish to each

purchaser a statement identifying: (1) the receipts,
disbursements, and inventory of the trust, including an
explanation of any fees or expenses charged by the trustee
under paragraph (d) of this Section or otherwise, (2) an
explanation of the purchaser's right to a refund, if any,
under this Act, and (3) the primary regulator of the trust as a
corporate fiduciary under state or federal law.
(h) If the trustee has reason to believe that the contact
information for a purchaser is no longer valid, then the
trustee shall promptly notify the seller. If the trustee has
reason to believe that the purchaser is deceased, then the
trustee shall promptly notify the seller. A trustee shall
remit as provided in Section 18.5 of this Act any pre-need
trust funds, including both the principal and any accrued
earnings or losses, relating to an individual account that is
presumed abandoned under Section 18.5.
(Source: P.A. 101-48, eff. 1-1-20; 101-552, eff. 1-1-20;
revised 9-17-19.)
Section 850. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2DDD as follows:
(815 ILCS 505/2DDD)
Sec. 2DDD. Alternative gas suppliers.
(a) Definitions.
(1) "Alternative gas supplier" has the same meaning as

in Section 19-105 of the Public Utilities Act.
(2) "Gas utility" has the same meaning as in Section
19-105 of the Public Utilities Act.
(b) It is an unfair or deceptive act or practice within the
meaning of Section 2 of this Act for any person to violate any
provision of this Section.
(c) Solicitation.
(1) An alternative gas supplier shall not utilize the
name of a public utility in any manner that is deceptive or
misleading, including, but not limited to, implying or
otherwise leading a customer to believe that an
alternative gas supplier is soliciting on behalf of or is
an agent of a utility. An alternative gas supplier shall
not utilize the name, or any other identifying insignia,
graphics, or wording, that has been used at any time to
represent a public utility company or its services or to
identify, label, or define any of its natural gas supply
offers and shall not misrepresent the affiliation of any
alternative supplier with the gas utility, governmental
bodies, or consumer groups.
(2) If any sales solicitation, agreement, contract, or
verification is translated into another language and
provided to a customer, all of the documents must be
provided to the customer in that other language.
(2.3) An alternative gas supplier shall state that it
represents an independent seller of gas certified by the

Illinois Commerce Commission and that he or she is not
employed by, representing, endorsed by, or acting on
behalf of a utility, or a utility program.
(2.5) All in-person and telephone solicitations shall
be conducted in, translated into, and provided in a
language in which the consumer subject to the marketing or
solicitation is able to understand and communicate. An
alternative gas supplier shall terminate a solicitation if
the consumer subject to the marketing or communication is
unable to understand and communicate in the language in
which the marketing or solicitation is being conducted. An
alternative gas supplier shall comply with Section 2N of
this Act.
(3) An alternative gas supplier shall clearly and
conspicuously disclose the following information to all
customers:
(A) the prices, terms, and conditions of the
products and services being sold to the customer;
(B) where the solicitation occurs in person,
including through door-to-door solicitation, the
salesperson's name;
(C) the alternative gas supplier's contact
information, including the address, phone number, and
website;
(D) contact information for the Illinois Commerce
Commission, including the toll-free number for

consumer complaints and website;
(E) a statement of the customer's right to rescind
the offer within 10 business days of the date on the
utility's notice confirming the customer's decision to
switch suppliers, as well as phone numbers for the
supplier and utility that the consumer may use to
rescind the contract;
(F) the amount of the early termination fee, if
any; and
(G) the utility gas supply cost rates per therm
price available from the Illinois Commerce Commission
website applicable at the time the alternative gas
supplier is offering or selling the products or
services to the customer and shall disclose the
following statement:
"(Name of the alternative gas supplier) is not the
same entity as your gas delivery company. You are not
required to enroll with (name of alternative retail
gas supplier). Beginning on (effective date), the
utility gas supply cost rate per therm is (cost). The
utility gas supply cost will expire on (expiration
date). For more information go to the Illinois
Commerce Commission's free website at
www.icc.illinois.gov/ags/consumereducation.aspx.".
(4) Except as provided in paragraph (5) of this
subsection (c), an alternative gas supplier shall send the

information described in paragraph (3) of this subsection
(c) to all customers within one business day of the
authorization of a switch.
(5) An alternative gas supplier engaging in
door-to-door solicitation of consumers shall provide the
information described in paragraph (3) of this subsection
(c) during all door-to-door solicitations that result in a
customer deciding to switch his or her their supplier.
(d) Customer Authorization. An alternative gas supplier
shall not submit or execute a change in a customer's selection
of a natural gas provider unless and until (i) the alternative
gas supplier first discloses all material terms and conditions
of the offer to the customer; (ii) the alternative gas
supplier has obtained the customer's express agreement to
accept the offer after the disclosure of all material terms
and conditions of the offer; and (iii) the alternative gas
supplier has confirmed the request for a change in accordance
with one of the following procedures:
(1) The alternative gas supplier has obtained the
customer's written or electronically signed authorization
in a form that meets the following requirements:
(A) An alternative gas supplier shall obtain any
necessary written or electronically signed
authorization from a customer for a change in natural
gas service by using a letter of agency as specified in
this Section. Any letter of agency that does not

conform with this Section is invalid.
(B) The letter of agency shall be a separate
document (or an easily separable document containing
only the authorization language described in item (E)
of this paragraph (1)) whose sole purpose is to
authorize a natural gas provider change. The letter of
agency must be signed and dated by the customer
requesting the natural gas provider change.
(C) The letter of agency shall not be combined
with inducements of any kind on the same document.
(D) Notwithstanding items (A) and (B) of this
paragraph (1), the letter of agency may be combined
with checks that contain only the required letter of
agency language prescribed in item (E) of this
paragraph (1) and the necessary information to make
the check a negotiable instrument. The letter of
agency check shall not contain any promotional
language or material. The letter of agency check shall
contain in easily readable, bold face type on the face
of the check, a notice that the consumer is
authorizing a natural gas provider change by signing
the check. The letter of agency language also shall be
placed near the signature line on the back of the
check.
(E) At a minimum, the letter of agency must be
printed with a print of sufficient size to be clearly

legible, and must contain clear and unambiguous
language that confirms:
(i) the customer's billing name and address;
(ii) the decision to change the natural gas
provider from the current provider to the
prospective alternative gas supplier;
(iii) the terms, conditions, and nature of the
service to be provided to the customer, including,
but not limited to, the rates for the service
contracted for by the customer; and
(iv) that the customer understands that any
natural gas provider selection the customer
chooses may involve a charge to the customer for
changing the customer's natural gas provider.
(F) Letters of agency shall not suggest or require
that a customer take some action in order to retain the
customer's current natural gas provider.
(G) If any portion of a letter of agency is
translated into another language, then all portions of
the letter of agency must be translated into that
language.
(2) An appropriately qualified independent third party
has obtained, in accordance with the procedures set forth
in this paragraph (2), the customer's oral authorization
to change natural gas providers that confirms and includes
appropriate verification data. The independent third party

must (i) not be owned, managed, controlled, or directed by
the alternative gas supplier or the alternative gas
supplier's marketing agent; (ii) not have any financial
incentive to confirm provider change requests for the
alternative gas supplier or the alternative gas supplier's
marketing agent; and (iii) operate in a location
physically separate from the alternative gas supplier or
the alternative gas supplier's marketing agent. Automated
third-party verification systems and 3-way conference
calls may be used for verification purposes so long as the
other requirements of this paragraph (2) are satisfied. An
A alternative gas supplier or alternative gas supplier's
sales representative initiating a 3-way conference call or
a call through an automated verification system must drop
off the call once the 3-way connection has been
established. All third-party verification methods shall
elicit, at a minimum, the following information:
(A) the identity of the customer;
(B) confirmation that the person on the call is
authorized to make the provider change;
(C) confirmation that the person on the call wants
to make the provider change;
(D) the names of the providers affected by the
change;
(E) the service address of the service to be
switched; and

(F) the price of the service to be provided and the
material terms and conditions of the service being
offered, including whether any early termination fees
apply.
Third-party verifiers may not market the alternative
gas supplier's services. All third-party verifications
shall be conducted in the same language that was used in
the underlying sales transaction and shall be recorded in
their entirety. Submitting alternative gas suppliers shall
maintain and preserve audio records of verification of
customer authorization for a minimum period of 2 years
after obtaining the verification. Automated systems must
provide customers with an option to speak with a live
person at any time during the call. Each disclosure made
during the third-party verification must be made
individually to obtain clear acknowledgment of each
disclosure. The alternative gas supplier must be in a
location where he or she cannot hear the customer while
the third-party verification is conducted. The alternative
gas supplier shall not contact the customer after the
third-party verification for a period of 24 hours unless
the customer initiates the contact.
(3) The alternative gas supplier has obtained the
customer's electronic authorization to change natural gas
service via telephone. Such authorization must elicit the
information in subparagraphs (A) paragraph (2)(A) through

(F) of paragraph (2) of this subsection (d). Alternative
gas suppliers electing to confirm sales electronically
shall establish one or more toll-free telephone numbers
exclusively for that purpose. Calls to the number or
numbers shall connect a customer to a voice response unit,
or similar mechanism, that makes a date-stamped,
time-stamped recording of the required information
regarding the alternative gas supplier change.
The alternative gas supplier shall not use such
electronic authorization systems to market its services.
(4) When a consumer initiates the call to the
prospective alternative gas supplier, in order to enroll
the consumer as a customer, the prospective alternative
gas supplier must, with the consent of the customer, make
a date-stamped, time-stamped audio recording that elicits,
at a minimum, the following information:
(A) the identity of the customer;
(B) confirmation that the person on the call is
authorized to make the provider change;
(C) confirmation that the person on the call wants
to make the provider change;
(D) the names of the providers affected by the
change;
(E) the service address of the service to be
switched; and
(F) the price of the service to be supplied and the

material terms and conditions of the service being
offered, including whether any early termination fees
apply.
Submitting alternative gas suppliers shall maintain
and preserve the audio records containing the information
set forth above for a minimum period of 2 years.
(5) In the event that a customer enrolls for service
from an alternative gas supplier via an Internet website,
the alternative gas supplier shall obtain an
electronically signed letter of agency in accordance with
paragraph (1) of this subsection (d) and any customer
information shall be protected in accordance with all
applicable statutes and rules. In addition, an alternative
gas supplier shall provide the following when marketing
via an Internet website:
(A) The Internet enrollment website shall, at a
minimum, include:
(i) a copy of the alternative gas supplier's
customer contract, which clearly and conspicuously
discloses all terms and conditions; and
(ii) a conspicuous prompt for the customer to
print or save a copy of the contract.
(B) Any electronic version of the contract shall
be identified by version number, in order to ensure
the ability to verify the particular contract to which
the customer assents.

(C) Throughout the duration of the alternative gas
supplier's contract with a customer, the alternative
gas supplier shall retain and, within 3 business days
of the customer's request, provide to the customer an
e-mail, paper, or facsimile of the terms and
conditions of the numbered contract version to which
the customer assents.
(D) The alternative gas supplier shall provide a
mechanism by which both the submission and receipt of
the electronic letter of agency are recorded by time
and date.
(E) After the customer completes the electronic
letter of agency, the alternative gas supplier shall
disclose conspicuously through its website that the
customer has been enrolled and the alternative gas
supplier shall provide the customer an enrollment
confirmation number.
(6) When a customer is solicited in person by the
alternative gas supplier's sales agent, the alternative
gas supplier may only obtain the customer's authorization
to change natural gas service through the method provided
for in paragraph (2) of this subsection (d).
Alternative gas suppliers must be in compliance with the
provisions of this subsection (d) within 90 days after April
10, 2009 (the effective date of Public Act 95-1051) this
amendatory Act of the 95th General Assembly.

(e) Early Termination.
(1) Beginning January 1, 2020, consumers shall have
the right to terminate their contract with an alternative
gas supplier at any time without any termination fees or
penalties.
(2) In any agreement that contains an early
termination clause, an alternative gas supplier shall
provide the customer the opportunity to terminate the
agreement without any termination fee or penalty within 10
business days after the date of the first bill issued to
the customer for products or services provided by the
alternative gas supplier. The agreement shall disclose the
opportunity and provide a toll-free phone number that the
customer may call in order to terminate the agreement.
(f) The alternative gas supplier shall provide each
customer the opportunity to rescind its agreement without
penalty within 10 business days after the date on the gas
utility notice to the customer. The alternative gas supplier
shall disclose to the customer all of the following:
(1) that the gas utility shall send a notice
confirming the switch;
(2) that from the date the utility issues the notice
confirming the switch, the customer shall have 10 business
days before the switch will become effective;
(3) that the customer may contact the gas utility or
the alternative gas supplier to rescind the switch within

10 business days; and
(4) the contact information for the gas utility and
the alternative gas supplier.
The alternative gas supplier disclosure shall be included
in its sales solicitations, contracts, and all applicable
sales verification scripts.
(f-5)(1) Beginning January 1, 2020, an alternative gas
supplier shall not sell or offer to sell any products or
services to a consumer pursuant to a contract in which the
contract automatically renews, unless an alternative gas
supplier provides to the consumer at the outset of the offer,
in addition to other disclosures required by law, a separate
written statement titled "Automatic Contract Renewal" that
clearly and conspicuously discloses in bold lettering in at
least 12-point font the terms and conditions of the automatic
contract renewal provision, including: (i) the estimated bill
cycle on which the initial contract term expires and a
statement that it could be later based on when the utility
accepts the initial enrollment; (ii) the estimated bill cycle
on which the new contract term begins and a statement that it
will immediately follow the last billing cycle of the current
term; (iii) the procedure to terminate the contract before the
new contract term applies; and (iv) the cancellation
procedure. If the alternative gas supplier sells or offers to
sell the products or services to a consumer during an
in-person solicitation or telemarketing solicitation, the

disclosures described in this paragraph (1) shall also be made
to the consumer verbally during the solicitation. Nothing in
this paragraph (1) shall be construed to apply to contracts
entered into before January 1, 2020.
(2) At least 30 days before, but not more than 60 days
prior, to the end of the initial contract term, in any and all
contracts that automatically renew after the initial term, the
alternative gas supplier shall send, in addition to other
disclosures required by law, a separate written notice of the
contract renewal to the consumer that clearly and
conspicuously discloses the following:
(A) a statement printed or visible from the outside of
the envelope or in the subject line of the email, if the
customer has agreed to receive official documents by
email, that states "Contract Renewal Notice";
(B) a statement in bold lettering, in at least
12-point font, that the contract will automatically renew
unless the customer cancels it;
(C) the billing cycle in which service under the
current term will expire;
(D) the billing cycle in which service under the new
term will begin;
(E) the process and options available to the consumer
to reject the new contract terms;
(F) the cancellation process if the consumer's
contract automatically renews before the consumer rejects

the new contract terms;
(G) the terms and conditions of the new contract term;
(H) for a fixed rate or flat bill contract, a
side-by-side comparison of the current fixed rate or flat
bill to the new fixed rate or flat bill; for a variable
rate contract or time-of-use product in which the first
month's renewal price can be determined, a side-by-side
comparison of the current price and the price for the
first month of the new variable or time-of-use price; or
for a variable or time-of-use contract based on a publicly
available index, a side-by-side comparison of the current
formula and the new formula; and
(I) the phone number and email address to submit a
consumer inquiry or complaint to the Illinois Commerce
Commission and the Office of the Attorney General.
(3) An alternative gas supplier shall not automatically
renew a consumer's enrollment after the current term of the
contract expires when the current term of the contract
provides that the consumer will be charged a fixed rate and the
renewed contract provides that the consumer will be charged a
variable rate, unless: (i) the alternative gas supplier
complies with paragraphs (1) and (2); and (ii) the customer
expressly consents to the contract renewal in writing or by
electronic signature at least 30 days, but no more than 60
days, before the contract expires.
(4) An alternative gas supplier shall not submit a change

to a customer's gas service provider in violation of Section
19-116 of the Public Utilities Act.
(g) The provisions of this Section shall apply only to
alternative gas suppliers serving or seeking to serve
residential and small commercial customers and only to the
extent such alternative gas suppliers provide services to
residential and small commercial customers.
(Source: P.A. 101-590, eff. 1-1-20; revised 9-4-20.)
Section 855. The Automatic Contract Renewal Act is amended
by changing Section 5 as follows:
(815 ILCS 601/5)
Sec. 5. Definitions Definition. In this Act:
"Contract" means a written agreement between 2 or more
parties.
"Parties" includes include individuals and other legal
entities, but does do not include the federal government, this
State or another state, or a unit of local government.
(Source: P.A. 101-412, eff. 8-16-19; revised 9-4-20.)
Section 860. The Workplace Transparency Act is amended by
changing Section 1-25 as follows:
(820 ILCS 96/1-25)
Sec. 1-25. Conditions of employment or continued

employment.
(a) Any agreement, clause, covenant, or waiver that is a
unilateral condition of employment or continued employment and
has the purpose or effect of preventing an employee or
prospective employee from making truthful statements or
disclosures about alleged unlawful employment practices is
against public policy, void to the extent it prevents such
statements or disclosures, and severable from an otherwise
valid and enforceable contract under this Act.
(b) Any agreement, clause, covenant, or waiver that is a
unilateral condition of employment or continued employment and
requires the employee or prospective employee to waive,
arbitrate, or otherwise diminish any existing or future claim,
right, or benefit related to an unlawful employment practice
to which the employee or prospective employee would otherwise
be entitled under any provision of State or federal law, is
against public policy, void to the extent it denies an
employee or prospective employee a substantive or procedural
right or remedy related to alleged unlawful employment
practices, and severable from an otherwise valid and
enforceable contract under this Act.
(c) Any agreement, clause, covenant, or waiver that is a
mutual condition of employment or continued employment may
include provisions that would otherwise be against public
policy as a unilateral condition of employment or continued
employment, but only if the agreement, clause, covenant, or

waiver is in writing, demonstrates actual, knowing, and
bargained-for consideration from both parties, and
acknowledges the right of the employee or prospective employee
to:
(1) report any good faith allegation of unlawful
employment practices to any appropriate federal, State, or
local government agency enforcing discrimination laws;
(2) report any good faith allegation of criminal
conduct to any appropriate federal, State, or local
official;
(3) participate in a proceeding with any appropriate
federal, State, or local government agency enforcing
discrimination laws;
(4) make any truthful statements or disclosures
required by law, regulation, or legal process; and
(5) request or receive confidential legal advice.
(d) Failure to comply with the provisions of subsection
(c) shall establish a rebuttable presumption that the
agreement, clause, covenant, or waiver is a unilateral
condition of employment or continued employment that is
governed by subsection subsections (a) or (b).
(e) Nothing in this Section shall be construed to prevent
an employee or prospective employee and an employer from
negotiating and bargaining over the terms, privileges, and
conditions of employment.
(Source: P.A. 101-221, eff. 1-1-20; revised 9-12-19.)

Section 865. The Workers' Compensation Act is amended by
changing Section 4a-5 as follows:
(820 ILCS 305/4a-5) (from Ch. 48, par. 138.4a-5)
Sec. 4a-5. There is hereby created a Self-Insurers
Security Fund. The State Treasurer shall be the ex officio
ex-officio custodian of the Self-Insurers Security Fund.
Moneys in the Fund shall be deposited in a separate account in
the same manner as are State Funds and any interest accruing
thereon shall be added thereto every 6 months. It shall be
subject to audit the same as State funds and accounts and shall
be protected by the general bond given by the State Treasurer.
The funds in the Self-Insurers Security Fund shall not be
subject to appropriation and shall be made available for the
purposes of compensating employees who are eligible to receive
benefits from their employers pursuant to the provisions of
the Workers' Compensation Act or Workers' Occupational
Diseases Act, when, pursuant to this Section, the Board has
determined that a private self-insurer has become an insolvent
self-insurer and is unable to pay compensation benefits due to
financial insolvency. Moneys in the Fund may be used to
compensate any type of injury or occupational disease which is
compensable under either Act, and all claims for related
administrative fees, operating costs of the Board, attorney's
fees, and other costs reasonably incurred by the Board. At the

discretion of the Chairman, moneys in the Self-Insurers
Security Fund may also be used for paying the salaries and
benefits of the Self-Insurers Advisory Board employees and the
operating costs of the Board. Payment from the Self-Insurers
Security Fund shall be made by the Comptroller only upon the
authorization of the Chairman as evidenced by properly
certified vouchers of the Commission, upon the direction of
the Board.
(Source: P.A. 101-40, eff. 1-1-20; revised 8-6-19.)
Section 870. The Hotel and Casino Employee Safety Act is
amended by changing Sections 5-5, 5-10, and 5-15 as follows:
(820 ILCS 325/5-5)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 5-5. Definitions. As used in this Act:
"Casino" has the meaning ascribed to the term "riverboat"
under the Illinois Riverboat Gambling Act.
"Casino employer" means any person, business, or
organization that holds an owners license pursuant to the
Illinois Riverboat Gambling Act that operates a casino and
either directly employs or through a subcontractor, including
through the services of a temporary staffing agency, exercises
direction and control over any natural person who is working
on the casino premises.

"Complaining employee" means an employee who has alleged
an instance of sexual assault or sexual harassment by a guest.
"Employee" means any natural person who works full-time or
part-time for a hotel employer or casino employer for or under
the direction of the hotel employer or casino employer or any
subcontractor of the hotel employer or casino employer for
wages or salary or remuneration of any type under a contract or
subcontract of employment.
"Guest" means any invitee to a hotel or casino, including
a registered guest, person occupying a guest room with a
registered guest or other occupant of a guest room, person
patronizing food or beverage facilities provided by the hotel
or casino, or any other person whose presence at the hotel or
casino is permitted by the hotel or casino. "Guest" does not
include an employee.
"Guest room" means any room made available by a hotel for
overnight occupancy by guests.
"Hotel" means any building or buildings maintained,
advertised, and held out to the public to be a place where
lodging is offered for consideration to travelers and guests.
"Hotel" includes an inn, motel, tourist home or court, and
lodging house.
"Hotel employer" means any person, business entity, or
organization that operates a hotel and either directly employs
or through a subcontractor, including through the services of
a temporary staffing agency, exercises direction and control

over any natural person who is working on the hotel premises
and employed in furtherance of the hotel's provision of
lodging to travelers and guests.
"Notification device" or "safety device" means a portable
emergency contact device, supplied by the hotel employer or
casino employer, that utilizes technology that the hotel
employer or casino employer deems appropriate for the hotel's
or casino's size, physical layout, and technological
capabilities and that is designed so that an employee can
quickly and easily activate the device to alert a hotel or
casino security officer, manager, or other appropriate hotel
or casino staff member designated by the hotel or casino and
effectively summon to the employee's location prompt
assistance by a hotel or casino security officer, manager, or
other appropriate hotel or casino staff member designated by
the hotel or casino.
"Offending guest" means a guest a complaining employee has
alleged sexually assaulted or sexually harassed the
complaining employee.
"Restroom" means any room equipped with toilets or
urinals.
"Sexual assault" means: (1) an act of sexual conduct, as
defined in Section 11-0.1 of the Criminal Code of 2012; or (2)
any act of sexual penetration, as defined in Section 11-0.1 of
the Criminal Code of 2012 and includes, without limitation,
acts prohibited under Sections 11-1.20 through 11-1.60 of the

Criminal Code of 2012.
"Sexual harassment" means any harassment or discrimination
on the basis of an individual's actual or perceived sex or
gender, including unwelcome sexual advances, requests for
sexual favors, or other verbal or physical conduct of a sexual
nature.
(Source: P.A. 101-221, eff. 3-1-21 (See Section 50 of P.A.
101-639 for effective date of P.A. 101-221); revised 6-16-20.)
(820 ILCS 325/5-10)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 5-10. Hotels and casinos; safety devices; anti-sexual
harassment policies.
(a) Each hotel and casino shall equip an employee who is
assigned to work in a guest room, restroom, or casino floor,
under circumstances where no other employee is present in the
room or area, with a safety device or notification device. The
employee may use the safety device or notification device to
summon help if the employee reasonably believes that an
ongoing crime, sexual harassment, sexual assault, or other
emergency is occurring in the employee's presence. The safety
device or notification device shall be provided by the hotel
or casino at no cost to the employee.
(b) Each hotel employer and casino employer shall develop,
maintain, and comply with a written anti-sexual harassment

policy to protect employees against sexual assault and sexual
harassment by guests. This policy shall:
(1) encourage an employee to immediately report to the
hotel employer or casino employer any instance of alleged
sexual assault or sexual harassment by a guest;
(2) describe the procedures that the complaining
employee and hotel employer or casino employer shall
follow in cases under paragraph (1);
(3) instruct the complaining employee to cease work
and to leave the immediate area where danger is perceived
until hotel or casino security personnel or police arrive
to provide assistance;
(4) offer temporary work assignments to the
complaining employee during the duration of the offending
guest's stay at the hotel or casino, which may include
assigning the complaining employee to work on a different
floor or at a different station or work area away from the
offending guest;
(5) provide the complaining employee with necessary
paid time off to:
(A) file a police report or criminal complaint
with the appropriate local authorities against the
offending guest; and
(B) if so required, testify as a witness at any
legal proceeding that may ensue as a result of the
criminal complaint filed against the offending guest,

if the complaining employee is still in the employ of
the hotel or casino at the time the legal proceeding
occurs;
(6) inform the complaining employee that the Illinois
Human Rights Act and Title VII of the Civil Rights Act of
1964 provide additional protections against sexual
harassment in the workplace; and
(7) inform the complaining employee that Section 5-15
15 makes it illegal for an employer to retaliate against
any employee who: reasonably uses a safety device or
notification device; in good faith avails himself or
herself of the requirements set forth in paragraph (3),
(4), or (5); or discloses, reports, or testifies about any
violation of this Act or rules adopted under this Act.
Each hotel employer and casino employer shall provide all
employees with a current copy in English and Spanish of the
hotel employer's or casino employer's anti-sexual harassment
policy and post the policy in English and Spanish in
conspicuous places in areas of the hotel or casino, such as
supply rooms or employee lunch rooms, where employees can
reasonably be expected to see it. Each hotel employer and
casino employer shall also make all reasonable efforts to
provide employees with a current copy of its written
anti-sexual harassment policy in any language other than
English and Spanish that, in its sole discretion, is spoken by
a predominant portion of its employees.

(Source: P.A. 101-221, eff. 3-1-21 (See Section 50 of P.A.
101-639 for effective date of P.A. 101-221); revised 6-16-20.)
(820 ILCS 325/5-15)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 5-15. Retaliation prohibited. It is unlawful for a
hotel employer or casino employer to retaliate against an
employee for:
(1) reasonably using a safety device or notification
device;
(2) availing himself or herself of the provisions of
paragraph (3), (4), or (5) of subsection (b) of Section
5-10 10; or
(3) disclosing, reporting, or testifying about any
violation of this Act or any rule adopted under this Act.
(Source: P.A. 101-221, eff. 3-1-21 (See Section 50 of P.A.
101-639 for effective date of P.A. 101-221); revised 6-16-20.)
Section 875. The Illinois Income Tax Act is amended by
changing Sections 201, 208, 502, and 901 as follows:
(35 ILCS 5/201)
(Text of Section without the changes made by P.A. 101-8,
which did not take effect (see Section 99 of P.A. 101-8))
Sec. 201. Tax imposed.

(a) In general. A tax measured by net income is hereby
imposed on every individual, corporation, trust and estate for
each taxable year ending after July 31, 1969 on the privilege
of earning or receiving income in or as a resident of this
State. Such tax shall be in addition to all other occupation or
privilege taxes imposed by this State or by any municipal
corporation or political subdivision thereof.
(b) Rates. The tax imposed by subsection (a) of this
Section shall be determined as follows, except as adjusted by
subsection (d-1):
(1) In the case of an individual, trust or estate, for
taxable years ending prior to July 1, 1989, an amount
equal to 2 1/2% of the taxpayer's net income for the
taxable year.
(2) In the case of an individual, trust or estate, for
taxable years beginning prior to July 1, 1989 and ending
after June 30, 1989, an amount equal to the sum of (i) 2
1/2% of the taxpayer's net income for the period prior to
July 1, 1989, as calculated under Section 202.3, and (ii)
3% of the taxpayer's net income for the period after June
30, 1989, as calculated under Section 202.3.
(3) In the case of an individual, trust or estate, for
taxable years beginning after June 30, 1989, and ending
prior to January 1, 2011, an amount equal to 3% of the
taxpayer's net income for the taxable year.
(4) In the case of an individual, trust, or estate,

for taxable years beginning prior to January 1, 2011, and
ending after December 31, 2010, an amount equal to the sum
of (i) 3% of the taxpayer's net income for the period prior
to January 1, 2011, as calculated under Section 202.5, and
(ii) 5% of the taxpayer's net income for the period after
December 31, 2010, as calculated under Section 202.5.
(5) In the case of an individual, trust, or estate,
for taxable years beginning on or after January 1, 2011,
and ending prior to January 1, 2015, an amount equal to 5%
of the taxpayer's net income for the taxable year.
(5.1) In the case of an individual, trust, or estate,
for taxable years beginning prior to January 1, 2015, and
ending after December 31, 2014, an amount equal to the sum
of (i) 5% of the taxpayer's net income for the period prior
to January 1, 2015, as calculated under Section 202.5, and
(ii) 3.75% of the taxpayer's net income for the period
after December 31, 2014, as calculated under Section
202.5.
(5.2) In the case of an individual, trust, or estate,
for taxable years beginning on or after January 1, 2015,
and ending prior to July 1, 2017, an amount equal to 3.75%
of the taxpayer's net income for the taxable year.
(5.3) In the case of an individual, trust, or estate,
for taxable years beginning prior to July 1, 2017, and
ending after June 30, 2017, an amount equal to the sum of
(i) 3.75% of the taxpayer's net income for the period

prior to July 1, 2017, as calculated under Section 202.5,
and (ii) 4.95% of the taxpayer's net income for the period
after June 30, 2017, as calculated under Section 202.5.
(5.4) In the case of an individual, trust, or estate,
for taxable years beginning on or after July 1, 2017, an
amount equal to 4.95% of the taxpayer's net income for the
taxable year.
(6) In the case of a corporation, for taxable years
ending prior to July 1, 1989, an amount equal to 4% of the
taxpayer's net income for the taxable year.
(7) In the case of a corporation, for taxable years
beginning prior to July 1, 1989 and ending after June 30,
1989, an amount equal to the sum of (i) 4% of the
taxpayer's net income for the period prior to July 1,
1989, as calculated under Section 202.3, and (ii) 4.8% of
the taxpayer's net income for the period after June 30,
1989, as calculated under Section 202.3.
(8) In the case of a corporation, for taxable years
beginning after June 30, 1989, and ending prior to January
1, 2011, an amount equal to 4.8% of the taxpayer's net
income for the taxable year.
(9) In the case of a corporation, for taxable years
beginning prior to January 1, 2011, and ending after
December 31, 2010, an amount equal to the sum of (i) 4.8%
of the taxpayer's net income for the period prior to
January 1, 2011, as calculated under Section 202.5, and

(ii) 7% of the taxpayer's net income for the period after
December 31, 2010, as calculated under Section 202.5.
(10) In the case of a corporation, for taxable years
beginning on or after January 1, 2011, and ending prior to
January 1, 2015, an amount equal to 7% of the taxpayer's
net income for the taxable year.
(11) In the case of a corporation, for taxable years
beginning prior to January 1, 2015, and ending after
December 31, 2014, an amount equal to the sum of (i) 7% of
the taxpayer's net income for the period prior to January
1, 2015, as calculated under Section 202.5, and (ii) 5.25%
of the taxpayer's net income for the period after December
31, 2014, as calculated under Section 202.5.
(12) In the case of a corporation, for taxable years
beginning on or after January 1, 2015, and ending prior to
July 1, 2017, an amount equal to 5.25% of the taxpayer's
net income for the taxable year.
(13) In the case of a corporation, for taxable years
beginning prior to July 1, 2017, and ending after June 30,
2017, an amount equal to the sum of (i) 5.25% of the
taxpayer's net income for the period prior to July 1,
2017, as calculated under Section 202.5, and (ii) 7% of
the taxpayer's net income for the period after June 30,
2017, as calculated under Section 202.5.
(14) In the case of a corporation, for taxable years
beginning on or after July 1, 2017, an amount equal to 7%

of the taxpayer's net income for the taxable year.
The rates under this subsection (b) are subject to the
provisions of Section 201.5.
(b-5) Surcharge; sale or exchange of assets, properties,
and intangibles of organization gaming licensees. For each of
taxable years 2019 through 2027, a surcharge is imposed on all
taxpayers on income arising from the sale or exchange of
capital assets, depreciable business property, real property
used in the trade or business, and Section 197 intangibles (i)
of an organization licensee under the Illinois Horse Racing
Act of 1975 and (ii) of an organization gaming licensee under
the Illinois Gambling Act. The amount of the surcharge is
equal to the amount of federal income tax liability for the
taxable year attributable to those sales and exchanges. The
surcharge imposed shall not apply if:
(1) the organization gaming license, organization
license, or racetrack property is transferred as a result
of any of the following:
(A) bankruptcy, a receivership, or a debt
adjustment initiated by or against the initial
licensee or the substantial owners of the initial
licensee;
(B) cancellation, revocation, or termination of
any such license by the Illinois Gaming Board or the
Illinois Racing Board;
(C) a determination by the Illinois Gaming Board

that transfer of the license is in the best interests
of Illinois gaming;
(D) the death of an owner of the equity interest in
a licensee;
(E) the acquisition of a controlling interest in
the stock or substantially all of the assets of a
publicly traded company;
(F) a transfer by a parent company to a wholly
owned subsidiary; or
(G) the transfer or sale to or by one person to
another person where both persons were initial owners
of the license when the license was issued; or
(2) the controlling interest in the organization
gaming license, organization license, or racetrack
property is transferred in a transaction to lineal
descendants in which no gain or loss is recognized or as a
result of a transaction in accordance with Section 351 of
the Internal Revenue Code in which no gain or loss is
recognized; or
(3) live horse racing was not conducted in 2010 at a
racetrack located within 3 miles of the Mississippi River
under a license issued pursuant to the Illinois Horse
Racing Act of 1975.
The transfer of an organization gaming license,
organization license, or racetrack property by a person other
than the initial licensee to receive the organization gaming

license is not subject to a surcharge. The Department shall
adopt rules necessary to implement and administer this
subsection.
(c) Personal Property Tax Replacement Income Tax.
Beginning on July 1, 1979 and thereafter, in addition to such
income tax, there is also hereby imposed the Personal Property
Tax Replacement Income Tax measured by net income on every
corporation (including Subchapter S corporations), partnership
and trust, for each taxable year ending after June 30, 1979.
Such taxes are imposed on the privilege of earning or
receiving income in or as a resident of this State. The
Personal Property Tax Replacement Income Tax shall be in
addition to the income tax imposed by subsections (a) and (b)
of this Section and in addition to all other occupation or
privilege taxes imposed by this State or by any municipal
corporation or political subdivision thereof.
(d) Additional Personal Property Tax Replacement Income
Tax Rates. The personal property tax replacement income tax
imposed by this subsection and subsection (c) of this Section
in the case of a corporation, other than a Subchapter S
corporation and except as adjusted by subsection (d-1), shall
be an additional amount equal to 2.85% of such taxpayer's net
income for the taxable year, except that beginning on January
1, 1981, and thereafter, the rate of 2.85% specified in this
subsection shall be reduced to 2.5%, and in the case of a
partnership, trust or a Subchapter S corporation shall be an

additional amount equal to 1.5% of such taxpayer's net income
for the taxable year.
(d-1) Rate reduction for certain foreign insurers. In the
case of a foreign insurer, as defined by Section 35A-5 of the
Illinois Insurance Code, whose state or country of domicile
imposes on insurers domiciled in Illinois a retaliatory tax
(excluding any insurer whose premiums from reinsurance assumed
are 50% or more of its total insurance premiums as determined
under paragraph (2) of subsection (b) of Section 304, except
that for purposes of this determination premiums from
reinsurance do not include premiums from inter-affiliate
reinsurance arrangements), beginning with taxable years ending
on or after December 31, 1999, the sum of the rates of tax
imposed by subsections (b) and (d) shall be reduced (but not
increased) to the rate at which the total amount of tax imposed
under this Act, net of all credits allowed under this Act,
shall equal (i) the total amount of tax that would be imposed
on the foreign insurer's net income allocable to Illinois for
the taxable year by such foreign insurer's state or country of
domicile if that net income were subject to all income taxes
and taxes measured by net income imposed by such foreign
insurer's state or country of domicile, net of all credits
allowed or (ii) a rate of zero if no such tax is imposed on
such income by the foreign insurer's state of domicile. For
the purposes of this subsection (d-1), an inter-affiliate
includes a mutual insurer under common management.

(1) For the purposes of subsection (d-1), in no event
shall the sum of the rates of tax imposed by subsections
(b) and (d) be reduced below the rate at which the sum of:
(A) the total amount of tax imposed on such
foreign insurer under this Act for a taxable year, net
of all credits allowed under this Act, plus
(B) the privilege tax imposed by Section 409 of
the Illinois Insurance Code, the fire insurance
company tax imposed by Section 12 of the Fire
Investigation Act, and the fire department taxes
imposed under Section 11-10-1 of the Illinois
Municipal Code,
equals 1.25% for taxable years ending prior to December
31, 2003, or 1.75% for taxable years ending on or after
December 31, 2003, of the net taxable premiums written for
the taxable year, as described by subsection (1) of
Section 409 of the Illinois Insurance Code. This paragraph
will in no event increase the rates imposed under
subsections (b) and (d).
(2) Any reduction in the rates of tax imposed by this
subsection shall be applied first against the rates
imposed by subsection (b) and only after the tax imposed
by subsection (a) net of all credits allowed under this
Section other than the credit allowed under subsection (i)
has been reduced to zero, against the rates imposed by
subsection (d).

This subsection (d-1) is exempt from the provisions of
Section 250.
(e) Investment credit. A taxpayer shall be allowed a
credit against the Personal Property Tax Replacement Income
Tax for investment in qualified property.
(1) A taxpayer shall be allowed a credit equal to .5%
of the basis of qualified property placed in service
during the taxable year, provided such property is placed
in service on or after July 1, 1984. There shall be allowed
an additional credit equal to .5% of the basis of
qualified property placed in service during the taxable
year, provided such property is placed in service on or
after July 1, 1986, and the taxpayer's base employment
within Illinois has increased by 1% or more over the
preceding year as determined by the taxpayer's employment
records filed with the Illinois Department of Employment
Security. Taxpayers who are new to Illinois shall be
deemed to have met the 1% growth in base employment for the
first year in which they file employment records with the
Illinois Department of Employment Security. The provisions
added to this Section by Public Act 85-1200 (and restored
by Public Act 87-895) shall be construed as declaratory of
existing law and not as a new enactment. If, in any year,
the increase in base employment within Illinois over the
preceding year is less than 1%, the additional credit
shall be limited to that percentage times a fraction, the

numerator of which is .5% and the denominator of which is
1%, but shall not exceed .5%. The investment credit shall
not be allowed to the extent that it would reduce a
taxpayer's liability in any tax year below zero, nor may
any credit for qualified property be allowed for any year
other than the year in which the property was placed in
service in Illinois. For tax years ending on or after
December 31, 1987, and on or before December 31, 1988, the
credit shall be allowed for the tax year in which the
property is placed in service, or, if the amount of the
credit exceeds the tax liability for that year, whether it
exceeds the original liability or the liability as later
amended, such excess may be carried forward and applied to
the tax liability of the 5 taxable years following the
excess credit years if the taxpayer (i) makes investments
which cause the creation of a minimum of 2,000 full-time
equivalent jobs in Illinois, (ii) is located in an
enterprise zone established pursuant to the Illinois
Enterprise Zone Act and (iii) is certified by the
Department of Commerce and Community Affairs (now
Department of Commerce and Economic Opportunity) as
complying with the requirements specified in clause (i)
and (ii) by July 1, 1986. The Department of Commerce and
Community Affairs (now Department of Commerce and Economic
Opportunity) shall notify the Department of Revenue of all
such certifications immediately. For tax years ending

after December 31, 1988, the credit shall be allowed for
the tax year in which the property is placed in service,
or, if the amount of the credit exceeds the tax liability
for that year, whether it exceeds the original liability
or the liability as later amended, such excess may be
carried forward and applied to the tax liability of the 5
taxable years following the excess credit years. The
credit shall be applied to the earliest year for which
there is a liability. If there is credit from more than one
tax year that is available to offset a liability, earlier
credit shall be applied first.
(2) The term "qualified property" means property
which:
(A) is tangible, whether new or used, including
buildings and structural components of buildings and
signs that are real property, but not including land
or improvements to real property that are not a
structural component of a building such as
landscaping, sewer lines, local access roads, fencing,
parking lots, and other appurtenances;
(B) is depreciable pursuant to Section 167 of the
Internal Revenue Code, except that "3-year property"
as defined in Section 168(c)(2)(A) of that Code is not
eligible for the credit provided by this subsection
(e);
(C) is acquired by purchase as defined in Section

179(d) of the Internal Revenue Code;
(D) is used in Illinois by a taxpayer who is
primarily engaged in manufacturing, or in mining coal
or fluorite, or in retailing, or was placed in service
on or after July 1, 2006 in a River Edge Redevelopment
Zone established pursuant to the River Edge
Redevelopment Zone Act; and
(E) has not previously been used in Illinois in
such a manner and by such a person as would qualify for
the credit provided by this subsection (e) or
subsection (f).
(3) For purposes of this subsection (e),
"manufacturing" means the material staging and production
of tangible personal property by procedures commonly
regarded as manufacturing, processing, fabrication, or
assembling which changes some existing material into new
shapes, new qualities, or new combinations. For purposes
of this subsection (e) the term "mining" shall have the
same meaning as the term "mining" in Section 613(c) of the
Internal Revenue Code. For purposes of this subsection
(e), the term "retailing" means the sale of tangible
personal property for use or consumption and not for
resale, or services rendered in conjunction with the sale
of tangible personal property for use or consumption and
not for resale. For purposes of this subsection (e),
"tangible personal property" has the same meaning as when

that term is used in the Retailers' Occupation Tax Act,
and, for taxable years ending after December 31, 2008,
does not include the generation, transmission, or
distribution of electricity.
(4) The basis of qualified property shall be the basis
used to compute the depreciation deduction for federal
income tax purposes.
(5) If the basis of the property for federal income
tax depreciation purposes is increased after it has been
placed in service in Illinois by the taxpayer, the amount
of such increase shall be deemed property placed in
service on the date of such increase in basis.
(6) The term "placed in service" shall have the same
meaning as under Section 46 of the Internal Revenue Code.
(7) If during any taxable year, any property ceases to
be qualified property in the hands of the taxpayer within
48 months after being placed in service, or the situs of
any qualified property is moved outside Illinois within 48
months after being placed in service, the Personal
Property Tax Replacement Income Tax for such taxable year
shall be increased. Such increase shall be determined by
(i) recomputing the investment credit which would have
been allowed for the year in which credit for such
property was originally allowed by eliminating such
property from such computation and, (ii) subtracting such
recomputed credit from the amount of credit previously

allowed. For the purposes of this paragraph (7), a
reduction of the basis of qualified property resulting
from a redetermination of the purchase price shall be
deemed a disposition of qualified property to the extent
of such reduction.
(8) Unless the investment credit is extended by law,
the basis of qualified property shall not include costs
incurred after December 31, 2018, except for costs
incurred pursuant to a binding contract entered into on or
before December 31, 2018.
(9) Each taxable year ending before December 31, 2000,
a partnership may elect to pass through to its partners
the credits to which the partnership is entitled under
this subsection (e) for the taxable year. A partner may
use the credit allocated to him or her under this
paragraph only against the tax imposed in subsections (c)
and (d) of this Section. If the partnership makes that
election, those credits shall be allocated among the
partners in the partnership in accordance with the rules
set forth in Section 704(b) of the Internal Revenue Code,
and the rules promulgated under that Section, and the
allocated amount of the credits shall be allowed to the
partners for that taxable year. The partnership shall make
this election on its Personal Property Tax Replacement
Income Tax return for that taxable year. The election to
pass through the credits shall be irrevocable.

For taxable years ending on or after December 31,
2000, a partner that qualifies its partnership for a
subtraction under subparagraph (I) of paragraph (2) of
subsection (d) of Section 203 or a shareholder that
qualifies a Subchapter S corporation for a subtraction
under subparagraph (S) of paragraph (2) of subsection (b)
of Section 203 shall be allowed a credit under this
subsection (e) equal to its share of the credit earned
under this subsection (e) during the taxable year by the
partnership or Subchapter S corporation, determined in
accordance with the determination of income and
distributive share of income under Sections 702 and 704
and Subchapter S of the Internal Revenue Code. This
paragraph is exempt from the provisions of Section 250.
(f) Investment credit; Enterprise Zone; River Edge
Redevelopment Zone.
(1) A taxpayer shall be allowed a credit against the
tax imposed by subsections (a) and (b) of this Section for
investment in qualified property which is placed in
service in an Enterprise Zone created pursuant to the
Illinois Enterprise Zone Act or, for property placed in
service on or after July 1, 2006, a River Edge
Redevelopment Zone established pursuant to the River Edge
Redevelopment Zone Act. For partners, shareholders of
Subchapter S corporations, and owners of limited liability
companies, if the liability company is treated as a

partnership for purposes of federal and State income
taxation, there shall be allowed a credit under this
subsection (f) to be determined in accordance with the
determination of income and distributive share of income
under Sections 702 and 704 and Subchapter S of the
Internal Revenue Code. The credit shall be .5% of the
basis for such property. The credit shall be available
only in the taxable year in which the property is placed in
service in the Enterprise Zone or River Edge Redevelopment
Zone and shall not be allowed to the extent that it would
reduce a taxpayer's liability for the tax imposed by
subsections (a) and (b) of this Section to below zero. For
tax years ending on or after December 31, 1985, the credit
shall be allowed for the tax year in which the property is
placed in service, or, if the amount of the credit exceeds
the tax liability for that year, whether it exceeds the
original liability or the liability as later amended, such
excess may be carried forward and applied to the tax
liability of the 5 taxable years following the excess
credit year. The credit shall be applied to the earliest
year for which there is a liability. If there is credit
from more than one tax year that is available to offset a
liability, the credit accruing first in time shall be
applied first.
(2) The term qualified property means property which:
(A) is tangible, whether new or used, including

buildings and structural components of buildings;
(B) is depreciable pursuant to Section 167 of the
Internal Revenue Code, except that "3-year property"
as defined in Section 168(c)(2)(A) of that Code is not
eligible for the credit provided by this subsection
(f);
(C) is acquired by purchase as defined in Section
179(d) of the Internal Revenue Code;
(D) is used in the Enterprise Zone or River Edge
Redevelopment Zone by the taxpayer; and
(E) has not been previously used in Illinois in
such a manner and by such a person as would qualify for
the credit provided by this subsection (f) or
subsection (e).
(3) The basis of qualified property shall be the basis
used to compute the depreciation deduction for federal
income tax purposes.
(4) If the basis of the property for federal income
tax depreciation purposes is increased after it has been
placed in service in the Enterprise Zone or River Edge
Redevelopment Zone by the taxpayer, the amount of such
increase shall be deemed property placed in service on the
date of such increase in basis.
(5) The term "placed in service" shall have the same
meaning as under Section 46 of the Internal Revenue Code.
(6) If during any taxable year, any property ceases to

be qualified property in the hands of the taxpayer within
48 months after being placed in service, or the situs of
any qualified property is moved outside the Enterprise
Zone or River Edge Redevelopment Zone within 48 months
after being placed in service, the tax imposed under
subsections (a) and (b) of this Section for such taxable
year shall be increased. Such increase shall be determined
by (i) recomputing the investment credit which would have
been allowed for the year in which credit for such
property was originally allowed by eliminating such
property from such computation, and (ii) subtracting such
recomputed credit from the amount of credit previously
allowed. For the purposes of this paragraph (6), a
reduction of the basis of qualified property resulting
from a redetermination of the purchase price shall be
deemed a disposition of qualified property to the extent
of such reduction.
(7) There shall be allowed an additional credit equal
to 0.5% of the basis of qualified property placed in
service during the taxable year in a River Edge
Redevelopment Zone, provided such property is placed in
service on or after July 1, 2006, and the taxpayer's base
employment within Illinois has increased by 1% or more
over the preceding year as determined by the taxpayer's
employment records filed with the Illinois Department of
Employment Security. Taxpayers who are new to Illinois

shall be deemed to have met the 1% growth in base
employment for the first year in which they file
employment records with the Illinois Department of
Employment Security. If, in any year, the increase in base
employment within Illinois over the preceding year is less
than 1%, the additional credit shall be limited to that
percentage times a fraction, the numerator of which is
0.5% and the denominator of which is 1%, but shall not
exceed 0.5%.
(8) For taxable years beginning on or after January 1,
2021, there shall be allowed an Enterprise Zone
construction jobs credit against the taxes imposed under
subsections (a) and (b) of this Section as provided in
Section 13 of the Illinois Enterprise Zone Act.
The credit or credits may not reduce the taxpayer's
liability to less than zero. If the amount of the credit or
credits exceeds the taxpayer's liability, the excess may
be carried forward and applied against the taxpayer's
liability in succeeding calendar years in the same manner
provided under paragraph (4) of Section 211 of this Act.
The credit or credits shall be applied to the earliest
year for which there is a tax liability. If there are
credits from more than one taxable year that are available
to offset a liability, the earlier credit shall be applied
first.
For partners, shareholders of Subchapter S

corporations, and owners of limited liability companies,
if the liability company is treated as a partnership for
the purposes of federal and State income taxation, there
shall be allowed a credit under this Section to be
determined in accordance with the determination of income
and distributive share of income under Sections 702 and
704 and Subchapter S of the Internal Revenue Code.
The total aggregate amount of credits awarded under
the Blue Collar Jobs Act (Article 20 of Public Act 101-9
this amendatory Act of the 101st General Assembly) shall
not exceed $20,000,000 in any State fiscal year.
This paragraph (8) is exempt from the provisions of
Section 250.
(g) (Blank).
(h) Investment credit; High Impact Business.
(1) Subject to subsections (b) and (b-5) of Section
5.5 of the Illinois Enterprise Zone Act, a taxpayer shall
be allowed a credit against the tax imposed by subsections
(a) and (b) of this Section for investment in qualified
property which is placed in service by a Department of
Commerce and Economic Opportunity designated High Impact
Business. The credit shall be .5% of the basis for such
property. The credit shall not be available (i) until the
minimum investments in qualified property set forth in
subdivision (a)(3)(A) of Section 5.5 of the Illinois
Enterprise Zone Act have been satisfied or (ii) until the

time authorized in subsection (b-5) of the Illinois
Enterprise Zone Act for entities designated as High Impact
Businesses under subdivisions (a)(3)(B), (a)(3)(C), and
(a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone
Act, and shall not be allowed to the extent that it would
reduce a taxpayer's liability for the tax imposed by
subsections (a) and (b) of this Section to below zero. The
credit applicable to such investments shall be taken in
the taxable year in which such investments have been
completed. The credit for additional investments beyond
the minimum investment by a designated high impact
business authorized under subdivision (a)(3)(A) of Section
5.5 of the Illinois Enterprise Zone Act shall be available
only in the taxable year in which the property is placed in
service and shall not be allowed to the extent that it
would reduce a taxpayer's liability for the tax imposed by
subsections (a) and (b) of this Section to below zero. For
tax years ending on or after December 31, 1987, the credit
shall be allowed for the tax year in which the property is
placed in service, or, if the amount of the credit exceeds
the tax liability for that year, whether it exceeds the
original liability or the liability as later amended, such
excess may be carried forward and applied to the tax
liability of the 5 taxable years following the excess
credit year. The credit shall be applied to the earliest
year for which there is a liability. If there is credit

from more than one tax year that is available to offset a
liability, the credit accruing first in time shall be
applied first.
Changes made in this subdivision (h)(1) by Public Act
88-670 restore changes made by Public Act 85-1182 and
reflect existing law.
(2) The term qualified property means property which:
(A) is tangible, whether new or used, including
buildings and structural components of buildings;
(B) is depreciable pursuant to Section 167 of the
Internal Revenue Code, except that "3-year property"
as defined in Section 168(c)(2)(A) of that Code is not
eligible for the credit provided by this subsection
(h);
(C) is acquired by purchase as defined in Section
179(d) of the Internal Revenue Code; and
(D) is not eligible for the Enterprise Zone
Investment Credit provided by subsection (f) of this
Section.
(3) The basis of qualified property shall be the basis
used to compute the depreciation deduction for federal
income tax purposes.
(4) If the basis of the property for federal income
tax depreciation purposes is increased after it has been
placed in service in a federally designated Foreign Trade
Zone or Sub-Zone located in Illinois by the taxpayer, the

amount of such increase shall be deemed property placed in
service on the date of such increase in basis.
(5) The term "placed in service" shall have the same
meaning as under Section 46 of the Internal Revenue Code.
(6) If during any taxable year ending on or before
December 31, 1996, any property ceases to be qualified
property in the hands of the taxpayer within 48 months
after being placed in service, or the situs of any
qualified property is moved outside Illinois within 48
months after being placed in service, the tax imposed
under subsections (a) and (b) of this Section for such
taxable year shall be increased. Such increase shall be
determined by (i) recomputing the investment credit which
would have been allowed for the year in which credit for
such property was originally allowed by eliminating such
property from such computation, and (ii) subtracting such
recomputed credit from the amount of credit previously
allowed. For the purposes of this paragraph (6), a
reduction of the basis of qualified property resulting
from a redetermination of the purchase price shall be
deemed a disposition of qualified property to the extent
of such reduction.
(7) Beginning with tax years ending after December 31,
1996, if a taxpayer qualifies for the credit under this
subsection (h) and thereby is granted a tax abatement and
the taxpayer relocates its entire facility in violation of

the explicit terms and length of the contract under
Section 18-183 of the Property Tax Code, the tax imposed
under subsections (a) and (b) of this Section shall be
increased for the taxable year in which the taxpayer
relocated its facility by an amount equal to the amount of
credit received by the taxpayer under this subsection (h).
(h-5) High Impact Business construction constructions jobs
credit. For taxable years beginning on or after January 1,
2021, there shall also be allowed a High Impact Business
construction jobs credit against the tax imposed under
subsections (a) and (b) of this Section as provided in
subsections (i) and (j) of Section 5.5 of the Illinois
Enterprise Zone Act.
The credit or credits may not reduce the taxpayer's
liability to less than zero. If the amount of the credit or
credits exceeds the taxpayer's liability, the excess may be
carried forward and applied against the taxpayer's liability
in succeeding calendar years in the manner provided under
paragraph (4) of Section 211 of this Act. The credit or credits
shall be applied to the earliest year for which there is a tax
liability. If there are credits from more than one taxable
year that are available to offset a liability, the earlier
credit shall be applied first.
For partners, shareholders of Subchapter S corporations,
and owners of limited liability companies, if the liability
company is treated as a partnership for the purposes of

federal and State income taxation, there shall be allowed a
credit under this Section to be determined in accordance with
the determination of income and distributive share of income
under Sections 702 and 704 and Subchapter S of the Internal
Revenue Code.
The total aggregate amount of credits awarded under the
Blue Collar Jobs Act (Article 20 of Public Act 101-9 this
amendatory Act of the 101st General Assembly) shall not exceed
$20,000,000 in any State fiscal year.
This subsection (h-5) is exempt from the provisions of
Section 250.
(i) Credit for Personal Property Tax Replacement Income
Tax. For tax years ending prior to December 31, 2003, a credit
shall be allowed against the tax imposed by subsections (a)
and (b) of this Section for the tax imposed by subsections (c)
and (d) of this Section. This credit shall be computed by
multiplying the tax imposed by subsections (c) and (d) of this
Section by a fraction, the numerator of which is base income
allocable to Illinois and the denominator of which is Illinois
base income, and further multiplying the product by the tax
rate imposed by subsections (a) and (b) of this Section.
Any credit earned on or after December 31, 1986 under this
subsection which is unused in the year the credit is computed
because it exceeds the tax liability imposed by subsections
(a) and (b) for that year (whether it exceeds the original
liability or the liability as later amended) may be carried

forward and applied to the tax liability imposed by
subsections (a) and (b) of the 5 taxable years following the
excess credit year, provided that no credit may be carried
forward to any year ending on or after December 31, 2003. This
credit shall be applied first to the earliest year for which
there is a liability. If there is a credit under this
subsection from more than one tax year that is available to
offset a liability the earliest credit arising under this
subsection shall be applied first.
If, during any taxable year ending on or after December
31, 1986, the tax imposed by subsections (c) and (d) of this
Section for which a taxpayer has claimed a credit under this
subsection (i) is reduced, the amount of credit for such tax
shall also be reduced. Such reduction shall be determined by
recomputing the credit to take into account the reduced tax
imposed by subsections (c) and (d). If any portion of the
reduced amount of credit has been carried to a different
taxable year, an amended return shall be filed for such
taxable year to reduce the amount of credit claimed.
(j) Training expense credit. Beginning with tax years
ending on or after December 31, 1986 and prior to December 31,
2003, a taxpayer shall be allowed a credit against the tax
imposed by subsections (a) and (b) under this Section for all
amounts paid or accrued, on behalf of all persons employed by
the taxpayer in Illinois or Illinois residents employed
outside of Illinois by a taxpayer, for educational or

vocational training in semi-technical or technical fields or
semi-skilled or skilled fields, which were deducted from gross
income in the computation of taxable income. The credit
against the tax imposed by subsections (a) and (b) shall be
1.6% of such training expenses. For partners, shareholders of
subchapter S corporations, and owners of limited liability
companies, if the liability company is treated as a
partnership for purposes of federal and State income taxation,
there shall be allowed a credit under this subsection (j) to be
determined in accordance with the determination of income and
distributive share of income under Sections 702 and 704 and
subchapter S of the Internal Revenue Code.
Any credit allowed under this subsection which is unused
in the year the credit is earned may be carried forward to each
of the 5 taxable years following the year for which the credit
is first computed until it is used. This credit shall be
applied first to the earliest year for which there is a
liability. If there is a credit under this subsection from
more than one tax year that is available to offset a liability,
the earliest credit arising under this subsection shall be
applied first. No carryforward credit may be claimed in any
tax year ending on or after December 31, 2003.
(k) Research and development credit. For tax years ending
after July 1, 1990 and prior to December 31, 2003, and
beginning again for tax years ending on or after December 31,
2004, and ending prior to January 1, 2027, a taxpayer shall be

allowed a credit against the tax imposed by subsections (a)
and (b) of this Section for increasing research activities in
this State. The credit allowed against the tax imposed by
subsections (a) and (b) shall be equal to 6 1/2% of the
qualifying expenditures for increasing research activities in
this State. For partners, shareholders of subchapter S
corporations, and owners of limited liability companies, if
the liability company is treated as a partnership for purposes
of federal and State income taxation, there shall be allowed a
credit under this subsection to be determined in accordance
with the determination of income and distributive share of
income under Sections 702 and 704 and subchapter S of the
Internal Revenue Code.
For purposes of this subsection, "qualifying expenditures"
means the qualifying expenditures as defined for the federal
credit for increasing research activities which would be
allowable under Section 41 of the Internal Revenue Code and
which are conducted in this State, "qualifying expenditures
for increasing research activities in this State" means the
excess of qualifying expenditures for the taxable year in
which incurred over qualifying expenditures for the base
period, "qualifying expenditures for the base period" means
the average of the qualifying expenditures for each year in
the base period, and "base period" means the 3 taxable years
immediately preceding the taxable year for which the
determination is being made.

Any credit in excess of the tax liability for the taxable
year may be carried forward. A taxpayer may elect to have the
unused credit shown on its final completed return carried over
as a credit against the tax liability for the following 5
taxable years or until it has been fully used, whichever
occurs first; provided that no credit earned in a tax year
ending prior to December 31, 2003 may be carried forward to any
year ending on or after December 31, 2003.
If an unused credit is carried forward to a given year from
2 or more earlier years, that credit arising in the earliest
year will be applied first against the tax liability for the
given year. If a tax liability for the given year still
remains, the credit from the next earliest year will then be
applied, and so on, until all credits have been used or no tax
liability for the given year remains. Any remaining unused
credit or credits then will be carried forward to the next
following year in which a tax liability is incurred, except
that no credit can be carried forward to a year which is more
than 5 years after the year in which the expense for which the
credit is given was incurred.
No inference shall be drawn from Public Act 91-644 this
amendatory Act of the 91st General Assembly in construing this
Section for taxable years beginning before January 1, 1999.
It is the intent of the General Assembly that the research
and development credit under this subsection (k) shall apply
continuously for all tax years ending on or after December 31,

2004 and ending prior to January 1, 2027, including, but not
limited to, the period beginning on January 1, 2016 and ending
on July 6, 2017 (the effective date of Public Act 100-22) this
amendatory Act of the 100th General Assembly. All actions
taken in reliance on the continuation of the credit under this
subsection (k) by any taxpayer are hereby validated.
(l) Environmental Remediation Tax Credit.
(i) For tax years ending after December 31, 1997 and
on or before December 31, 2001, a taxpayer shall be
allowed a credit against the tax imposed by subsections
(a) and (b) of this Section for certain amounts paid for
unreimbursed eligible remediation costs, as specified in
this subsection. For purposes of this Section,
"unreimbursed eligible remediation costs" means costs
approved by the Illinois Environmental Protection Agency
("Agency") under Section 58.14 of the Environmental
Protection Act that were paid in performing environmental
remediation at a site for which a No Further Remediation
Letter was issued by the Agency and recorded under Section
58.10 of the Environmental Protection Act. The credit must
be claimed for the taxable year in which Agency approval
of the eligible remediation costs is granted. The credit
is not available to any taxpayer if the taxpayer or any
related party caused or contributed to, in any material
respect, a release of regulated substances on, in, or
under the site that was identified and addressed by the

remedial action pursuant to the Site Remediation Program
of the Environmental Protection Act. After the Pollution
Control Board rules are adopted pursuant to the Illinois
Administrative Procedure Act for the administration and
enforcement of Section 58.9 of the Environmental
Protection Act, determinations as to credit availability
for purposes of this Section shall be made consistent with
those rules. For purposes of this Section, "taxpayer"
includes a person whose tax attributes the taxpayer has
succeeded to under Section 381 of the Internal Revenue
Code and "related party" includes the persons disallowed a
deduction for losses by paragraphs (b), (c), and (f)(1) of
Section 267 of the Internal Revenue Code by virtue of
being a related taxpayer, as well as any of its partners.
The credit allowed against the tax imposed by subsections
(a) and (b) shall be equal to 25% of the unreimbursed
eligible remediation costs in excess of $100,000 per site,
except that the $100,000 threshold shall not apply to any
site contained in an enterprise zone as determined by the
Department of Commerce and Community Affairs (now
Department of Commerce and Economic Opportunity). The
total credit allowed shall not exceed $40,000 per year
with a maximum total of $150,000 per site. For partners
and shareholders of subchapter S corporations, there shall
be allowed a credit under this subsection to be determined
in accordance with the determination of income and

distributive share of income under Sections 702 and 704
and subchapter S of the Internal Revenue Code.
(ii) A credit allowed under this subsection that is
unused in the year the credit is earned may be carried
forward to each of the 5 taxable years following the year
for which the credit is first earned until it is used. The
term "unused credit" does not include any amounts of
unreimbursed eligible remediation costs in excess of the
maximum credit per site authorized under paragraph (i).
This credit shall be applied first to the earliest year
for which there is a liability. If there is a credit under
this subsection from more than one tax year that is
available to offset a liability, the earliest credit
arising under this subsection shall be applied first. A
credit allowed under this subsection may be sold to a
buyer as part of a sale of all or part of the remediation
site for which the credit was granted. The purchaser of a
remediation site and the tax credit shall succeed to the
unused credit and remaining carry-forward period of the
seller. To perfect the transfer, the assignor shall record
the transfer in the chain of title for the site and provide
written notice to the Director of the Illinois Department
of Revenue of the assignor's intent to sell the
remediation site and the amount of the tax credit to be
transferred as a portion of the sale. In no event may a
credit be transferred to any taxpayer if the taxpayer or a

related party would not be eligible under the provisions
of subsection (i).
(iii) For purposes of this Section, the term "site"
shall have the same meaning as under Section 58.2 of the
Environmental Protection Act.
(m) Education expense credit. Beginning with tax years
ending after December 31, 1999, a taxpayer who is the
custodian of one or more qualifying pupils shall be allowed a
credit against the tax imposed by subsections (a) and (b) of
this Section for qualified education expenses incurred on
behalf of the qualifying pupils. The credit shall be equal to
25% of qualified education expenses, but in no event may the
total credit under this subsection claimed by a family that is
the custodian of qualifying pupils exceed (i) $500 for tax
years ending prior to December 31, 2017, and (ii) $750 for tax
years ending on or after December 31, 2017. In no event shall a
credit under this subsection reduce the taxpayer's liability
under this Act to less than zero. Notwithstanding any other
provision of law, for taxable years beginning on or after
January 1, 2017, no taxpayer may claim a credit under this
subsection (m) if the taxpayer's adjusted gross income for the
taxable year exceeds (i) $500,000, in the case of spouses
filing a joint federal tax return or (ii) $250,000, in the case
of all other taxpayers. This subsection is exempt from the
provisions of Section 250 of this Act.
For purposes of this subsection:

"Qualifying pupils" means individuals who (i) are
residents of the State of Illinois, (ii) are under the age of
21 at the close of the school year for which a credit is
sought, and (iii) during the school year for which a credit is
sought were full-time pupils enrolled in a kindergarten
through twelfth grade education program at any school, as
defined in this subsection.
"Qualified education expense" means the amount incurred on
behalf of a qualifying pupil in excess of $250 for tuition,
book fees, and lab fees at the school in which the pupil is
enrolled during the regular school year.
"School" means any public or nonpublic elementary or
secondary school in Illinois that is in compliance with Title
VI of the Civil Rights Act of 1964 and attendance at which
satisfies the requirements of Section 26-1 of the School Code,
except that nothing shall be construed to require a child to
attend any particular public or nonpublic school to qualify
for the credit under this Section.
"Custodian" means, with respect to qualifying pupils, an
Illinois resident who is a parent, the parents, a legal
guardian, or the legal guardians of the qualifying pupils.
(n) River Edge Redevelopment Zone site remediation tax
credit.
(i) For tax years ending on or after December 31,
2006, a taxpayer shall be allowed a credit against the tax
imposed by subsections (a) and (b) of this Section for

certain amounts paid for unreimbursed eligible remediation
costs, as specified in this subsection. For purposes of
this Section, "unreimbursed eligible remediation costs"
means costs approved by the Illinois Environmental
Protection Agency ("Agency") under Section 58.14a of the
Environmental Protection Act that were paid in performing
environmental remediation at a site within a River Edge
Redevelopment Zone for which a No Further Remediation
Letter was issued by the Agency and recorded under Section
58.10 of the Environmental Protection Act. The credit must
be claimed for the taxable year in which Agency approval
of the eligible remediation costs is granted. The credit
is not available to any taxpayer if the taxpayer or any
related party caused or contributed to, in any material
respect, a release of regulated substances on, in, or
under the site that was identified and addressed by the
remedial action pursuant to the Site Remediation Program
of the Environmental Protection Act. Determinations as to
credit availability for purposes of this Section shall be
made consistent with rules adopted by the Pollution
Control Board pursuant to the Illinois Administrative
Procedure Act for the administration and enforcement of
Section 58.9 of the Environmental Protection Act. For
purposes of this Section, "taxpayer" includes a person
whose tax attributes the taxpayer has succeeded to under
Section 381 of the Internal Revenue Code and "related

party" includes the persons disallowed a deduction for
losses by paragraphs (b), (c), and (f)(1) of Section 267
of the Internal Revenue Code by virtue of being a related
taxpayer, as well as any of its partners. The credit
allowed against the tax imposed by subsections (a) and (b)
shall be equal to 25% of the unreimbursed eligible
remediation costs in excess of $100,000 per site.
(ii) A credit allowed under this subsection that is
unused in the year the credit is earned may be carried
forward to each of the 5 taxable years following the year
for which the credit is first earned until it is used. This
credit shall be applied first to the earliest year for
which there is a liability. If there is a credit under this
subsection from more than one tax year that is available
to offset a liability, the earliest credit arising under
this subsection shall be applied first. A credit allowed
under this subsection may be sold to a buyer as part of a
sale of all or part of the remediation site for which the
credit was granted. The purchaser of a remediation site
and the tax credit shall succeed to the unused credit and
remaining carry-forward period of the seller. To perfect
the transfer, the assignor shall record the transfer in
the chain of title for the site and provide written notice
to the Director of the Illinois Department of Revenue of
the assignor's intent to sell the remediation site and the
amount of the tax credit to be transferred as a portion of

the sale. In no event may a credit be transferred to any
taxpayer if the taxpayer or a related party would not be
eligible under the provisions of subsection (i).
(iii) For purposes of this Section, the term "site"
shall have the same meaning as under Section 58.2 of the
Environmental Protection Act.
(o) For each of taxable years during the Compassionate Use
of Medical Cannabis Program, a surcharge is imposed on all
taxpayers on income arising from the sale or exchange of
capital assets, depreciable business property, real property
used in the trade or business, and Section 197 intangibles of
an organization registrant under the Compassionate Use of
Medical Cannabis Program Act. The amount of the surcharge is
equal to the amount of federal income tax liability for the
taxable year attributable to those sales and exchanges. The
surcharge imposed does not apply if:
(1) the medical cannabis cultivation center
registration, medical cannabis dispensary registration, or
the property of a registration is transferred as a result
of any of the following:
(A) bankruptcy, a receivership, or a debt
adjustment initiated by or against the initial
registration or the substantial owners of the initial
registration;
(B) cancellation, revocation, or termination of
any registration by the Illinois Department of Public

Health;
(C) a determination by the Illinois Department of
Public Health that transfer of the registration is in
the best interests of Illinois qualifying patients as
defined by the Compassionate Use of Medical Cannabis
Program Act;
(D) the death of an owner of the equity interest in
a registrant;
(E) the acquisition of a controlling interest in
the stock or substantially all of the assets of a
publicly traded company;
(F) a transfer by a parent company to a wholly
owned subsidiary; or
(G) the transfer or sale to or by one person to
another person where both persons were initial owners
of the registration when the registration was issued;
or
(2) the cannabis cultivation center registration,
medical cannabis dispensary registration, or the
controlling interest in a registrant's property is
transferred in a transaction to lineal descendants in
which no gain or loss is recognized or as a result of a
transaction in accordance with Section 351 of the Internal
Revenue Code in which no gain or loss is recognized.
(Source: P.A. 100-22, eff. 7-6-17; 101-9, eff. 6-5-19; 101-31,
eff. 6-28-19; 101-207, eff. 8-2-19; 101-363, eff. 8-9-19;

revised 11-18-20.)
(Text of Section with the changes made by P.A. 101-8,
which did not take effect (see Section 99 of P.A. 101-8))
Sec. 201. Tax imposed.
(a) In general. A tax measured by net income is hereby
imposed on every individual, corporation, trust and estate for
each taxable year ending after July 31, 1969 on the privilege
of earning or receiving income in or as a resident of this
State. Such tax shall be in addition to all other occupation or
privilege taxes imposed by this State or by any municipal
corporation or political subdivision thereof.
(b) Rates. The tax imposed by subsection (a) of this
Section shall be determined as follows, except as adjusted by
subsection (d-1):
(1) In the case of an individual, trust or estate, for
taxable years ending prior to July 1, 1989, an amount
equal to 2 1/2% of the taxpayer's net income for the
taxable year.
(2) In the case of an individual, trust or estate, for
taxable years beginning prior to July 1, 1989 and ending
after June 30, 1989, an amount equal to the sum of (i) 2
1/2% of the taxpayer's net income for the period prior to
July 1, 1989, as calculated under Section 202.3, and (ii)
3% of the taxpayer's net income for the period after June
30, 1989, as calculated under Section 202.3.

(3) In the case of an individual, trust or estate, for
taxable years beginning after June 30, 1989, and ending
prior to January 1, 2011, an amount equal to 3% of the
taxpayer's net income for the taxable year.
(4) In the case of an individual, trust, or estate,
for taxable years beginning prior to January 1, 2011, and
ending after December 31, 2010, an amount equal to the sum
of (i) 3% of the taxpayer's net income for the period prior
to January 1, 2011, as calculated under Section 202.5, and
(ii) 5% of the taxpayer's net income for the period after
December 31, 2010, as calculated under Section 202.5.
(5) In the case of an individual, trust, or estate,
for taxable years beginning on or after January 1, 2011,
and ending prior to January 1, 2015, an amount equal to 5%
of the taxpayer's net income for the taxable year.
(5.1) In the case of an individual, trust, or estate,
for taxable years beginning prior to January 1, 2015, and
ending after December 31, 2014, an amount equal to the sum
of (i) 5% of the taxpayer's net income for the period prior
to January 1, 2015, as calculated under Section 202.5, and
(ii) 3.75% of the taxpayer's net income for the period
after December 31, 2014, as calculated under Section
202.5.
(5.2) In the case of an individual, trust, or estate,
for taxable years beginning on or after January 1, 2015,
and ending prior to July 1, 2017, an amount equal to 3.75%

of the taxpayer's net income for the taxable year.
(5.3) In the case of an individual, trust, or estate,
for taxable years beginning prior to July 1, 2017, and
ending after June 30, 2017, an amount equal to the sum of
(i) 3.75% of the taxpayer's net income for the period
prior to July 1, 2017, as calculated under Section 202.5,
and (ii) 4.95% of the taxpayer's net income for the period
after June 30, 2017, as calculated under Section 202.5.
(5.4) In the case of an individual, trust, or estate,
for taxable years beginning on or after July 1, 2017 and
beginning prior to January 1, 2021, an amount equal to
4.95% of the taxpayer's net income for the taxable year.
(5.5) In the case of an individual, trust, or estate,
for taxable years beginning on or after January 1, 2021,
an amount calculated under the rate structure set forth in
Section 201.1.
(6) In the case of a corporation, for taxable years
ending prior to July 1, 1989, an amount equal to 4% of the
taxpayer's net income for the taxable year.
(7) In the case of a corporation, for taxable years
beginning prior to July 1, 1989 and ending after June 30,
1989, an amount equal to the sum of (i) 4% of the
taxpayer's net income for the period prior to July 1,
1989, as calculated under Section 202.3, and (ii) 4.8% of
the taxpayer's net income for the period after June 30,
1989, as calculated under Section 202.3.

(8) In the case of a corporation, for taxable years
beginning after June 30, 1989, and ending prior to January
1, 2011, an amount equal to 4.8% of the taxpayer's net
income for the taxable year.
(9) In the case of a corporation, for taxable years
beginning prior to January 1, 2011, and ending after
December 31, 2010, an amount equal to the sum of (i) 4.8%
of the taxpayer's net income for the period prior to
January 1, 2011, as calculated under Section 202.5, and
(ii) 7% of the taxpayer's net income for the period after
December 31, 2010, as calculated under Section 202.5.
(10) In the case of a corporation, for taxable years
beginning on or after January 1, 2011, and ending prior to
January 1, 2015, an amount equal to 7% of the taxpayer's
net income for the taxable year.
(11) In the case of a corporation, for taxable years
beginning prior to January 1, 2015, and ending after
December 31, 2014, an amount equal to the sum of (i) 7% of
the taxpayer's net income for the period prior to January
1, 2015, as calculated under Section 202.5, and (ii) 5.25%
of the taxpayer's net income for the period after December
31, 2014, as calculated under Section 202.5.
(12) In the case of a corporation, for taxable years
beginning on or after January 1, 2015, and ending prior to
July 1, 2017, an amount equal to 5.25% of the taxpayer's
net income for the taxable year.

(13) In the case of a corporation, for taxable years
beginning prior to July 1, 2017, and ending after June 30,
2017, an amount equal to the sum of (i) 5.25% of the
taxpayer's net income for the period prior to July 1,
2017, as calculated under Section 202.5, and (ii) 7% of
the taxpayer's net income for the period after June 30,
2017, as calculated under Section 202.5.
(14) In the case of a corporation, for taxable years
beginning on or after July 1, 2017 and beginning prior to
January 1, 2021, an amount equal to 7% of the taxpayer's
net income for the taxable year.
(15) In the case of a corporation, for taxable years
beginning on or after January 1, 2021, an amount equal to
7.99% of the taxpayer's net income for the taxable year.
The rates under this subsection (b) are subject to the
provisions of Section 201.5.
(b-5) Surcharge; sale or exchange of assets, properties,
and intangibles of organization gaming licensees. For each of
taxable years 2019 through 2027, a surcharge is imposed on all
taxpayers on income arising from the sale or exchange of
capital assets, depreciable business property, real property
used in the trade or business, and Section 197 intangibles (i)
of an organization licensee under the Illinois Horse Racing
Act of 1975 and (ii) of an organization gaming licensee under
the Illinois Gambling Act. The amount of the surcharge is
equal to the amount of federal income tax liability for the

taxable year attributable to those sales and exchanges. The
surcharge imposed shall not apply if:
(1) the organization gaming license, organization
license, or racetrack property is transferred as a result
of any of the following:
(A) bankruptcy, a receivership, or a debt
adjustment initiated by or against the initial
licensee or the substantial owners of the initial
licensee;
(B) cancellation, revocation, or termination of
any such license by the Illinois Gaming Board or the
Illinois Racing Board;
(C) a determination by the Illinois Gaming Board
that transfer of the license is in the best interests
of Illinois gaming;
(D) the death of an owner of the equity interest in
a licensee;
(E) the acquisition of a controlling interest in
the stock or substantially all of the assets of a
publicly traded company;
(F) a transfer by a parent company to a wholly
owned subsidiary; or
(G) the transfer or sale to or by one person to
another person where both persons were initial owners
of the license when the license was issued; or
(2) the controlling interest in the organization

gaming license, organization license, or racetrack
property is transferred in a transaction to lineal
descendants in which no gain or loss is recognized or as a
result of a transaction in accordance with Section 351 of
the Internal Revenue Code in which no gain or loss is
recognized; or
(3) live horse racing was not conducted in 2010 at a
racetrack located within 3 miles of the Mississippi River
under a license issued pursuant to the Illinois Horse
Racing Act of 1975.
The transfer of an organization gaming license,
organization license, or racetrack property by a person other
than the initial licensee to receive the organization gaming
license is not subject to a surcharge. The Department shall
adopt rules necessary to implement and administer this
subsection.
(c) Personal Property Tax Replacement Income Tax.
Beginning on July 1, 1979 and thereafter, in addition to such
income tax, there is also hereby imposed the Personal Property
Tax Replacement Income Tax measured by net income on every
corporation (including Subchapter S corporations), partnership
and trust, for each taxable year ending after June 30, 1979.
Such taxes are imposed on the privilege of earning or
receiving income in or as a resident of this State. The
Personal Property Tax Replacement Income Tax shall be in
addition to the income tax imposed by subsections (a) and (b)

of this Section and in addition to all other occupation or
privilege taxes imposed by this State or by any municipal
corporation or political subdivision thereof.
(d) Additional Personal Property Tax Replacement Income
Tax Rates. The personal property tax replacement income tax
imposed by this subsection and subsection (c) of this Section
in the case of a corporation, other than a Subchapter S
corporation and except as adjusted by subsection (d-1), shall
be an additional amount equal to 2.85% of such taxpayer's net
income for the taxable year, except that beginning on January
1, 1981, and thereafter, the rate of 2.85% specified in this
subsection shall be reduced to 2.5%, and in the case of a
partnership, trust or a Subchapter S corporation shall be an
additional amount equal to 1.5% of such taxpayer's net income
for the taxable year.
(d-1) Rate reduction for certain foreign insurers. In the
case of a foreign insurer, as defined by Section 35A-5 of the
Illinois Insurance Code, whose state or country of domicile
imposes on insurers domiciled in Illinois a retaliatory tax
(excluding any insurer whose premiums from reinsurance assumed
are 50% or more of its total insurance premiums as determined
under paragraph (2) of subsection (b) of Section 304, except
that for purposes of this determination premiums from
reinsurance do not include premiums from inter-affiliate
reinsurance arrangements), beginning with taxable years ending
on or after December 31, 1999, the sum of the rates of tax

imposed by subsections (b) and (d) shall be reduced (but not
increased) to the rate at which the total amount of tax imposed
under this Act, net of all credits allowed under this Act,
shall equal (i) the total amount of tax that would be imposed
on the foreign insurer's net income allocable to Illinois for
the taxable year by such foreign insurer's state or country of
domicile if that net income were subject to all income taxes
and taxes measured by net income imposed by such foreign
insurer's state or country of domicile, net of all credits
allowed or (ii) a rate of zero if no such tax is imposed on
such income by the foreign insurer's state of domicile. For
the purposes of this subsection (d-1), an inter-affiliate
includes a mutual insurer under common management.
(1) For the purposes of subsection (d-1), in no event
shall the sum of the rates of tax imposed by subsections
(b) and (d) be reduced below the rate at which the sum of:
(A) the total amount of tax imposed on such
foreign insurer under this Act for a taxable year, net
of all credits allowed under this Act, plus
(B) the privilege tax imposed by Section 409 of
the Illinois Insurance Code, the fire insurance
company tax imposed by Section 12 of the Fire
Investigation Act, and the fire department taxes
imposed under Section 11-10-1 of the Illinois
Municipal Code,
equals 1.25% for taxable years ending prior to December

31, 2003, or 1.75% for taxable years ending on or after
December 31, 2003, of the net taxable premiums written for
the taxable year, as described by subsection (1) of
Section 409 of the Illinois Insurance Code. This paragraph
will in no event increase the rates imposed under
subsections (b) and (d).
(2) Any reduction in the rates of tax imposed by this
subsection shall be applied first against the rates
imposed by subsection (b) and only after the tax imposed
by subsection (a) net of all credits allowed under this
Section other than the credit allowed under subsection (i)
has been reduced to zero, against the rates imposed by
subsection (d).
This subsection (d-1) is exempt from the provisions of
Section 250.
(e) Investment credit. A taxpayer shall be allowed a
credit against the Personal Property Tax Replacement Income
Tax for investment in qualified property.
(1) A taxpayer shall be allowed a credit equal to .5%
of the basis of qualified property placed in service
during the taxable year, provided such property is placed
in service on or after July 1, 1984. There shall be allowed
an additional credit equal to .5% of the basis of
qualified property placed in service during the taxable
year, provided such property is placed in service on or
after July 1, 1986, and the taxpayer's base employment

within Illinois has increased by 1% or more over the
preceding year as determined by the taxpayer's employment
records filed with the Illinois Department of Employment
Security. Taxpayers who are new to Illinois shall be
deemed to have met the 1% growth in base employment for the
first year in which they file employment records with the
Illinois Department of Employment Security. The provisions
added to this Section by Public Act 85-1200 (and restored
by Public Act 87-895) shall be construed as declaratory of
existing law and not as a new enactment. If, in any year,
the increase in base employment within Illinois over the
preceding year is less than 1%, the additional credit
shall be limited to that percentage times a fraction, the
numerator of which is .5% and the denominator of which is
1%, but shall not exceed .5%. The investment credit shall
not be allowed to the extent that it would reduce a
taxpayer's liability in any tax year below zero, nor may
any credit for qualified property be allowed for any year
other than the year in which the property was placed in
service in Illinois. For tax years ending on or after
December 31, 1987, and on or before December 31, 1988, the
credit shall be allowed for the tax year in which the
property is placed in service, or, if the amount of the
credit exceeds the tax liability for that year, whether it
exceeds the original liability or the liability as later
amended, such excess may be carried forward and applied to

the tax liability of the 5 taxable years following the
excess credit years if the taxpayer (i) makes investments
which cause the creation of a minimum of 2,000 full-time
equivalent jobs in Illinois, (ii) is located in an
enterprise zone established pursuant to the Illinois
Enterprise Zone Act and (iii) is certified by the
Department of Commerce and Community Affairs (now
Department of Commerce and Economic Opportunity) as
complying with the requirements specified in clause (i)
and (ii) by July 1, 1986. The Department of Commerce and
Community Affairs (now Department of Commerce and Economic
Opportunity) shall notify the Department of Revenue of all
such certifications immediately. For tax years ending
after December 31, 1988, the credit shall be allowed for
the tax year in which the property is placed in service,
or, if the amount of the credit exceeds the tax liability
for that year, whether it exceeds the original liability
or the liability as later amended, such excess may be
carried forward and applied to the tax liability of the 5
taxable years following the excess credit years. The
credit shall be applied to the earliest year for which
there is a liability. If there is credit from more than one
tax year that is available to offset a liability, earlier
credit shall be applied first.
(2) The term "qualified property" means property
which:

(A) is tangible, whether new or used, including
buildings and structural components of buildings and
signs that are real property, but not including land
or improvements to real property that are not a
structural component of a building such as
landscaping, sewer lines, local access roads, fencing,
parking lots, and other appurtenances;
(B) is depreciable pursuant to Section 167 of the
Internal Revenue Code, except that "3-year property"
as defined in Section 168(c)(2)(A) of that Code is not
eligible for the credit provided by this subsection
(e);
(C) is acquired by purchase as defined in Section
179(d) of the Internal Revenue Code;
(D) is used in Illinois by a taxpayer who is
primarily engaged in manufacturing, or in mining coal
or fluorite, or in retailing, or was placed in service
on or after July 1, 2006 in a River Edge Redevelopment
Zone established pursuant to the River Edge
Redevelopment Zone Act; and
(E) has not previously been used in Illinois in
such a manner and by such a person as would qualify for
the credit provided by this subsection (e) or
subsection (f).
(3) For purposes of this subsection (e),
"manufacturing" means the material staging and production

of tangible personal property by procedures commonly
regarded as manufacturing, processing, fabrication, or
assembling which changes some existing material into new
shapes, new qualities, or new combinations. For purposes
of this subsection (e) the term "mining" shall have the
same meaning as the term "mining" in Section 613(c) of the
Internal Revenue Code. For purposes of this subsection
(e), the term "retailing" means the sale of tangible
personal property for use or consumption and not for
resale, or services rendered in conjunction with the sale
of tangible personal property for use or consumption and
not for resale. For purposes of this subsection (e),
"tangible personal property" has the same meaning as when
that term is used in the Retailers' Occupation Tax Act,
and, for taxable years ending after December 31, 2008,
does not include the generation, transmission, or
distribution of electricity.
(4) The basis of qualified property shall be the basis
used to compute the depreciation deduction for federal
income tax purposes.
(5) If the basis of the property for federal income
tax depreciation purposes is increased after it has been
placed in service in Illinois by the taxpayer, the amount
of such increase shall be deemed property placed in
service on the date of such increase in basis.
(6) The term "placed in service" shall have the same

meaning as under Section 46 of the Internal Revenue Code.
(7) If during any taxable year, any property ceases to
be qualified property in the hands of the taxpayer within
48 months after being placed in service, or the situs of
any qualified property is moved outside Illinois within 48
months after being placed in service, the Personal
Property Tax Replacement Income Tax for such taxable year
shall be increased. Such increase shall be determined by
(i) recomputing the investment credit which would have
been allowed for the year in which credit for such
property was originally allowed by eliminating such
property from such computation and, (ii) subtracting such
recomputed credit from the amount of credit previously
allowed. For the purposes of this paragraph (7), a
reduction of the basis of qualified property resulting
from a redetermination of the purchase price shall be
deemed a disposition of qualified property to the extent
of such reduction.
(8) Unless the investment credit is extended by law,
the basis of qualified property shall not include costs
incurred after December 31, 2018, except for costs
incurred pursuant to a binding contract entered into on or
before December 31, 2018.
(9) Each taxable year ending before December 31, 2000,
a partnership may elect to pass through to its partners
the credits to which the partnership is entitled under

this subsection (e) for the taxable year. A partner may
use the credit allocated to him or her under this
paragraph only against the tax imposed in subsections (c)
and (d) of this Section. If the partnership makes that
election, those credits shall be allocated among the
partners in the partnership in accordance with the rules
set forth in Section 704(b) of the Internal Revenue Code,
and the rules promulgated under that Section, and the
allocated amount of the credits shall be allowed to the
partners for that taxable year. The partnership shall make
this election on its Personal Property Tax Replacement
Income Tax return for that taxable year. The election to
pass through the credits shall be irrevocable.
For taxable years ending on or after December 31,
2000, a partner that qualifies its partnership for a
subtraction under subparagraph (I) of paragraph (2) of
subsection (d) of Section 203 or a shareholder that
qualifies a Subchapter S corporation for a subtraction
under subparagraph (S) of paragraph (2) of subsection (b)
of Section 203 shall be allowed a credit under this
subsection (e) equal to its share of the credit earned
under this subsection (e) during the taxable year by the
partnership or Subchapter S corporation, determined in
accordance with the determination of income and
distributive share of income under Sections 702 and 704
and Subchapter S of the Internal Revenue Code. This

paragraph is exempt from the provisions of Section 250.
(f) Investment credit; Enterprise Zone; River Edge
Redevelopment Zone.
(1) A taxpayer shall be allowed a credit against the
tax imposed by subsections (a) and (b) of this Section for
investment in qualified property which is placed in
service in an Enterprise Zone created pursuant to the
Illinois Enterprise Zone Act or, for property placed in
service on or after July 1, 2006, a River Edge
Redevelopment Zone established pursuant to the River Edge
Redevelopment Zone Act. For partners, shareholders of
Subchapter S corporations, and owners of limited liability
companies, if the liability company is treated as a
partnership for purposes of federal and State income
taxation, there shall be allowed a credit under this
subsection (f) to be determined in accordance with the
determination of income and distributive share of income
under Sections 702 and 704 and Subchapter S of the
Internal Revenue Code. The credit shall be .5% of the
basis for such property. The credit shall be available
only in the taxable year in which the property is placed in
service in the Enterprise Zone or River Edge Redevelopment
Zone and shall not be allowed to the extent that it would
reduce a taxpayer's liability for the tax imposed by
subsections (a) and (b) of this Section to below zero. For
tax years ending on or after December 31, 1985, the credit

shall be allowed for the tax year in which the property is
placed in service, or, if the amount of the credit exceeds
the tax liability for that year, whether it exceeds the
original liability or the liability as later amended, such
excess may be carried forward and applied to the tax
liability of the 5 taxable years following the excess
credit year. The credit shall be applied to the earliest
year for which there is a liability. If there is credit
from more than one tax year that is available to offset a
liability, the credit accruing first in time shall be
applied first.
(2) The term qualified property means property which:
(A) is tangible, whether new or used, including
buildings and structural components of buildings;
(B) is depreciable pursuant to Section 167 of the
Internal Revenue Code, except that "3-year property"
as defined in Section 168(c)(2)(A) of that Code is not
eligible for the credit provided by this subsection
(f);
(C) is acquired by purchase as defined in Section
179(d) of the Internal Revenue Code;
(D) is used in the Enterprise Zone or River Edge
Redevelopment Zone by the taxpayer; and
(E) has not been previously used in Illinois in
such a manner and by such a person as would qualify for
the credit provided by this subsection (f) or

subsection (e).
(3) The basis of qualified property shall be the basis
used to compute the depreciation deduction for federal
income tax purposes.
(4) If the basis of the property for federal income
tax depreciation purposes is increased after it has been
placed in service in the Enterprise Zone or River Edge
Redevelopment Zone by the taxpayer, the amount of such
increase shall be deemed property placed in service on the
date of such increase in basis.
(5) The term "placed in service" shall have the same
meaning as under Section 46 of the Internal Revenue Code.
(6) If during any taxable year, any property ceases to
be qualified property in the hands of the taxpayer within
48 months after being placed in service, or the situs of
any qualified property is moved outside the Enterprise
Zone or River Edge Redevelopment Zone within 48 months
after being placed in service, the tax imposed under
subsections (a) and (b) of this Section for such taxable
year shall be increased. Such increase shall be determined
by (i) recomputing the investment credit which would have
been allowed for the year in which credit for such
property was originally allowed by eliminating such
property from such computation, and (ii) subtracting such
recomputed credit from the amount of credit previously
allowed. For the purposes of this paragraph (6), a

reduction of the basis of qualified property resulting
from a redetermination of the purchase price shall be
deemed a disposition of qualified property to the extent
of such reduction.
(7) There shall be allowed an additional credit equal
to 0.5% of the basis of qualified property placed in
service during the taxable year in a River Edge
Redevelopment Zone, provided such property is placed in
service on or after July 1, 2006, and the taxpayer's base
employment within Illinois has increased by 1% or more
over the preceding year as determined by the taxpayer's
employment records filed with the Illinois Department of
Employment Security. Taxpayers who are new to Illinois
shall be deemed to have met the 1% growth in base
employment for the first year in which they file
employment records with the Illinois Department of
Employment Security. If, in any year, the increase in base
employment within Illinois over the preceding year is less
than 1%, the additional credit shall be limited to that
percentage times a fraction, the numerator of which is
0.5% and the denominator of which is 1%, but shall not
exceed 0.5%.
(8) For taxable years beginning on or after January 1,
2021, there shall be allowed an Enterprise Zone
construction jobs credit against the taxes imposed under
subsections (a) and (b) of this Section as provided in

Section 13 of the Illinois Enterprise Zone Act.
The credit or credits may not reduce the taxpayer's
liability to less than zero. If the amount of the credit or
credits exceeds the taxpayer's liability, the excess may
be carried forward and applied against the taxpayer's
liability in succeeding calendar years in the same manner
provided under paragraph (4) of Section 211 of this Act.
The credit or credits shall be applied to the earliest
year for which there is a tax liability. If there are
credits from more than one taxable year that are available
to offset a liability, the earlier credit shall be applied
first.
For partners, shareholders of Subchapter S
corporations, and owners of limited liability companies,
if the liability company is treated as a partnership for
the purposes of federal and State income taxation, there
shall be allowed a credit under this Section to be
determined in accordance with the determination of income
and distributive share of income under Sections 702 and
704 and Subchapter S of the Internal Revenue Code.
The total aggregate amount of credits awarded under
the Blue Collar Jobs Act (Article 20 of Public Act 101-9
this amendatory Act of the 101st General Assembly) shall
not exceed $20,000,000 in any State fiscal year.
This paragraph (8) is exempt from the provisions of
Section 250.

(g) (Blank).
(h) Investment credit; High Impact Business.
(1) Subject to subsections (b) and (b-5) of Section
5.5 of the Illinois Enterprise Zone Act, a taxpayer shall
be allowed a credit against the tax imposed by subsections
(a) and (b) of this Section for investment in qualified
property which is placed in service by a Department of
Commerce and Economic Opportunity designated High Impact
Business. The credit shall be .5% of the basis for such
property. The credit shall not be available (i) until the
minimum investments in qualified property set forth in
subdivision (a)(3)(A) of Section 5.5 of the Illinois
Enterprise Zone Act have been satisfied or (ii) until the
time authorized in subsection (b-5) of the Illinois
Enterprise Zone Act for entities designated as High Impact
Businesses under subdivisions (a)(3)(B), (a)(3)(C), and
(a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone
Act, and shall not be allowed to the extent that it would
reduce a taxpayer's liability for the tax imposed by
subsections (a) and (b) of this Section to below zero. The
credit applicable to such investments shall be taken in
the taxable year in which such investments have been
completed. The credit for additional investments beyond
the minimum investment by a designated high impact
business authorized under subdivision (a)(3)(A) of Section
5.5 of the Illinois Enterprise Zone Act shall be available

only in the taxable year in which the property is placed in
service and shall not be allowed to the extent that it
would reduce a taxpayer's liability for the tax imposed by
subsections (a) and (b) of this Section to below zero. For
tax years ending on or after December 31, 1987, the credit
shall be allowed for the tax year in which the property is
placed in service, or, if the amount of the credit exceeds
the tax liability for that year, whether it exceeds the
original liability or the liability as later amended, such
excess may be carried forward and applied to the tax
liability of the 5 taxable years following the excess
credit year. The credit shall be applied to the earliest
year for which there is a liability. If there is credit
from more than one tax year that is available to offset a
liability, the credit accruing first in time shall be
applied first.
Changes made in this subdivision (h)(1) by Public Act
88-670 restore changes made by Public Act 85-1182 and
reflect existing law.
(2) The term qualified property means property which:
(A) is tangible, whether new or used, including
buildings and structural components of buildings;
(B) is depreciable pursuant to Section 167 of the
Internal Revenue Code, except that "3-year property"
as defined in Section 168(c)(2)(A) of that Code is not
eligible for the credit provided by this subsection

(h);
(C) is acquired by purchase as defined in Section
179(d) of the Internal Revenue Code; and
(D) is not eligible for the Enterprise Zone
Investment Credit provided by subsection (f) of this
Section.
(3) The basis of qualified property shall be the basis
used to compute the depreciation deduction for federal
income tax purposes.
(4) If the basis of the property for federal income
tax depreciation purposes is increased after it has been
placed in service in a federally designated Foreign Trade
Zone or Sub-Zone located in Illinois by the taxpayer, the
amount of such increase shall be deemed property placed in
service on the date of such increase in basis.
(5) The term "placed in service" shall have the same
meaning as under Section 46 of the Internal Revenue Code.
(6) If during any taxable year ending on or before
December 31, 1996, any property ceases to be qualified
property in the hands of the taxpayer within 48 months
after being placed in service, or the situs of any
qualified property is moved outside Illinois within 48
months after being placed in service, the tax imposed
under subsections (a) and (b) of this Section for such
taxable year shall be increased. Such increase shall be
determined by (i) recomputing the investment credit which

would have been allowed for the year in which credit for
such property was originally allowed by eliminating such
property from such computation, and (ii) subtracting such
recomputed credit from the amount of credit previously
allowed. For the purposes of this paragraph (6), a
reduction of the basis of qualified property resulting
from a redetermination of the purchase price shall be
deemed a disposition of qualified property to the extent
of such reduction.
(7) Beginning with tax years ending after December 31,
1996, if a taxpayer qualifies for the credit under this
subsection (h) and thereby is granted a tax abatement and
the taxpayer relocates its entire facility in violation of
the explicit terms and length of the contract under
Section 18-183 of the Property Tax Code, the tax imposed
under subsections (a) and (b) of this Section shall be
increased for the taxable year in which the taxpayer
relocated its facility by an amount equal to the amount of
credit received by the taxpayer under this subsection (h).
(h-5) High Impact Business construction constructions jobs
credit. For taxable years beginning on or after January 1,
2021, there shall also be allowed a High Impact Business
construction jobs credit against the tax imposed under
subsections (a) and (b) of this Section as provided in
subsections (i) and (j) of Section 5.5 of the Illinois
Enterprise Zone Act.

The credit or credits may not reduce the taxpayer's
liability to less than zero. If the amount of the credit or
credits exceeds the taxpayer's liability, the excess may be
carried forward and applied against the taxpayer's liability
in succeeding calendar years in the manner provided under
paragraph (4) of Section 211 of this Act. The credit or credits
shall be applied to the earliest year for which there is a tax
liability. If there are credits from more than one taxable
year that are available to offset a liability, the earlier
credit shall be applied first.
For partners, shareholders of Subchapter S corporations,
and owners of limited liability companies, if the liability
company is treated as a partnership for the purposes of
federal and State income taxation, there shall be allowed a
credit under this Section to be determined in accordance with
the determination of income and distributive share of income
under Sections 702 and 704 and Subchapter S of the Internal
Revenue Code.
The total aggregate amount of credits awarded under the
Blue Collar Jobs Act (Article 20 of Public Act 101-9 this
amendatory Act of the 101st General Assembly) shall not exceed
$20,000,000 in any State fiscal year.
This subsection (h-5) is exempt from the provisions of
Section 250.
(i) Credit for Personal Property Tax Replacement Income
Tax. For tax years ending prior to December 31, 2003, a credit

shall be allowed against the tax imposed by subsections (a)
and (b) of this Section for the tax imposed by subsections (c)
and (d) of this Section. This credit shall be computed by
multiplying the tax imposed by subsections (c) and (d) of this
Section by a fraction, the numerator of which is base income
allocable to Illinois and the denominator of which is Illinois
base income, and further multiplying the product by the tax
rate imposed by subsections (a) and (b) of this Section.
Any credit earned on or after December 31, 1986 under this
subsection which is unused in the year the credit is computed
because it exceeds the tax liability imposed by subsections
(a) and (b) for that year (whether it exceeds the original
liability or the liability as later amended) may be carried
forward and applied to the tax liability imposed by
subsections (a) and (b) of the 5 taxable years following the
excess credit year, provided that no credit may be carried
forward to any year ending on or after December 31, 2003. This
credit shall be applied first to the earliest year for which
there is a liability. If there is a credit under this
subsection from more than one tax year that is available to
offset a liability the earliest credit arising under this
subsection shall be applied first.
If, during any taxable year ending on or after December
31, 1986, the tax imposed by subsections (c) and (d) of this
Section for which a taxpayer has claimed a credit under this
subsection (i) is reduced, the amount of credit for such tax

shall also be reduced. Such reduction shall be determined by
recomputing the credit to take into account the reduced tax
imposed by subsections (c) and (d). If any portion of the
reduced amount of credit has been carried to a different
taxable year, an amended return shall be filed for such
taxable year to reduce the amount of credit claimed.
(j) Training expense credit. Beginning with tax years
ending on or after December 31, 1986 and prior to December 31,
2003, a taxpayer shall be allowed a credit against the tax
imposed by subsections (a) and (b) under this Section for all
amounts paid or accrued, on behalf of all persons employed by
the taxpayer in Illinois or Illinois residents employed
outside of Illinois by a taxpayer, for educational or
vocational training in semi-technical or technical fields or
semi-skilled or skilled fields, which were deducted from gross
income in the computation of taxable income. The credit
against the tax imposed by subsections (a) and (b) shall be
1.6% of such training expenses. For partners, shareholders of
subchapter S corporations, and owners of limited liability
companies, if the liability company is treated as a
partnership for purposes of federal and State income taxation,
there shall be allowed a credit under this subsection (j) to be
determined in accordance with the determination of income and
distributive share of income under Sections 702 and 704 and
subchapter S of the Internal Revenue Code.
Any credit allowed under this subsection which is unused

in the year the credit is earned may be carried forward to each
of the 5 taxable years following the year for which the credit
is first computed until it is used. This credit shall be
applied first to the earliest year for which there is a
liability. If there is a credit under this subsection from
more than one tax year that is available to offset a liability,
the earliest credit arising under this subsection shall be
applied first. No carryforward credit may be claimed in any
tax year ending on or after December 31, 2003.
(k) Research and development credit. For tax years ending
after July 1, 1990 and prior to December 31, 2003, and
beginning again for tax years ending on or after December 31,
2004, and ending prior to January 1, 2027, a taxpayer shall be
allowed a credit against the tax imposed by subsections (a)
and (b) of this Section for increasing research activities in
this State. The credit allowed against the tax imposed by
subsections (a) and (b) shall be equal to 6 1/2% of the
qualifying expenditures for increasing research activities in
this State. For partners, shareholders of subchapter S
corporations, and owners of limited liability companies, if
the liability company is treated as a partnership for purposes
of federal and State income taxation, there shall be allowed a
credit under this subsection to be determined in accordance
with the determination of income and distributive share of
income under Sections 702 and 704 and subchapter S of the
Internal Revenue Code.

For purposes of this subsection, "qualifying expenditures"
means the qualifying expenditures as defined for the federal
credit for increasing research activities which would be
allowable under Section 41 of the Internal Revenue Code and
which are conducted in this State, "qualifying expenditures
for increasing research activities in this State" means the
excess of qualifying expenditures for the taxable year in
which incurred over qualifying expenditures for the base
period, "qualifying expenditures for the base period" means
the average of the qualifying expenditures for each year in
the base period, and "base period" means the 3 taxable years
immediately preceding the taxable year for which the
determination is being made.
Any credit in excess of the tax liability for the taxable
year may be carried forward. A taxpayer may elect to have the
unused credit shown on its final completed return carried over
as a credit against the tax liability for the following 5
taxable years or until it has been fully used, whichever
occurs first; provided that no credit earned in a tax year
ending prior to December 31, 2003 may be carried forward to any
year ending on or after December 31, 2003.
If an unused credit is carried forward to a given year from
2 or more earlier years, that credit arising in the earliest
year will be applied first against the tax liability for the
given year. If a tax liability for the given year still
remains, the credit from the next earliest year will then be

applied, and so on, until all credits have been used or no tax
liability for the given year remains. Any remaining unused
credit or credits then will be carried forward to the next
following year in which a tax liability is incurred, except
that no credit can be carried forward to a year which is more
than 5 years after the year in which the expense for which the
credit is given was incurred.
No inference shall be drawn from Public Act 91-644 this
amendatory Act of the 91st General Assembly in construing this
Section for taxable years beginning before January 1, 1999.
It is the intent of the General Assembly that the research
and development credit under this subsection (k) shall apply
continuously for all tax years ending on or after December 31,
2004 and ending prior to January 1, 2027, including, but not
limited to, the period beginning on January 1, 2016 and ending
on July 6, 2017 (the effective date of Public Act 100-22) this
amendatory Act of the 100th General Assembly. All actions
taken in reliance on the continuation of the credit under this
subsection (k) by any taxpayer are hereby validated.
(l) Environmental Remediation Tax Credit.
(i) For tax years ending after December 31, 1997 and
on or before December 31, 2001, a taxpayer shall be
allowed a credit against the tax imposed by subsections
(a) and (b) of this Section for certain amounts paid for
unreimbursed eligible remediation costs, as specified in
this subsection. For purposes of this Section,

"unreimbursed eligible remediation costs" means costs
approved by the Illinois Environmental Protection Agency
("Agency") under Section 58.14 of the Environmental
Protection Act that were paid in performing environmental
remediation at a site for which a No Further Remediation
Letter was issued by the Agency and recorded under Section
58.10 of the Environmental Protection Act. The credit must
be claimed for the taxable year in which Agency approval
of the eligible remediation costs is granted. The credit
is not available to any taxpayer if the taxpayer or any
related party caused or contributed to, in any material
respect, a release of regulated substances on, in, or
under the site that was identified and addressed by the
remedial action pursuant to the Site Remediation Program
of the Environmental Protection Act. After the Pollution
Control Board rules are adopted pursuant to the Illinois
Administrative Procedure Act for the administration and
enforcement of Section 58.9 of the Environmental
Protection Act, determinations as to credit availability
for purposes of this Section shall be made consistent with
those rules. For purposes of this Section, "taxpayer"
includes a person whose tax attributes the taxpayer has
succeeded to under Section 381 of the Internal Revenue
Code and "related party" includes the persons disallowed a
deduction for losses by paragraphs (b), (c), and (f)(1) of
Section 267 of the Internal Revenue Code by virtue of

being a related taxpayer, as well as any of its partners.
The credit allowed against the tax imposed by subsections
(a) and (b) shall be equal to 25% of the unreimbursed
eligible remediation costs in excess of $100,000 per site,
except that the $100,000 threshold shall not apply to any
site contained in an enterprise zone as determined by the
Department of Commerce and Community Affairs (now
Department of Commerce and Economic Opportunity). The
total credit allowed shall not exceed $40,000 per year
with a maximum total of $150,000 per site. For partners
and shareholders of subchapter S corporations, there shall
be allowed a credit under this subsection to be determined
in accordance with the determination of income and
distributive share of income under Sections 702 and 704
and subchapter S of the Internal Revenue Code.
(ii) A credit allowed under this subsection that is
unused in the year the credit is earned may be carried
forward to each of the 5 taxable years following the year
for which the credit is first earned until it is used. The
term "unused credit" does not include any amounts of
unreimbursed eligible remediation costs in excess of the
maximum credit per site authorized under paragraph (i).
This credit shall be applied first to the earliest year
for which there is a liability. If there is a credit under
this subsection from more than one tax year that is
available to offset a liability, the earliest credit

arising under this subsection shall be applied first. A
credit allowed under this subsection may be sold to a
buyer as part of a sale of all or part of the remediation
site for which the credit was granted. The purchaser of a
remediation site and the tax credit shall succeed to the
unused credit and remaining carry-forward period of the
seller. To perfect the transfer, the assignor shall record
the transfer in the chain of title for the site and provide
written notice to the Director of the Illinois Department
of Revenue of the assignor's intent to sell the
remediation site and the amount of the tax credit to be
transferred as a portion of the sale. In no event may a
credit be transferred to any taxpayer if the taxpayer or a
related party would not be eligible under the provisions
of subsection (i).
(iii) For purposes of this Section, the term "site"
shall have the same meaning as under Section 58.2 of the
Environmental Protection Act.
(m) Education expense credit. Beginning with tax years
ending after December 31, 1999, a taxpayer who is the
custodian of one or more qualifying pupils shall be allowed a
credit against the tax imposed by subsections (a) and (b) of
this Section for qualified education expenses incurred on
behalf of the qualifying pupils. The credit shall be equal to
25% of qualified education expenses, but in no event may the
total credit under this subsection claimed by a family that is

the custodian of qualifying pupils exceed (i) $500 for tax
years ending prior to December 31, 2017, and (ii) $750 for tax
years ending on or after December 31, 2017. In no event shall a
credit under this subsection reduce the taxpayer's liability
under this Act to less than zero. Notwithstanding any other
provision of law, for taxable years beginning on or after
January 1, 2017, no taxpayer may claim a credit under this
subsection (m) if the taxpayer's adjusted gross income for the
taxable year exceeds (i) $500,000, in the case of spouses
filing a joint federal tax return or (ii) $250,000, in the case
of all other taxpayers. This subsection is exempt from the
provisions of Section 250 of this Act.
For purposes of this subsection:
"Qualifying pupils" means individuals who (i) are
residents of the State of Illinois, (ii) are under the age of
21 at the close of the school year for which a credit is
sought, and (iii) during the school year for which a credit is
sought were full-time pupils enrolled in a kindergarten
through twelfth grade education program at any school, as
defined in this subsection.
"Qualified education expense" means the amount incurred on
behalf of a qualifying pupil in excess of $250 for tuition,
book fees, and lab fees at the school in which the pupil is
enrolled during the regular school year.
"School" means any public or nonpublic elementary or
secondary school in Illinois that is in compliance with Title

VI of the Civil Rights Act of 1964 and attendance at which
satisfies the requirements of Section 26-1 of the School Code,
except that nothing shall be construed to require a child to
attend any particular public or nonpublic school to qualify
for the credit under this Section.
"Custodian" means, with respect to qualifying pupils, an
Illinois resident who is a parent, the parents, a legal
guardian, or the legal guardians of the qualifying pupils.
(n) River Edge Redevelopment Zone site remediation tax
credit.
(i) For tax years ending on or after December 31,
2006, a taxpayer shall be allowed a credit against the tax
imposed by subsections (a) and (b) of this Section for
certain amounts paid for unreimbursed eligible remediation
costs, as specified in this subsection. For purposes of
this Section, "unreimbursed eligible remediation costs"
means costs approved by the Illinois Environmental
Protection Agency ("Agency") under Section 58.14a of the
Environmental Protection Act that were paid in performing
environmental remediation at a site within a River Edge
Redevelopment Zone for which a No Further Remediation
Letter was issued by the Agency and recorded under Section
58.10 of the Environmental Protection Act. The credit must
be claimed for the taxable year in which Agency approval
of the eligible remediation costs is granted. The credit
is not available to any taxpayer if the taxpayer or any

related party caused or contributed to, in any material
respect, a release of regulated substances on, in, or
under the site that was identified and addressed by the
remedial action pursuant to the Site Remediation Program
of the Environmental Protection Act. Determinations as to
credit availability for purposes of this Section shall be
made consistent with rules adopted by the Pollution
Control Board pursuant to the Illinois Administrative
Procedure Act for the administration and enforcement of
Section 58.9 of the Environmental Protection Act. For
purposes of this Section, "taxpayer" includes a person
whose tax attributes the taxpayer has succeeded to under
Section 381 of the Internal Revenue Code and "related
party" includes the persons disallowed a deduction for
losses by paragraphs (b), (c), and (f)(1) of Section 267
of the Internal Revenue Code by virtue of being a related
taxpayer, as well as any of its partners. The credit
allowed against the tax imposed by subsections (a) and (b)
shall be equal to 25% of the unreimbursed eligible
remediation costs in excess of $100,000 per site.
(ii) A credit allowed under this subsection that is
unused in the year the credit is earned may be carried
forward to each of the 5 taxable years following the year
for which the credit is first earned until it is used. This
credit shall be applied first to the earliest year for
which there is a liability. If there is a credit under this

subsection from more than one tax year that is available
to offset a liability, the earliest credit arising under
this subsection shall be applied first. A credit allowed
under this subsection may be sold to a buyer as part of a
sale of all or part of the remediation site for which the
credit was granted. The purchaser of a remediation site
and the tax credit shall succeed to the unused credit and
remaining carry-forward period of the seller. To perfect
the transfer, the assignor shall record the transfer in
the chain of title for the site and provide written notice
to the Director of the Illinois Department of Revenue of
the assignor's intent to sell the remediation site and the
amount of the tax credit to be transferred as a portion of
the sale. In no event may a credit be transferred to any
taxpayer if the taxpayer or a related party would not be
eligible under the provisions of subsection (i).
(iii) For purposes of this Section, the term "site"
shall have the same meaning as under Section 58.2 of the
Environmental Protection Act.
(o) For each of taxable years during the Compassionate Use
of Medical Cannabis Program, a surcharge is imposed on all
taxpayers on income arising from the sale or exchange of
capital assets, depreciable business property, real property
used in the trade or business, and Section 197 intangibles of
an organization registrant under the Compassionate Use of
Medical Cannabis Program Act. The amount of the surcharge is

equal to the amount of federal income tax liability for the
taxable year attributable to those sales and exchanges. The
surcharge imposed does not apply if:
(1) the medical cannabis cultivation center
registration, medical cannabis dispensary registration, or
the property of a registration is transferred as a result
of any of the following:
(A) bankruptcy, a receivership, or a debt
adjustment initiated by or against the initial
registration or the substantial owners of the initial
registration;
(B) cancellation, revocation, or termination of
any registration by the Illinois Department of Public
Health;
(C) a determination by the Illinois Department of
Public Health that transfer of the registration is in
the best interests of Illinois qualifying patients as
defined by the Compassionate Use of Medical Cannabis
Program Act;
(D) the death of an owner of the equity interest in
a registrant;
(E) the acquisition of a controlling interest in
the stock or substantially all of the assets of a
publicly traded company;
(F) a transfer by a parent company to a wholly
owned subsidiary; or

(G) the transfer or sale to or by one person to
another person where both persons were initial owners
of the registration when the registration was issued;
or
(2) the cannabis cultivation center registration,
medical cannabis dispensary registration, or the
controlling interest in a registrant's property is
transferred in a transaction to lineal descendants in
which no gain or loss is recognized or as a result of a
transaction in accordance with Section 351 of the Internal
Revenue Code in which no gain or loss is recognized.
(Source: P.A. 100-22, eff. 7-6-17; 101-8, see Section 99 for
effective date; 101-9, eff. 6-5-19; 101-31, eff. 6-28-19;
101-207, eff. 8-2-19; 101-363, eff. 8-9-19; revised 11-18-20.)
(35 ILCS 5/208) (from Ch. 120, par. 2-208)
(Text of Section without the changes made by P.A. 101-8,
which did not take effect (see Section 99 of P.A. 101-8))
Sec. 208. Tax credit for residential real property taxes.
Beginning with tax years ending on or after December 31, 1991,
every individual taxpayer shall be entitled to a tax credit
equal to 5% of real property taxes paid by such taxpayer during
the taxable year on the principal residence of the taxpayer.
In the case of multi-unit or multi-use structures and farm
dwellings, the taxes on the taxpayer's principal residence
shall be that portion of the total taxes which is attributable

to such principal residence. Notwithstanding any other
provision of law, for taxable years beginning on or after
January 1, 2017, no taxpayer may claim a credit under this
Section if the taxpayer's adjusted gross income for the
taxable year exceeds (i) $500,000, in the case of spouses
filing a joint federal tax return, or (ii) $250,000, in the
case of all other taxpayers.
(Source: P.A. 100-22, eff. 7-6-17.)
(Text of Section with the changes made by P.A. 101-8,
which did not take effect (see Section 99 of P.A. 101-8))
Sec. 208. Tax credit for residential real property taxes.
Beginning with For tax years ending on or after December 31,
1991 and ending prior to December 31, 2021, every individual
taxpayer shall be entitled to a tax credit equal to 5% of real
property taxes paid by such taxpayer during the taxable year
on the principal residence of the taxpayer. For tax years
ending on or after December 31, 2021, every individual
taxpayer shall be entitled to a tax credit equal to 6% of real
property taxes paid by such taxpayer during the taxable year
on the principal residence of the taxpayer. In the case of
multi-unit or multi-use structures and farm dwellings, the
taxes on the taxpayer's principal residence shall be that
portion of the total taxes which is attributable to such
principal residence. Notwithstanding any other provision of
law, for taxable years beginning on or after January 1, 2017,

no taxpayer may claim a credit under this Section if the
taxpayer's adjusted gross income for the taxable year exceeds
(i) $500,000, in the case of spouses filing a joint federal tax
return, or (ii) $250,000, in the case of all other taxpayers.
This Section is exempt from the provisions of Section 250.
(Source: P.A. 100-22, eff. 7-6-17; 101-8, see Section 99 for
effective date.)
(35 ILCS 5/502) (from Ch. 120, par. 5-502)
(Text of Section without the changes made by P.A. 101-8,
which did not take effect (see Section 99 of P.A. 101-8))
Sec. 502. Returns and notices.
(a) In general. A return with respect to the taxes imposed
by this Act shall be made by every person for any taxable year:
(1) for which such person is liable for a tax imposed
by this Act, or
(2) in the case of a resident or in the case of a
corporation which is qualified to do business in this
State, for which such person is required to make a federal
income tax return, regardless of whether such person is
liable for a tax imposed by this Act. However, this
paragraph shall not require a resident to make a return if
such person has an Illinois base income of the basic
amount in Section 204(b) or less and is either claimed as a
dependent on another person's tax return under the
Internal Revenue Code, or is claimed as a dependent on

another person's tax return under this Act.
Notwithstanding the provisions of paragraph (1), a
nonresident (other than, for taxable years ending on or after
December 31, 2011, a nonresident required to withhold tax
under Section 709.5) whose Illinois income tax liability under
subsections (a), (b), (c), and (d) of Section 201 of this Act
is paid in full after taking into account the credits allowed
under subsection (f) of this Section or allowed under Section
709.5 of this Act shall not be required to file a return under
this subsection (a).
(b) Fiduciaries and receivers.
(1) Decedents. If an individual is deceased, any
return or notice required of such individual under this
Act shall be made by his executor, administrator, or other
person charged with the property of such decedent.
(2) Individuals under a disability. If an individual
is unable to make a return or notice required under this
Act, the return or notice required of such individual
shall be made by his duly authorized agent, guardian,
fiduciary or other person charged with the care of the
person or property of such individual.
(3) Estates and trusts. Returns or notices required of
an estate or a trust shall be made by the fiduciary
thereof.
(4) Receivers, trustees and assignees for
corporations. In a case where a receiver, trustee in

bankruptcy, or assignee, by order of a court of competent
jurisdiction, by operation of law, or otherwise, has
possession of or holds title to all or substantially all
the property or business of a corporation, whether or not
such property or business is being operated, such
receiver, trustee, or assignee shall make the returns and
notices required of such corporation in the same manner
and form as corporations are required to make such returns
and notices.
(c) Joint returns by husband and wife.
(1) Except as provided in paragraph (3):
(A) if a husband and wife file a joint federal
income tax return for a taxable year ending before
December 31, 2009, they shall file a joint return
under this Act for such taxable year and their
liabilities shall be joint and several;
(B) if a husband and wife file a joint federal
income tax return for a taxable year ending on or after
December 31, 2009, they may elect to file separate
returns under this Act for such taxable year. The
election under this paragraph must be made on or
before the due date (including extensions) of the
return and, once made, shall be irrevocable. If no
election is timely made under this paragraph for a
taxable year:
(i) the couple must file a joint return under

this Act for such taxable year,
(ii) their liabilities shall be joint and
several, and
(iii) any overpayment for that taxable year
may be withheld under Section 909 of this Act or
under Section 2505-275 of the Civil Administrative
Code of Illinois and applied against a debt of
either spouse without regard to the amount of the
overpayment attributable to the other spouse; and
(C) if the federal income tax liability of either
spouse is determined on a separate federal income tax
return, they shall file separate returns under this
Act.
(2) If neither spouse is required to file a federal
income tax return and either or both are required to file a
return under this Act, they may elect to file separate or
joint returns and pursuant to such election their
liabilities shall be separate or joint and several.
(3) If either husband or wife is a resident and the
other is a nonresident, they shall file separate returns
in this State on such forms as may be required by the
Department in which event their tax liabilities shall be
separate; but if they file a joint federal income tax
return for a taxable year, they may elect to determine
their joint net income and file a joint return for that
taxable year under the provisions of paragraph (1) of this

subsection as if both were residents and in such case,
their liabilities shall be joint and several.
(4) Innocent spouses.
(A) However, for tax liabilities arising and paid
prior to August 13, 1999, an innocent spouse shall be
relieved of liability for tax (including interest and
penalties) for any taxable year for which a joint
return has been made, upon submission of proof that
the Internal Revenue Service has made a determination
under Section 6013(e) of the Internal Revenue Code,
for the same taxable year, which determination
relieved the spouse from liability for federal income
taxes. If there is no federal income tax liability at
issue for the same taxable year, the Department shall
rely on the provisions of Section 6013(e) to determine
whether the person requesting innocent spouse
abatement of tax, penalty, and interest is entitled to
that relief.
(B) For tax liabilities arising on and after
August 13, 1999 or which arose prior to that date, but
remain unpaid as of that date, if an individual who
filed a joint return for any taxable year has made an
election under this paragraph, the individual's
liability for any tax shown on the joint return shall
not exceed the individual's separate return amount and
the individual's liability for any deficiency assessed

for that taxable year shall not exceed the portion of
the deficiency properly allocable to the individual.
For purposes of this paragraph:
(i) An election properly made pursuant to
Section 6015 of the Internal Revenue Code shall
constitute an election under this paragraph,
provided that the election shall not be effective
until the individual has notified the Department
of the election in the form and manner prescribed
by the Department.
(ii) If no election has been made under
Section 6015, the individual may make an election
under this paragraph in the form and manner
prescribed by the Department, provided that no
election may be made if the Department finds that
assets were transferred between individuals filing
a joint return as part of a scheme by such
individuals to avoid payment of Illinois income
tax and the election shall not eliminate the
individual's liability for any portion of a
deficiency attributable to an error on the return
of which the individual had actual knowledge as of
the date of filing.
(iii) In determining the separate return
amount or portion of any deficiency attributable
to an individual, the Department shall follow the

provisions in subsections (c) and (d) of Section
6015 of the Internal Revenue Code.
(iv) In determining the validity of an
individual's election under subparagraph (ii) and
in determining an electing individual's separate
return amount or portion of any deficiency under
subparagraph (iii), any determination made by the
Secretary of the Treasury, by the United States
Tax Court on petition for review of a
determination by the Secretary of the Treasury, or
on appeal from the United States Tax Court under
Section 6015 of the Internal Revenue Code
regarding criteria for eligibility or under
subsection (d) of Section 6015 of the Internal
Revenue Code regarding the allocation of any item
of income, deduction, payment, or credit between
an individual making the federal election and that
individual's spouse shall be conclusively presumed
to be correct. With respect to any item that is not
the subject of a determination by the Secretary of
the Treasury or the federal courts, in any
proceeding involving this subsection, the
individual making the election shall have the
burden of proof with respect to any item except
that the Department shall have the burden of proof
with respect to items in subdivision (ii).

(v) Any election made by an individual under
this subsection shall apply to all years for which
that individual and the spouse named in the
election have filed a joint return.
(vi) After receiving a notice that the federal
election has been made or after receiving an
election under subdivision (ii), the Department
shall take no collection action against the
electing individual for any liability arising from
a joint return covered by the election until the
Department has notified the electing individual in
writing that the election is invalid or of the
portion of the liability the Department has
allocated to the electing individual. Within 60
days (150 days if the individual is outside the
United States) after the issuance of such
notification, the individual may file a written
protest of the denial of the election or of the
Department's determination of the liability
allocated to him or her and shall be granted a
hearing within the Department under the provisions
of Section 908. If a protest is filed, the
Department shall take no collection action against
the electing individual until the decision
regarding the protest has become final under
subsection (d) of Section 908 or, if

administrative review of the Department's decision
is requested under Section 1201, until the
decision of the court becomes final.
(d) Partnerships. Every partnership having any base income
allocable to this State in accordance with section 305(c)
shall retain information concerning all items of income, gain,
loss and deduction; the names and addresses of all of the
partners, or names and addresses of members of a limited
liability company, or other persons who would be entitled to
share in the base income of the partnership if distributed;
the amount of the distributive share of each; and such other
pertinent information as the Department may by forms or
regulations prescribe. The partnership shall make that
information available to the Department when requested by the
Department.
(e) For taxable years ending on or after December 31,
1985, and before December 31, 1993, taxpayers that are
corporations (other than Subchapter S corporations) having the
same taxable year and that are members of the same unitary
business group may elect to be treated as one taxpayer for
purposes of any original return, amended return which includes
the same taxpayers of the unitary group which joined in the
election to file the original return, extension, claim for
refund, assessment, collection and payment and determination
of the group's tax liability under this Act. This subsection
(e) does not permit the election to be made for some, but not

all, of the purposes enumerated above. For taxable years
ending on or after December 31, 1987, corporate members (other
than Subchapter S corporations) of the same unitary business
group making this subsection (e) election are not required to
have the same taxable year.
For taxable years ending on or after December 31, 1993,
taxpayers that are corporations (other than Subchapter S
corporations) and that are members of the same unitary
business group shall be treated as one taxpayer for purposes
of any original return, amended return which includes the same
taxpayers of the unitary group which joined in filing the
original return, extension, claim for refund, assessment,
collection and payment and determination of the group's tax
liability under this Act.
(f) For taxable years ending prior to December 31, 2014,
the Department may promulgate regulations to permit
nonresident individual partners of the same partnership,
nonresident Subchapter S corporation shareholders of the same
Subchapter S corporation, and nonresident individuals
transacting an insurance business in Illinois under a Lloyds
plan of operation, and nonresident individual members of the
same limited liability company that is treated as a
partnership under Section 1501 (a)(16) of this Act, to file
composite individual income tax returns reflecting the
composite income of such individuals allocable to Illinois and
to make composite individual income tax payments. For taxable

years ending prior to December 31, 2014, the Department may by
regulation also permit such composite returns to include the
income tax owed by Illinois residents attributable to their
income from partnerships, Subchapter S corporations, insurance
businesses organized under a Lloyds plan of operation, or
limited liability companies that are treated as partnership
under Section 1501(a)(16) of this Act, in which case such
Illinois residents will be permitted to claim credits on their
individual returns for their shares of the composite tax
payments. This paragraph of subsection (f) applies to taxable
years ending on or after December 31, 1987 and ending prior to
December 31, 2014.
For taxable years ending on or after December 31, 1999,
the Department may, by regulation, permit any persons
transacting an insurance business organized under a Lloyds
plan of operation to file composite returns reflecting the
income of such persons allocable to Illinois and the tax rates
applicable to such persons under Section 201 and to make
composite tax payments and shall, by regulation, also provide
that the income and apportionment factors attributable to the
transaction of an insurance business organized under a Lloyds
plan of operation by any person joining in the filing of a
composite return shall, for purposes of allocating and
apportioning income under Article 3 of this Act and computing
net income under Section 202 of this Act, be excluded from any
other income and apportionment factors of that person or of

any unitary business group, as defined in subdivision (a)(27)
of Section 1501, to which that person may belong.
For taxable years ending on or after December 31, 2008,
every nonresident shall be allowed a credit against his or her
liability under subsections (a) and (b) of Section 201 for any
amount of tax reported on a composite return and paid on his or
her behalf under this subsection (f). Residents (other than
persons transacting an insurance business organized under a
Lloyds plan of operation) may claim a credit for taxes
reported on a composite return and paid on their behalf under
this subsection (f) only as permitted by the Department by
rule.
(f-5) For taxable years ending on or after December 31,
2008, the Department may adopt rules to provide that, when a
partnership or Subchapter S corporation has made an error in
determining the amount of any item of income, deduction,
addition, subtraction, or credit required to be reported on
its return that affects the liability imposed under this Act
on a partner or shareholder, the partnership or Subchapter S
corporation may report the changes in liabilities of its
partners or shareholders and claim a refund of the resulting
overpayments, or pay the resulting underpayments, on behalf of
its partners and shareholders.
(g) The Department may adopt rules to authorize the
electronic filing of any return required to be filed under
this Section.

(Source: P.A. 97-507, eff. 8-23-11; 98-478, eff. 1-1-14.)
(Text of Section with the changes made by P.A. 101-8,
which did not take effect (see Section 99 of P.A. 101-8))
Sec. 502. Returns and notices.
(a) In general. A return with respect to the taxes imposed
by this Act shall be made by every person for any taxable year:
(1) for which such person is liable for a tax imposed
by this Act, or
(2) in the case of a resident or in the case of a
corporation which is qualified to do business in this
State, for which such person is required to make a federal
income tax return, regardless of whether such person is
liable for a tax imposed by this Act. However, this
paragraph shall not require a resident to make a return if
such person has an Illinois base income of the basic
amount in Section 204(b) or less and is either claimed as a
dependent on another person's tax return under the
Internal Revenue Code, or is claimed as a dependent on
another person's tax return under this Act.
Notwithstanding the provisions of paragraph (1), a
nonresident (other than, for taxable years ending on or after
December 31, 2011, a nonresident required to withhold tax
under Section 709.5) whose Illinois income tax liability under
subsections (a), (b), (c), and (d) of Section 201 of this Act
is paid in full after taking into account the credits allowed

under subsection (f) of this Section or allowed under Section
709.5 of this Act shall not be required to file a return under
this subsection (a).
(b) Fiduciaries and receivers.
(1) Decedents. If an individual is deceased, any
return or notice required of such individual under this
Act shall be made by his executor, administrator, or other
person charged with the property of such decedent.
(2) Individuals under a disability. If an individual
is unable to make a return or notice required under this
Act, the return or notice required of such individual
shall be made by his duly authorized agent, guardian,
fiduciary or other person charged with the care of the
person or property of such individual.
(3) Estates and trusts. Returns or notices required of
an estate or a trust shall be made by the fiduciary
thereof.
(4) Receivers, trustees and assignees for
corporations. In a case where a receiver, trustee in
bankruptcy, or assignee, by order of a court of competent
jurisdiction, by operation of law, or otherwise, has
possession of or holds title to all or substantially all
the property or business of a corporation, whether or not
such property or business is being operated, such
receiver, trustee, or assignee shall make the returns and
notices required of such corporation in the same manner

and form as corporations are required to make such returns
and notices.
(c) Joint returns by husband and wife spouses.
(1) Except as provided in paragraph (3):
(A) if a husband and wife spouses file a joint
federal income tax return for a taxable year ending
before December 31, 2009 or ending on or after
December 31, 2021, they shall file a joint return
under this Act for such taxable year and their
liabilities shall be joint and several;
(B) if a husband and wife spouses file a joint
federal income tax return for a taxable year ending on
or after December 31, 2009 and ending prior to
December 31, 2021, they may elect to file separate
returns under this Act for such taxable year. The
election under this paragraph must be made on or
before the due date (including extensions) of the
return and, once made, shall be irrevocable. If no
election is timely made under this paragraph for a
taxable year:
(i) the couple must file a joint return under
this Act for such taxable year,
(ii) their liabilities shall be joint and
several, and
(iii) any overpayment for that taxable year
may be withheld under Section 909 of this Act or

under Section 2505-275 of the Civil Administrative
Code of Illinois and applied against a debt of
either spouse without regard to the amount of the
overpayment attributable to the other spouse; and
(C) if the federal income tax liability of either
spouse is determined on a separate federal income tax
return, they shall file separate returns under this
Act.
(2) If neither spouse is required to file a federal
income tax return and either or both are required to file a
return under this Act, they may elect to file separate or
joint returns and pursuant to such election their
liabilities shall be separate or joint and several.
(3) If either husband or wife spouse is a resident and
the other is a nonresident, they shall file separate
returns in this State on such forms as may be required by
the Department in which event their tax liabilities shall
be separate; but if they file a joint federal income tax
return for a taxable year, they may elect to determine
their joint net income and file a joint return for that
taxable year under the provisions of paragraph (1) of this
subsection as if both were residents and in such case,
their liabilities shall be joint and several.
(4) Innocent spouses.
(A) However, for tax liabilities arising and paid
prior to August 13, 1999, an innocent spouse shall be

relieved of liability for tax (including interest and
penalties) for any taxable year for which a joint
return has been made, upon submission of proof that
the Internal Revenue Service has made a determination
under Section 6013(e) of the Internal Revenue Code,
for the same taxable year, which determination
relieved the spouse from liability for federal income
taxes. If there is no federal income tax liability at
issue for the same taxable year, the Department shall
rely on the provisions of Section 6013(e) to determine
whether the person requesting innocent spouse
abatement of tax, penalty, and interest is entitled to
that relief.
(B) For tax liabilities arising on and after
August 13, 1999 or which arose prior to that date, but
remain unpaid as of that date, if an individual who
filed a joint return for any taxable year has made an
election under this paragraph, the individual's
liability for any tax shown on the joint return shall
not exceed the individual's separate return amount and
the individual's liability for any deficiency assessed
for that taxable year shall not exceed the portion of
the deficiency properly allocable to the individual.
For purposes of this paragraph:
(i) An election properly made pursuant to
Section 6015 of the Internal Revenue Code shall

constitute an election under this paragraph,
provided that the election shall not be effective
until the individual has notified the Department
of the election in the form and manner prescribed
by the Department.
(ii) If no election has been made under
Section 6015, the individual may make an election
under this paragraph in the form and manner
prescribed by the Department, provided that no
election may be made if the Department finds that
assets were transferred between individuals filing
a joint return as part of a scheme by such
individuals to avoid payment of Illinois income
tax and the election shall not eliminate the
individual's liability for any portion of a
deficiency attributable to an error on the return
of which the individual had actual knowledge as of
the date of filing.
(iii) In determining the separate return
amount or portion of any deficiency attributable
to an individual, the Department shall follow the
provisions in subsections (c) and (d) of Section
6015 of the Internal Revenue Code.
(iv) In determining the validity of an
individual's election under subparagraph (ii) and
in determining an electing individual's separate

return amount or portion of any deficiency under
subparagraph (iii), any determination made by the
Secretary of the Treasury, by the United States
Tax Court on petition for review of a
determination by the Secretary of the Treasury, or
on appeal from the United States Tax Court under
Section 6015 of the Internal Revenue Code
regarding criteria for eligibility or under
subsection (d) of Section 6015 of the Internal
Revenue Code regarding the allocation of any item
of income, deduction, payment, or credit between
an individual making the federal election and that
individual's spouse shall be conclusively presumed
to be correct. With respect to any item that is not
the subject of a determination by the Secretary of
the Treasury or the federal courts, in any
proceeding involving this subsection, the
individual making the election shall have the
burden of proof with respect to any item except
that the Department shall have the burden of proof
with respect to items in subdivision (ii).
(v) Any election made by an individual under
this subsection shall apply to all years for which
that individual and the spouse named in the
election have filed a joint return.
(vi) After receiving a notice that the federal

election has been made or after receiving an
election under subdivision (ii), the Department
shall take no collection action against the
electing individual for any liability arising from
a joint return covered by the election until the
Department has notified the electing individual in
writing that the election is invalid or of the
portion of the liability the Department has
allocated to the electing individual. Within 60
days (150 days if the individual is outside the
United States) after the issuance of such
notification, the individual may file a written
protest of the denial of the election or of the
Department's determination of the liability
allocated to him or her and shall be granted a
hearing within the Department under the provisions
of Section 908. If a protest is filed, the
Department shall take no collection action against
the electing individual until the decision
regarding the protest has become final under
subsection (d) of Section 908 or, if
administrative review of the Department's decision
is requested under Section 1201, until the
decision of the court becomes final.
(d) Partnerships. Every partnership having any base income
allocable to this State in accordance with section 305(c)

shall retain information concerning all items of income, gain,
loss and deduction; the names and addresses of all of the
partners, or names and addresses of members of a limited
liability company, or other persons who would be entitled to
share in the base income of the partnership if distributed;
the amount of the distributive share of each; and such other
pertinent information as the Department may by forms or
regulations prescribe. The partnership shall make that
information available to the Department when requested by the
Department.
(e) For taxable years ending on or after December 31,
1985, and before December 31, 1993, taxpayers that are
corporations (other than Subchapter S corporations) having the
same taxable year and that are members of the same unitary
business group may elect to be treated as one taxpayer for
purposes of any original return, amended return which includes
the same taxpayers of the unitary group which joined in the
election to file the original return, extension, claim for
refund, assessment, collection and payment and determination
of the group's tax liability under this Act. This subsection
(e) does not permit the election to be made for some, but not
all, of the purposes enumerated above. For taxable years
ending on or after December 31, 1987, corporate members (other
than Subchapter S corporations) of the same unitary business
group making this subsection (e) election are not required to
have the same taxable year.

For taxable years ending on or after December 31, 1993,
taxpayers that are corporations (other than Subchapter S
corporations) and that are members of the same unitary
business group shall be treated as one taxpayer for purposes
of any original return, amended return which includes the same
taxpayers of the unitary group which joined in filing the
original return, extension, claim for refund, assessment,
collection and payment and determination of the group's tax
liability under this Act.
(f) For taxable years ending prior to December 31, 2014,
the Department may promulgate regulations to permit
nonresident individual partners of the same partnership,
nonresident Subchapter S corporation shareholders of the same
Subchapter S corporation, and nonresident individuals
transacting an insurance business in Illinois under a Lloyds
plan of operation, and nonresident individual members of the
same limited liability company that is treated as a
partnership under Section 1501 (a)(16) of this Act, to file
composite individual income tax returns reflecting the
composite income of such individuals allocable to Illinois and
to make composite individual income tax payments. For taxable
years ending prior to December 31, 2014, the Department may by
regulation also permit such composite returns to include the
income tax owed by Illinois residents attributable to their
income from partnerships, Subchapter S corporations, insurance
businesses organized under a Lloyds plan of operation, or

limited liability companies that are treated as partnership
under Section 1501(a)(16) of this Act, in which case such
Illinois residents will be permitted to claim credits on their
individual returns for their shares of the composite tax
payments. This paragraph of subsection (f) applies to taxable
years ending on or after December 31, 1987 and ending prior to
December 31, 2014.
For taxable years ending on or after December 31, 1999,
the Department may, by regulation, permit any persons
transacting an insurance business organized under a Lloyds
plan of operation to file composite returns reflecting the
income of such persons allocable to Illinois and the tax rates
applicable to such persons under Section 201 and to make
composite tax payments and shall, by regulation, also provide
that the income and apportionment factors attributable to the
transaction of an insurance business organized under a Lloyds
plan of operation by any person joining in the filing of a
composite return shall, for purposes of allocating and
apportioning income under Article 3 of this Act and computing
net income under Section 202 of this Act, be excluded from any
other income and apportionment factors of that person or of
any unitary business group, as defined in subdivision (a)(27)
of Section 1501, to which that person may belong.
For taxable years ending on or after December 31, 2008,
every nonresident shall be allowed a credit against his or her
liability under subsections (a) and (b) of Section 201 for any

amount of tax reported on a composite return and paid on his or
her behalf under this subsection (f). Residents (other than
persons transacting an insurance business organized under a
Lloyds plan of operation) may claim a credit for taxes
reported on a composite return and paid on their behalf under
this subsection (f) only as permitted by the Department by
rule.
(f-5) For taxable years ending on or after December 31,
2008, the Department may adopt rules to provide that, when a
partnership or Subchapter S corporation has made an error in
determining the amount of any item of income, deduction,
addition, subtraction, or credit required to be reported on
its return that affects the liability imposed under this Act
on a partner or shareholder, the partnership or Subchapter S
corporation may report the changes in liabilities of its
partners or shareholders and claim a refund of the resulting
overpayments, or pay the resulting underpayments, on behalf of
its partners and shareholders.
(g) The Department may adopt rules to authorize the
electronic filing of any return required to be filed under
this Section.
(Source: P.A. 101-8, see Section 99 for effective date.)
(35 ILCS 5/901)
(Text of Section without the changes made by P.A. 101-8,
which did not take effect (see Section 99 of P.A. 101-8))

Sec. 901. Collection authority.
(a) In general. The Department shall collect the taxes
imposed by this Act. The Department shall collect certified
past due child support amounts under Section 2505-650 of the
Department of Revenue Law of the Civil Administrative Code of
Illinois. Except as provided in subsections (b), (c), (e),
(f), (g), and (h) of this Section, money collected pursuant to
subsections (a) and (b) of Section 201 of this Act shall be
paid into the General Revenue Fund in the State treasury;
money collected pursuant to subsections (c) and (d) of Section
201 of this Act shall be paid into the Personal Property Tax
Replacement Fund, a special fund in the State Treasury; and
money collected under Section 2505-650 of the Department of
Revenue Law of the Civil Administrative Code of Illinois shall
be paid into the Child Support Enforcement Trust Fund, a
special fund outside the State Treasury, or to the State
Disbursement Unit established under Section 10-26 of the
Illinois Public Aid Code, as directed by the Department of
Healthcare and Family Services.
(b) Local Government Distributive Fund. Beginning August
1, 2017, the Treasurer shall transfer each month from the
General Revenue Fund to the Local Government Distributive Fund
an amount equal to the sum of (i) 6.06% (10% of the ratio of
the 3% individual income tax rate prior to 2011 to the 4.95%
individual income tax rate after July 1, 2017) of the net
revenue realized from the tax imposed by subsections (a) and

(b) of Section 201 of this Act upon individuals, trusts, and
estates during the preceding month and (ii) 6.85% (10% of the
ratio of the 4.8% corporate income tax rate prior to 2011 to
the 7% corporate income tax rate after July 1, 2017) of the net
revenue realized from the tax imposed by subsections (a) and
(b) of Section 201 of this Act upon corporations during the
preceding month. Net revenue realized for a month shall be
defined as the revenue from the tax imposed by subsections (a)
and (b) of Section 201 of this Act which is deposited in the
General Revenue Fund, the Education Assistance Fund, the
Income Tax Surcharge Local Government Distributive Fund, the
Fund for the Advancement of Education, and the Commitment to
Human Services Fund during the month minus the amount paid out
of the General Revenue Fund in State warrants during that same
month as refunds to taxpayers for overpayment of liability
under the tax imposed by subsections (a) and (b) of Section 201
of this Act.
Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23), those amounts required under this subsection (b) to
be transferred by the Treasurer into the Local Government
Distributive Fund from the General Revenue Fund shall be
directly deposited into the Local Government Distributive Fund
as the revenue is realized from the tax imposed by subsections
(a) and (b) of Section 201 of this Act.
For State fiscal year 2020 only, notwithstanding any

provision of law to the contrary, the total amount of revenue
and deposits under this Section attributable to revenues
realized during State fiscal year 2020 shall be reduced by 5%.
(c) Deposits Into Income Tax Refund Fund.
(1) Beginning on January 1, 1989 and thereafter, the
Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(1), (2), and
(3) of Section 201 of this Act into a fund in the State
treasury known as the Income Tax Refund Fund. Beginning
with State fiscal year 1990 and for each fiscal year
thereafter, the percentage deposited into the Income Tax
Refund Fund during a fiscal year shall be the Annual
Percentage. For fiscal year 2011, the Annual Percentage
shall be 8.75%. For fiscal year 2012, the Annual
Percentage shall be 8.75%. For fiscal year 2013, the
Annual Percentage shall be 9.75%. For fiscal year 2014,
the Annual Percentage shall be 9.5%. For fiscal year 2015,
the Annual Percentage shall be 10%. For fiscal year 2018,
the Annual Percentage shall be 9.8%. For fiscal year 2019,
the Annual Percentage shall be 9.7%. For fiscal year 2020,
the Annual Percentage shall be 9.5%. For fiscal year 2021,
the Annual Percentage shall be 9%. For all other fiscal
years, the Annual Percentage shall be calculated as a
fraction, the numerator of which shall be the amount of
refunds approved for payment by the Department during the
preceding fiscal year as a result of overpayment of tax

liability under subsections (a) and (b)(1), (2), and (3)
of Section 201 of this Act plus the amount of such refunds
remaining approved but unpaid at the end of the preceding
fiscal year, minus the amounts transferred into the Income
Tax Refund Fund from the Tobacco Settlement Recovery Fund,
and the denominator of which shall be the amounts which
will be collected pursuant to subsections (a) and (b)(1),
(2), and (3) of Section 201 of this Act during the
preceding fiscal year; except that in State fiscal year
2002, the Annual Percentage shall in no event exceed 7.6%.
The Director of Revenue shall certify the Annual
Percentage to the Comptroller on the last business day of
the fiscal year immediately preceding the fiscal year for
which it is to be effective.
(2) Beginning on January 1, 1989 and thereafter, the
Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(6), (7), and
(8), (c) and (d) of Section 201 of this Act into a fund in
the State treasury known as the Income Tax Refund Fund.
Beginning with State fiscal year 1990 and for each fiscal
year thereafter, the percentage deposited into the Income
Tax Refund Fund during a fiscal year shall be the Annual
Percentage. For fiscal year 2011, the Annual Percentage
shall be 17.5%. For fiscal year 2012, the Annual
Percentage shall be 17.5%. For fiscal year 2013, the
Annual Percentage shall be 14%. For fiscal year 2014, the

Annual Percentage shall be 13.4%. For fiscal year 2015,
the Annual Percentage shall be 14%. For fiscal year 2018,
the Annual Percentage shall be 17.5%. For fiscal year
2019, the Annual Percentage shall be 15.5%. For fiscal
year 2020, the Annual Percentage shall be 14.25%. For
fiscal year 2021, the Annual Percentage shall be 14%. For
all other fiscal years, the Annual Percentage shall be
calculated as a fraction, the numerator of which shall be
the amount of refunds approved for payment by the
Department during the preceding fiscal year as a result of
overpayment of tax liability under subsections (a) and
(b)(6), (7), and (8), (c) and (d) of Section 201 of this
Act plus the amount of such refunds remaining approved but
unpaid at the end of the preceding fiscal year, and the
denominator of which shall be the amounts which will be
collected pursuant to subsections (a) and (b)(6), (7), and
(8), (c) and (d) of Section 201 of this Act during the
preceding fiscal year; except that in State fiscal year
2002, the Annual Percentage shall in no event exceed 23%.
The Director of Revenue shall certify the Annual
Percentage to the Comptroller on the last business day of
the fiscal year immediately preceding the fiscal year for
which it is to be effective.
(3) The Comptroller shall order transferred and the
Treasurer shall transfer from the Tobacco Settlement
Recovery Fund to the Income Tax Refund Fund (i)

$35,000,000 in January, 2001, (ii) $35,000,000 in January,
2002, and (iii) $35,000,000 in January, 2003.
(d) Expenditures from Income Tax Refund Fund.
(1) Beginning January 1, 1989, money in the Income Tax
Refund Fund shall be expended exclusively for the purpose
of paying refunds resulting from overpayment of tax
liability under Section 201 of this Act and for making
transfers pursuant to this subsection (d).
(2) The Director shall order payment of refunds
resulting from overpayment of tax liability under Section
201 of this Act from the Income Tax Refund Fund only to the
extent that amounts collected pursuant to Section 201 of
this Act and transfers pursuant to this subsection (d) and
item (3) of subsection (c) have been deposited and
retained in the Fund.
(3) As soon as possible after the end of each fiscal
year, the Director shall order transferred and the State
Treasurer and State Comptroller shall transfer from the
Income Tax Refund Fund to the Personal Property Tax
Replacement Fund an amount, certified by the Director to
the Comptroller, equal to the excess of the amount
collected pursuant to subsections (c) and (d) of Section
201 of this Act deposited into the Income Tax Refund Fund
during the fiscal year over the amount of refunds
resulting from overpayment of tax liability under
subsections (c) and (d) of Section 201 of this Act paid

from the Income Tax Refund Fund during the fiscal year.
(4) As soon as possible after the end of each fiscal
year, the Director shall order transferred and the State
Treasurer and State Comptroller shall transfer from the
Personal Property Tax Replacement Fund to the Income Tax
Refund Fund an amount, certified by the Director to the
Comptroller, equal to the excess of the amount of refunds
resulting from overpayment of tax liability under
subsections (c) and (d) of Section 201 of this Act paid
from the Income Tax Refund Fund during the fiscal year
over the amount collected pursuant to subsections (c) and
(d) of Section 201 of this Act deposited into the Income
Tax Refund Fund during the fiscal year.
(4.5) As soon as possible after the end of fiscal year
1999 and of each fiscal year thereafter, the Director
shall order transferred and the State Treasurer and State
Comptroller shall transfer from the Income Tax Refund Fund
to the General Revenue Fund any surplus remaining in the
Income Tax Refund Fund as of the end of such fiscal year;
excluding for fiscal years 2000, 2001, and 2002 amounts
attributable to transfers under item (3) of subsection (c)
less refunds resulting from the earned income tax credit.
(5) This Act shall constitute an irrevocable and
continuing appropriation from the Income Tax Refund Fund
for the purpose of paying refunds upon the order of the
Director in accordance with the provisions of this

Section.
(e) Deposits into the Education Assistance Fund and the
Income Tax Surcharge Local Government Distributive Fund. On
July 1, 1991, and thereafter, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of this Act,
minus deposits into the Income Tax Refund Fund, the Department
shall deposit 7.3% into the Education Assistance Fund in the
State Treasury. Beginning July 1, 1991, and continuing through
January 31, 1993, of the amounts collected pursuant to
subsections (a) and (b) of Section 201 of the Illinois Income
Tax Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 3.0% into the Income Tax Surcharge
Local Government Distributive Fund in the State Treasury.
Beginning February 1, 1993 and continuing through June 30,
1993, of the amounts collected pursuant to subsections (a) and
(b) of Section 201 of the Illinois Income Tax Act, minus
deposits into the Income Tax Refund Fund, the Department shall
deposit 4.4% into the Income Tax Surcharge Local Government
Distributive Fund in the State Treasury. Beginning July 1,
1993, and continuing through June 30, 1994, of the amounts
collected under subsections (a) and (b) of Section 201 of this
Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 1.475% into the Income Tax Surcharge
Local Government Distributive Fund in the State Treasury.
(f) Deposits into the Fund for the Advancement of
Education. Beginning February 1, 2015, the Department shall

deposit the following portions of the revenue realized from
the tax imposed upon individuals, trusts, and estates by
subsections (a) and (b) of Section 201 of this Act, minus
deposits into the Income Tax Refund Fund, into the Fund for the
Advancement of Education:
(1) beginning February 1, 2015, and prior to February
1, 2025, 1/30; and
(2) beginning February 1, 2025, 1/26.
If the rate of tax imposed by subsection (a) and (b) of
Section 201 is reduced pursuant to Section 201.5 of this Act,
the Department shall not make the deposits required by this
subsection (f) on or after the effective date of the
reduction.
(g) Deposits into the Commitment to Human Services Fund.
Beginning February 1, 2015, the Department shall deposit the
following portions of the revenue realized from the tax
imposed upon individuals, trusts, and estates by subsections
(a) and (b) of Section 201 of this Act, minus deposits into the
Income Tax Refund Fund, into the Commitment to Human Services
Fund:
(1) beginning February 1, 2015, and prior to February
1, 2025, 1/30; and
(2) beginning February 1, 2025, 1/26.
If the rate of tax imposed by subsection (a) and (b) of
Section 201 is reduced pursuant to Section 201.5 of this Act,
the Department shall not make the deposits required by this

subsection (g) on or after the effective date of the
reduction.
(h) Deposits into the Tax Compliance and Administration
Fund. Beginning on the first day of the first calendar month to
occur on or after August 26, 2014 (the effective date of Public
Act 98-1098), each month the Department shall pay into the Tax
Compliance and Administration Fund, to be used, subject to
appropriation, to fund additional auditors and compliance
personnel at the Department, an amount equal to 1/12 of 5% of
the cash receipts collected during the preceding fiscal year
by the Audit Bureau of the Department from the tax imposed by
subsections (a), (b), (c), and (d) of Section 201 of this Act,
net of deposits into the Income Tax Refund Fund made from those
cash receipts.
(Source: P.A. 100-22, eff. 7-6-17; 100-23, eff. 7-6-17;
100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff.
8-14-18; 100-1171, eff. 1-4-19; 101-10, eff. 6-5-19; 101-81,
eff. 7-12-19; 101-636, eff. 6-10-20.)
(Text of Section with the changes made by P.A. 101-8,
which did not take effect (see Section 99 of P.A. 101-8))
Sec. 901. Collection authority.
(a) In general. The Department shall collect the taxes
imposed by this Act. The Department shall collect certified
past due child support amounts under Section 2505-650 of the
Department of Revenue Law of the Civil Administrative Code of

Illinois. Except as provided in subsections (b), (c), (e),
(f), (g), and (h) of this Section, money collected pursuant to
subsections (a) and (b) of Section 201 of this Act shall be
paid into the General Revenue Fund in the State treasury;
money collected pursuant to subsections (c) and (d) of Section
201 of this Act shall be paid into the Personal Property Tax
Replacement Fund, a special fund in the State Treasury; and
money collected under Section 2505-650 of the Department of
Revenue Law of the Civil Administrative Code of Illinois shall
be paid into the Child Support Enforcement Trust Fund, a
special fund outside the State Treasury, or to the State
Disbursement Unit established under Section 10-26 of the
Illinois Public Aid Code, as directed by the Department of
Healthcare and Family Services.
(b) Local Government Distributive Fund. Beginning August
1, 2017 and continuing through January 31, 2021, the Treasurer
shall transfer each month from the General Revenue Fund to the
Local Government Distributive Fund an amount equal to the sum
of (i) 6.06% (10% of the ratio of the 3% individual income tax
rate prior to 2011 to the 4.95% individual income tax rate
after July 1, 2017) of the net revenue realized from the tax
imposed by subsections (a) and (b) of Section 201 of this Act
upon individuals, trusts, and estates during the preceding
month and (ii) 6.85% (10% of the ratio of the 4.8% corporate
income tax rate prior to 2011 to the 7% corporate income tax
rate after July 1, 2017) of the net revenue realized from the

tax imposed by subsections (a) and (b) of Section 201 of this
Act upon corporations during the preceding month. Beginning
February 1, 2021, the Treasurer shall transfer each month from
the General Revenue Fund to the Local Government Distributive
Fund an amount equal to the sum of (i) 5.32% of the net revenue
realized from the tax imposed by subsections (a) and (b) of
Section 201 of this Act upon individuals, trusts, and estates
during the preceding month and (ii) 6.16% of the net revenue
realized from the tax imposed by subsections (a) and (b) of
Section 201 of this Act upon corporations during the preceding
month. Net revenue realized for a month shall be defined as the
revenue from the tax imposed by subsections (a) and (b) of
Section 201 of this Act which is deposited in the General
Revenue Fund, the Education Assistance Fund, the Income Tax
Surcharge Local Government Distributive Fund, the Fund for the
Advancement of Education, and the Commitment to Human Services
Fund during the month minus the amount paid out of the General
Revenue Fund in State warrants during that same month as
refunds to taxpayers for overpayment of liability under the
tax imposed by subsections (a) and (b) of Section 201 of this
Act.
Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23), those amounts required under this subsection (b) to
be transferred by the Treasurer into the Local Government
Distributive Fund from the General Revenue Fund shall be

directly deposited into the Local Government Distributive Fund
as the revenue is realized from the tax imposed by subsections
(a) and (b) of Section 201 of this Act.
For State fiscal year 2020 only, notwithstanding any
provision of law to the contrary, the total amount of revenue
and deposits under this Section attributable to revenues
realized during State fiscal year 2020 shall be reduced by 5%.
(c) Deposits Into Income Tax Refund Fund.
(1) Beginning on January 1, 1989 and thereafter, the
Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(1), (2), and
(3) of Section 201 of this Act into a fund in the State
treasury known as the Income Tax Refund Fund. Beginning
with State fiscal year 1990 and for each fiscal year
thereafter, the percentage deposited into the Income Tax
Refund Fund during a fiscal year shall be the Annual
Percentage. For fiscal year 2011, the Annual Percentage
shall be 8.75%. For fiscal year 2012, the Annual
Percentage shall be 8.75%. For fiscal year 2013, the
Annual Percentage shall be 9.75%. For fiscal year 2014,
the Annual Percentage shall be 9.5%. For fiscal year 2015,
the Annual Percentage shall be 10%. For fiscal year 2018,
the Annual Percentage shall be 9.8%. For fiscal year 2019,
the Annual Percentage shall be 9.7%. For fiscal year 2020,
the Annual Percentage shall be 9.5%. For fiscal year 2021,
the Annual Percentage shall be 9%. For all other fiscal

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

Percentage. For fiscal year 2011, the Annual Percentage
shall be 17.5%. For fiscal year 2012, the Annual
Percentage shall be 17.5%. For fiscal year 2013, the
Annual Percentage shall be 14%. For fiscal year 2014, the
Annual Percentage shall be 13.4%. For fiscal year 2015,
the Annual Percentage shall be 14%. For fiscal year 2018,
the Annual Percentage shall be 17.5%. For fiscal year
2019, the Annual Percentage shall be 15.5%. For fiscal
year 2020, the Annual Percentage shall be 14.25%. For
fiscal year 2021, the Annual Percentage shall be 14%. For
all other fiscal years, the Annual Percentage shall be
calculated as a fraction, the numerator of which shall be
the amount of refunds approved for payment by the
Department during the preceding fiscal year as a result of
overpayment of tax liability under subsections (a) and
(b)(6), (7), and (8), (c) and (d) of Section 201 of this
Act plus the amount of such refunds remaining approved but
unpaid at the end of the preceding fiscal year, and the
denominator of which shall be the amounts which will be
collected pursuant to subsections (a) and (b)(6), (7), and
(8), (c) and (d) of Section 201 of this Act during the
preceding fiscal year; except that in State fiscal year
2002, the Annual Percentage shall in no event exceed 23%.
The Director of Revenue shall certify the Annual
Percentage to the Comptroller on the last business day of
the fiscal year immediately preceding the fiscal year for

which it is to be effective.
(3) The Comptroller shall order transferred and the
Treasurer shall transfer from the Tobacco Settlement
Recovery Fund to the Income Tax Refund Fund (i)
$35,000,000 in January, 2001, (ii) $35,000,000 in January,
2002, and (iii) $35,000,000 in January, 2003.
(d) Expenditures from Income Tax Refund Fund.
(1) Beginning January 1, 1989, money in the Income Tax
Refund Fund shall be expended exclusively for the purpose
of paying refunds resulting from overpayment of tax
liability under Section 201 of this Act and for making
transfers pursuant to this subsection (d).
(2) The Director shall order payment of refunds
resulting from overpayment of tax liability under Section
201 of this Act from the Income Tax Refund Fund only to the
extent that amounts collected pursuant to Section 201 of
this Act and transfers pursuant to this subsection (d) and
item (3) of subsection (c) have been deposited and
retained in the Fund.
(3) As soon as possible after the end of each fiscal
year, the Director shall order transferred and the State
Treasurer and State Comptroller shall transfer from the
Income Tax Refund Fund to the Personal Property Tax
Replacement Fund an amount, certified by the Director to
the Comptroller, equal to the excess of the amount
collected pursuant to subsections (c) and (d) of Section

201 of this Act deposited into the Income Tax Refund Fund
during the fiscal year over the amount of refunds
resulting from overpayment of tax liability under
subsections (c) and (d) of Section 201 of this Act paid
from the Income Tax Refund Fund during the fiscal year.
(4) As soon as possible after the end of each fiscal
year, the Director shall order transferred and the State
Treasurer and State Comptroller shall transfer from the
Personal Property Tax Replacement Fund to the Income Tax
Refund Fund an amount, certified by the Director to the
Comptroller, equal to the excess of the amount of refunds
resulting from overpayment of tax liability under
subsections (c) and (d) of Section 201 of this Act paid
from the Income Tax Refund Fund during the fiscal year
over the amount collected pursuant to subsections (c) and
(d) of Section 201 of this Act deposited into the Income
Tax Refund Fund during the fiscal year.
(4.5) As soon as possible after the end of fiscal year
1999 and of each fiscal year thereafter, the Director
shall order transferred and the State Treasurer and State
Comptroller shall transfer from the Income Tax Refund Fund
to the General Revenue Fund any surplus remaining in the
Income Tax Refund Fund as of the end of such fiscal year;
excluding for fiscal years 2000, 2001, and 2002 amounts
attributable to transfers under item (3) of subsection (c)
less refunds resulting from the earned income tax credit.

(5) This Act shall constitute an irrevocable and
continuing appropriation from the Income Tax Refund Fund
for the purpose of paying refunds upon the order of the
Director in accordance with the provisions of this
Section.
(e) Deposits into the Education Assistance Fund and the
Income Tax Surcharge Local Government Distributive Fund. On
July 1, 1991, and thereafter, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of this Act,
minus deposits into the Income Tax Refund Fund, the Department
shall deposit 7.3% into the Education Assistance Fund in the
State Treasury. Beginning July 1, 1991, and continuing through
January 31, 1993, of the amounts collected pursuant to
subsections (a) and (b) of Section 201 of the Illinois Income
Tax Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 3.0% into the Income Tax Surcharge
Local Government Distributive Fund in the State Treasury.
Beginning February 1, 1993 and continuing through June 30,
1993, of the amounts collected pursuant to subsections (a) and
(b) of Section 201 of the Illinois Income Tax Act, minus
deposits into the Income Tax Refund Fund, the Department shall
deposit 4.4% into the Income Tax Surcharge Local Government
Distributive Fund in the State Treasury. Beginning July 1,
1993, and continuing through June 30, 1994, of the amounts
collected under subsections (a) and (b) of Section 201 of this
Act, minus deposits into the Income Tax Refund Fund, the

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

(2) beginning February 1, 2025, 1/26.
If the rate of tax imposed by subsection (a) and (b) of
Section 201 is reduced pursuant to Section 201.5 of this Act,
the Department shall not make the deposits required by this
subsection (g) on or after the effective date of the
reduction.
(h) Deposits into the Tax Compliance and Administration
Fund. Beginning on the first day of the first calendar month to
occur on or after August 26, 2014 (the effective date of Public
Act 98-1098), each month the Department shall pay into the Tax
Compliance and Administration Fund, to be used, subject to
appropriation, to fund additional auditors and compliance
personnel at the Department, an amount equal to 1/12 of 5% of
the cash receipts collected during the preceding fiscal year
by the Audit Bureau of the Department from the tax imposed by
subsections (a), (b), (c), and (d) of Section 201 of this Act,
net of deposits into the Income Tax Refund Fund made from those
cash receipts.
(Source: P.A. 100-22, eff. 7-6-17; 100-23, eff. 7-6-17;
100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff.
8-14-18; 100-1171, eff. 1-4-19; 101-8, see Section 99 for
effective date; 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
101-636, eff. 6-10-20.)
(35 ILCS 5/201.1 rep.)
(35 ILCS 5/229 rep.)

Section 880. The Illinois Income Tax Act is amended by
repealing Section 201.1 and Section 229 as added by Public Act
101-8.
Section 995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
Section 996. No revival or extension. This Act does not
revive or extend any Section or Act otherwise repealed.
Section 999. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance