Bill Text: IL SB2640 | 2013-2014 | 98th General Assembly | Chaptered

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Bill Title: Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that the strategic business development plan prepared by the Illinois Business Development Council shall include: (i) an assessment of the economic development practices of states that border Illinois and (ii) recommendations for best practices with respect to economic development, business incentives, business attraction, and business retention for counties in Illinois that border at least one other state. Effective immediately.

Spectrum: Strong Partisan Bill (Democrat 14-1)

Status: (Passed) 2014-07-16 - Public Act . . . . . . . . . 98-0756 [SB2640 Detail]

Download: Illinois-2013-SB2640-Chaptered.html

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Public Act 098-0756
SB2640 Enrolled LRB098 15113 HLH 50085 b
AN ACT concerning State government.
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 2014 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 In certain cases in which a repealed Act or Section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incorporate amendments to the repealed Act or Section into the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 97-1145 through 98-589 were considered in
the preparation of the combining revisories included in this
Act. Many of those combining revisories contain no striking or
underscoring because no additional changes are being made in
the material that is being combined.
Section 5. The Regulatory Sunset Act is amended by changing
Section 4.34 as follows:
(5 ILCS 80/4.34)
Sec. 4.34. Acts and Section Act repealed on January 1,
2024. The following Acts and Section of an Act are is repealed
on January 1, 2024:
The Electrologist Licensing Act.
The Illinois Certified Shorthand Reporters Act of
1984.
The Illinois Occupational Therapy Practice Act.
The Illinois Public Accounting Act.
The Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004.
The Registered Surgical Assistant and Registered
Surgical Technologist Title Protection Act.
Section 2.5 of the Illinois Plumbing License Law.
The Veterinary Medicine and Surgery Practice Act of

2004.
(Source: P.A. 98-140, eff. 12-31-13; 98-253, eff. 8-9-13;
98-254, eff. 8-9-13; 98-264, eff. 12-31-13; 98-339, eff.
12-31-13; 98-363, eff. 8-16-13; 98-364, eff. 12-31-13; 98-445,
eff. 12-31-13; revised 9-10-13.)
Section 10. The Open Meetings Act is amended by changing
Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do not
require the holding of a closed meeting to discuss a subject
included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees of the public body or legal counsel for the

public body, including hearing testimony on a complaint
lodged against an employee of the public body or against
legal counsel for the public body to determine its
validity.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the public
body is given power to remove the occupant under law or
ordinance.
(4) Evidence or testimony presented in open hearing, or
in closed hearing where specifically authorized by law, to
a quasi-adjudicative body, as defined in this Act, provided
that the body prepares and makes available for public
inspection a written decision setting forth its
determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the purpose
of discussing whether a particular parcel should be
acquired.
(6) The setting of a price for sale or lease of

property owned by the public body.
(7) The sale or purchase of securities, investments, or
investment contracts. This exception shall not apply to the
investment of assets or income of funds deposited into the
Illinois Prepaid Tuition Trust Fund.
(8) Security procedures and the use of personnel and
equipment to respond to an actual, a threatened, or a
reasonably potential danger to the safety of employees,
students, staff, the public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or

communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public body
is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair housing
practices and creating a commission or administrative
agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals for a hospital, or other institution
providing medical care, that is operated by the public
body.

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

(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.
(27) (Blank).
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Public Aid Code or (ii)
that pertain to appeals under Section 11-8 of the Public
Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and
their equivalents, when the discussion involves internal
control weaknesses, identification of potential fraud risk
areas, known or suspected frauds, and fraud interviews
conducted in accordance with generally accepted auditing
standards of the United States of America.
(30) Those meetings or portions of meetings of an
at-risk adult fatality review team or the Illinois At-Risk
Adult 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) (30) Meetings and deliberations for decisions of
the Concealed Carry Licensing Review Board under the
Firearm Concealed Carry Act.
(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. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11;
97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff.
8-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; revised
7-23-13.)

Section 15. The Freedom of Information Act is amended by
changing Sections 3.2 and 7.5 as follows:
(5 ILCS 140/3.2)
Sec. 3.2. Recurrent requesters.
(a) Notwithstanding Nothwithstanding any provision of this
Act to the contrary, a public body shall respond to a request
from a recurrent requester, as defined in subsection (g) of
Section 2, within 21 business days after receipt. The response
shall (i) provide to the requester an estimate of the time
required by the public body to provide the records requested
and an estimate of the fees to be charged, which the public
body may require the person to pay in full before copying the
requested documents, (ii) deny the request pursuant to one or
more of the exemptions set out in this Act, (iii) notify the
requester that the request is unduly burdensome and extend an
opportunity to the requester to attempt to reduce the request
to manageable proportions, or (iv) provide the records
requested.
(b) Within 5 business days after receiving a request from a
recurrent requester, as defined in subsection (g) of Section 2,
the public body shall notify the requester (i) that the public
body is treating the request as a request under subsection (g)
of Section 2, (ii) of the reasons why the public body is
treating the request as a request under subsection (g) of

Section 2, and (iii) that the public body will send an initial
response within 21 business days after receipt in accordance
with subsection (a) of this Section. The public body shall also
notify the requester of the proposed responses that can be
asserted pursuant to subsection (a) of this Section.
(c) Unless the records are exempt from disclosure, a public
body shall comply with a request within a reasonable period
considering the size and complexity of the request.
(Source: P.A. 97-579, eff. 8-26-11; revised 9-4-13.)
(5 ILCS 140/7.5)
Sec. 7.5. Statutory Exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential under
Section 4002 of the Technology Advancement and Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library Records
Confidentiality Act.
(c) Applications, related documents, and medical records
received by the Experimental Organ Transplantation Procedures
Board and any and all documents or other records prepared by
the Experimental Organ Transplantation Procedures Board or its
staff relating to applications it has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating to

known or suspected cases of sexually transmissible disease or
any information the disclosure of which is restricted under the
Illinois Sexually Transmissible Disease Control Act.
(e) Information the disclosure of which is exempted under
Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of the
Architectural, Engineering, and Land Surveying Qualifications
Based Selection Act.
(g) Information the disclosure of which is restricted and
exempted under Section 50 of the Illinois Prepaid Tuition Act.
(h) Information the disclosure of which is exempted under
the State Officials and Employees Ethics Act, and records of
any lawfully created State or local inspector general's office
that would be exempt if created or obtained by an Executive
Inspector General's office under that Act.
(i) Information contained in a local emergency energy plan
submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under Section
11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution of
surcharge moneys collected and remitted by wireless carriers
under the Wireless Emergency Telephone Safety Act.
(k) Law enforcement officer identification information or
driver identification information compiled by a law
enforcement agency or the Department of Transportation under
Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential
health care facility resident sexual assault and death review
team or the Executive Council under the Abuse Prevention Review
Team Act.
(m) Information provided to the predatory lending database
created pursuant to Article 3 of the Residential Real Property
Disclosure Act, except to the extent authorized under that
Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial counsel as
provided under Sections 10 and 15 of the Capital Crimes
Litigation Act. This subsection (n) shall apply until the
conclusion of the trial of the case, even if the prosecution
chooses not to pursue the death penalty prior to trial or
sentencing.
(o) Information that is prohibited from being disclosed
under Section 4 of the Illinois Health and Hazardous Substances
Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act or the St. Clair County
Transit District under the Bi-State Transit Safety Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.

(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted under
Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information in
the form of health data or medical records contained in, stored
in, submitted to, transferred by, or released from the Illinois
Health Information Exchange, and identified or deidentified
health information in the form of health data and medical
records of the Illinois Health Information Exchange in the
possession of the Illinois Health Information Exchange
Authority due to its administration of the Illinois Health
Information Exchange. The terms "identified" and
"deidentified" shall be given the same meaning as in the Health
Insurance Accountability and Portability Act of 1996, Public
Law 104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent team
of experts under Brian's Law.
(v) Names and information of people who have applied for or
received Firearm Owner's Identification Cards under the
Firearm Owners Identification Card Act or applied for or
received a concealed carry license under the Firearm Concealed
Carry Act, unless otherwise authorized by the Firearm Concealed
Carry Act; and databases under the Firearm Concealed Carry Act,
records of the Concealed Carry Licensing Review Board under the

Firearm Concealed Carry Act, and law enforcement agency
objections under the Firearm Concealed Carry Act.
(w) Personally identifiable information which is exempted
from disclosure under subsection (g) of Section 19.1 of the
Toll Highway Act.
(x) Information which is exempted from disclosure under
Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
Illinois Municipal Code.
(y) Confidential information under the Adult Protective
Services Act and its predecessor enabling statute, the Elder
Abuse and Neglect Act, including information about the identity
and administrative finding against any caregiver of a verified
and substantiated decision of significant abuse, neglect, or
financial exploitation of an eligible adult maintained in the
Department of Public Health's Health Care Worker Registry.
(z) Records and information provided to an at-risk adult
fatality review team or the Illinois At-Risk Adult Fatality
Review Team Advisory Council under Section 15 of the Adult
Protective Services Act.
(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,
eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,
eff. 7-1-13; 98-63, eff. 7-9-13; revised 7-23-13.)
Section 20. The State Employee Indemnification Act is
amended by changing Section 1 as follows:

(5 ILCS 350/1) (from Ch. 127, par. 1301)
Sec. 1. Definitions. For the purpose of this Act:
(a) The term "State" means the State of Illinois, the
General Assembly, the court, or any State office, department,
division, bureau, board, commission, or committee, the
governing boards of the public institutions of higher education
created by the State, the Illinois National Guard, the
Comprehensive Health Insurance Board, any poison control
center designated under the Poison Control System Act that
receives State funding, or any other agency or instrumentality
of the State. It does not mean any local public entity as that
term is defined in Section 1-206 of the Local Governmental and
Governmental Employees Tort Immunity Act or a pension fund.
(b) The term "employee" means any present or former elected
or appointed officer, trustee or employee of the State, or of a
pension fund, any present or former commissioner or employee of
the Executive Ethics Commission or of the Legislative Ethics
Commission, any present or former Executive, Legislative, or
Auditor General's Inspector General, any present or former
employee of an Office of an Executive, Legislative, or Auditor
General's Inspector General, any present or former member of
the Illinois National Guard while on active duty, individuals
or organizations who contract with the Department of
Corrections, the Department of Juvenile Justice, the
Comprehensive Health Insurance Board, or the Department of
Veterans' Affairs to provide services, individuals or

organizations who contract with the Department of Human
Services (as successor to the Department of Mental Health and
Developmental Disabilities) to provide services including but
not limited to treatment and other services for sexually
violent persons, individuals or organizations who contract
with the Department of Military Affairs for youth programs,
individuals or organizations who contract to perform carnival
and amusement ride safety inspections for the Department of
Labor, individual representatives of or designated
organizations authorized to represent the Office of State
Long-Term Ombudsman for the Department on Aging, individual
representatives of or organizations designated by the
Department on Aging in the performance of their duties as adult
protective services agencies or regional administrative
agencies under the Adult Protective Services Act, individuals
or organizations appointed as members of a review team or the
Advisory Council under the Adult Protective Services Act,
individuals or organizations who perform volunteer services
for the State where such volunteer relationship is reduced to
writing, individuals who serve on any public entity (whether
created by law or administrative action) described in paragraph
(a) of this Section, individuals or not for profit
organizations who, either as volunteers, where such volunteer
relationship is reduced to writing, or pursuant to contract,
furnish professional advice or consultation to any agency or
instrumentality of the State, individuals who serve as foster

parents for the Department of Children and Family Services when
caring for a Department ward, individuals who serve as members
of an independent team of experts under Brian's Law, and
individuals who serve as arbitrators pursuant to Part 10A of
Article II of the Code of Civil Procedure and the rules of the
Supreme Court implementing Part 10A, each as now or hereafter
amended, but does not mean an independent contractor except as
provided in this Section. The term includes an individual
appointed as an inspector by the Director of State Police when
performing duties within the scope of the activities of a
Metropolitan Enforcement Group or a law enforcement
organization established under the Intergovernmental
Cooperation Act. An individual who renders professional advice
and consultation to the State through an organization which
qualifies as an "employee" under the Act is also an employee.
The term includes the estate or personal representative of an
employee.
(c) The term "pension fund" means a retirement system or
pension fund created under the Illinois Pension Code.
(Source: P.A. 98-49, eff. 7-1-13; 98-83, eff. 7-15-13; revised
8-9-13.)
Section 25. The State Employees Group Insurance Act of 1971
is amended by setting forth, renumbering, and changing multiple
versions of Section 2.5 as follows:

(5 ILCS 375/2.5)
Sec. 2.5. Application to Regional Transportation Authority
Board members. Notwithstanding any other provision of this Act
to the contrary, this Act does not apply to any member of the
Regional Transportation Authority Board who first becomes a
member of that Board on or after July 23, 2013 (the effective
date of Public Act 98-108) this amendatory Act of the 98th
General Assembly with respect to service of that Board.
(Source: P.A. 98-108, eff. 7-23-13; revised 9-6-13.)
(5 ILCS 375/2.9)
Sec. 2.9 2.5. State healthcare purchasing. On and after the
date 6 months after August 16, 2013 (the effective date of
Public Act 98-488) this amendatory Act of the 98th General
Assembly, 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 Act that were transferred from the Department of Central
Management Services to the Department of Healthcare and Family
Services by Executive Order 3 (2005) are transferred back to
the Department.
(Source: P.A. 98-488, eff. 8-16-13; revised 9-6-13.)
Section 30. The State Commemorative Dates Act is amended by
setting forth, renumbering, and changing multiple versions of
Section 175 as follows:

(5 ILCS 490/175)
Sec. 175. Mother Mary Ann Bickerdyke Day. The second
Wednesday in May of each year is designated as Mother Mary Ann
Bickerdyke Day, to be observed throughout the State as a day
set apart to honor Mother Mary Ann Bickerdyke of Galesburg,
military nurses, and the contribution of nurses to the State of
Illinois and the United States of America.
(Source: P.A. 98-141, eff. 8-2-13.)
(5 ILCS 490/180)
Sec. 180 175. Chronic Obstructive Pulmonary Disease (COPD)
Month. The month of November in each year is designated as
Chronic Obstructive Pulmonary Disease (COPD) Month to be
observed throughout the State as a month for the people of
Illinois to support efforts to decrease the prevalence of COPD,
develop better treatments, and work toward an eventual cure
through increased research, treatment, and prevention.
(Source: P.A. 98-220, eff. 8-9-13; revised 9-9-13.)
(5 ILCS 490/185)
Sec. 185 175. Eat Local, Buy Illinois Products Day. The
first Saturday of each month is designated as Eat Local, Buy
Illinois Products Day to promote local food initiatives and ,
Illinois agribusiness, and to encourage residents to re-invest
in the local economy. The Department of Agriculture's Illinois

Product Logo Program shall assist in increasing awareness and
sales of Illinois food and agribusiness products.
(Source: P.A. 98-341, eff. 8-13-13; revised 9-9-13.)
Section 35. The Election Code is amended by changing
Sections 1A-16.5, 4-10, 5-9, 10-4, 19-4, 24A-15.1, 24A-16, and
28-3 as follows:
(10 ILCS 5/1A-16.5)
Sec. 1A-16.5. Online voter registration.
(a) The State Board of Elections shall establish and
maintain a system for online voter registration that permits a
person to apply to register to vote or to update his or her
existing voter registration. In accordance with technical
specifications provided by the State Board of Elections, each
election authority shall maintain a voter registration system
capable of receiving and processing voter registration
application information, including electronic signatures, from
the online voter registration system established by the State
Board of Elections.
(b) The online voter registration system shall employ
security measures to ensure the accuracy and integrity of voter
registration applications submitted electronically pursuant to
this Section.
(c) The Board may receive voter registration information
provided by applicants using the State Board of Elections'

website, may cross reference that information with data or
information contained in the Secretary of State's database in
order to match the information submitted by applicants, and may
receive from the Secretary of State the applicant's digitized
signature upon a successful match of that applicant's
information with that contained in the Secretary of State's
database.
(d) Notwithstanding any other provision of law, a person
who is qualified to register to vote and who has an authentic
Illinois driver's license or State identification card issued
by the Secretary of State may submit an application to register
to vote electronically on a website maintained by the State
Board of Elections.
(e) An online voter registration application shall contain
all of the information that is required for a paper application
as provided in Section 1A-16 of this Code, except that the
applicant shall be required to provide:
(1) the applicant's full Illinois driver's license or
State identification card number;
(2) the last 4 digits of the applicant's social
security number; and
(3) the date the Illinois driver's license or State
identification card was issued.
(f) For an applicant's registration or change in
registration to be accepted, the applicant shall mark the box
associated with the following statement included as part of the

online voter registration application:
"By clicking on the box below, I swear or affirm all of the
following:
(1) I am the person whose name and identifying information
is provided on this form, and I desire to register to vote in
the State of Illinois.
(2) All the information I have provided on this form is
true and correct as of the date I am submitting this form.
(3) I authorize the Secretary of State to transmit to the
State Board of Elections my signature that is on file with the
Secretary of State and understand that such signature will be
used by my local election authority on this online voter
registration application for admission as an elector as if I
had signed this form personally.".
(g) Immediately upon receiving a completed online voter
registration application, the online voter registration system
shall send, by electronic mail, a confirmation notice that the
application has been received. Within 48 hours of receiving
such an application, the online voter registration system shall
send by electronic mail, a notice informing the applicant of
whether the following information has been matched with the
Secretary of State database:
(1) that the applicant has an authentic Illinois
driver's license or State identification card issued by the
Secretary of State and that the driver's license or State
identification number provided by the applicant matches

the driver's license or State identification card number
for that person on file with the Secretary of State;
(2) that the date of issuance of the Illinois driver's
license or State identification card listed on the
application matches the date of issuance of that card for
that person on file with the Secretary of State;
(3) that the date of birth provided by the applicant
matches the date of birth for that person on file with the
Secretary of State; and
(4) that the last 4 digits of the applicant's social
security number matches the last 4 four digits for that
person on file with the Secretary of State.
(h) If the information provided by the applicant matches
the information on the Secretary of State's databases for any
driver's license and State identification card holder and is
matched as provided in subsection (g) above, the online voter
registration system shall:
(1) retrieve from the Secretary of State's database
files an electronic copy of the applicant's signature from
his or her Illinois driver's license or State
identification card and such signature shall be deemed to
be the applicant's signature on his or her online voter
registration application;
(2) within 2 days of receiving the application, forward
to the county clerk or board of election commissioners
having jurisdiction over the applicant's voter

registration: (i) the application, along with the
applicant's relevant data that can be directly loaded into
the jurisdiction's voter registration system and (ii) a
copy of the applicant's electronic signature and a
certification from the State Board of Elections that the
applicant's driver's license or State identification card
number, driver's license or State identification card date
of issuance, and date of birth and social security
information have been successfully matched.
(i) Upon receipt of the online voter registration
application, the county clerk or board of election
commissioners having jurisdiction over the applicant's voter
registration shall promptly search its voter registration
database to determine whether the applicant is already
registered to vote at the address on the application and
whether the new registration would create a duplicate
registration. If the applicant is already registered to vote at
the address on the application, the clerk or board, as the case
may be, shall send the applicant by first class mail, and
electronic mail if the applicant has provided an electronic
mail address on the original voter registration form for that
address, a disposition notice as otherwise required by law
informing the applicant that he or she is already registered to
vote at such address. If the applicant is not already
registered to vote at the address on the application and the
applicant is otherwise eligible to register to vote, the clerk

or board, as the case may be, shall:
(1) enter the name and address of the applicant on the
list of registered voters in the jurisdiction; and
(2) send by mail, and electronic mail if the applicant
has provided an electronic mail address on the voter
registration form, a disposition notice to the applicant as
otherwise provided by law setting forth the applicant's
name and address as it appears on the application and
stating that the person is registered to vote.
(j) An electronic signature of the person submitting a
duplicate registration application or a change of address form
that is retrieved and imported from the Secretary of State's
driver's license or State identification card database as
provided herein may, in the discretion of the clerk or board,
be substituted for and replace any existing signature for that
individual in the voter registration database of the county
clerk or board of election commissioners.
(k) Any new registration or change of address submitted
electronically as provided in this Section shall become
effective as of the date it is received by the county clerk or
board of election commissioners having jurisdiction over said
registration. Disposition notices prescribed in this Section
shall be sent within 5 business days of receipt of the online
application or change of address by the county clerk or board
of election commissioners.
(l) All provisions of this Code governing voter

registration and applicable thereto and not inconsistent with
this Section shall apply to online voter registration under
this Section. All applications submitted on a website
maintained by the State Board of Elections shall be deemed
timely filed if they are submitted no later than 11:59 p.m. on
the final day for voter registration prior to an election.
After the registration period for an upcoming election has
ended and until the 2nd day following such election, the web
page containing the online voter registration form on the State
Board of Elections website shall inform users of the procedure
for grace period voting.
(m) The State Board of Elections shall maintain a list of
the name, street address, e-mail address, and likely precinct,
ward, township, and district numbers, as the case may be, of
people who apply to vote online through the voter registration
system and those names and that information shall be stored in
an electronic format on its website, arranged by county and
accessible to State and local political committees.
(n) The Illinois State Board of Elections shall submit a
report to the General Assembly and the Governor by January 31,
2014 detailing the progress made to implement the online voter
registration system described in this Section.
(o) The online voter registration system provided for in
this Section shall be fully operational by July 1, 2014.
(Source: P.A. 98-115, eff. 7-29-13; revised 9-4-13.)

(10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
Sec. 4-10. Except as herein provided, no person shall be
registered, unless he applies in person to a registration
officer, answers such relevant questions as may be asked of him
by the registration officer, and executes the affidavit of
registration. The registration officer shall require the
applicant to furnish two forms of identification, and except in
the case of a homeless individual, one of which must include
his or her residence address. These forms of identification
shall include, but not be limited to, any of the following:
driver's license, social security card, public aid
identification card, utility bill, employee or student
identification card, lease or contract for a residence, credit
card, or a civic, union or professional association membership
card. The registration officer shall require a homeless
individual to furnish evidence of his or her use of the mailing
address stated. This use may be demonstrated by a piece of mail
addressed to that individual and received at that address or by
a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant
for registration to read or have read to him the affidavit of
registration before permitting him to execute the affidavit.
One of the registration officers or a deputy registration
officer, county clerk, or clerk in the office of the county
clerk, shall administer to all persons who shall personally
apply to register the following oath or affirmation:

"You do solemnly swear (or affirm) that you will fully and
truly answer all such questions as shall be put to you touching
your name, place of residence, place of birth, your
qualifications as an elector and your right as such to register
and vote under the laws of the State of Illinois."
The registration officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act, the Specialized Mental
Health Rehabilitation Act of 2013, or the ID/DD Community Care
Act, the following question shall be put, "When you entered the
home which is your present address, was it your bona fide
intention to become a resident thereof?" Any voter of a
township, city, village or incorporated town in which such
applicant resides, shall be permitted to be present at the
place of any precinct registration and shall have the right to
challenge any applicant who applies to be registered.
In case the officer is not satisfied that the applicant is
qualified he shall forthwith notify such applicant in writing
to appear before the county clerk to complete his registration.
Upon the card of such applicant shall be written the word
"incomplete" and no such applicant shall be permitted to vote
unless such registration is satisfactorily completed as
hereinafter provided. No registration shall be taken and marked

as incomplete if information to complete it can be furnished on
the date of the original application.
Any person claiming to be an elector in any election
precinct and whose registration card is marked "Incomplete" may
make and sign an application in writing, under oath, to the
county clerk in substance in the following form:
"I do solemnly swear that I, ...., did on (insert date)
make application to the board of registry of the .... precinct
of the township of .... (or to the county clerk of .... county)
and that said board or clerk refused to complete my
registration as a qualified voter in said precinct. That I
reside in said precinct, that I intend to reside in said
precinct, and am a duly qualified voter of said precinct and am
entitled to be registered to vote in said precinct at the next
election.
(Signature of applicant) ............................."
All such applications shall be presented to the county
clerk or to his duly authorized representative by the
applicant, in person between the hours of 9:00 a.m. and 5:00
p.m. on any day after the days on which the 1969 and 1970
precinct re-registrations are held but not on any day within 27
days preceding the ensuing general election and thereafter for
the registration provided in Section 4-7 all such applications
shall be presented to the county clerk or his duly authorized
representative by the applicant in person between the hours of

9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
the ensuing general election. Such application shall be heard
by the county clerk or his duly authorized representative at
the time the application is presented. If the applicant for
registration has registered with the county clerk, such
application may be presented to and heard by the county clerk
or by his duly authorized representative upon the dates
specified above or at any time prior thereto designated by the
county clerk.
Any otherwise qualified person who is absent from his
county of residence either due to business of the United States
or because he is temporarily outside the territorial limits of
the United States may become registered by mailing an
application to the county clerk within the periods of
registration provided for in this Article, or by simultaneous
application for absentee registration and absentee ballot as
provided in Article 20 of this Code.
Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it proper
to require for the identification of the applicant:
Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
Sex.

Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the Section,
congressional township and range number may be used, or such
other information as may be necessary, including post office
mailing address.
Electronic mail address, if the registrant has provided
this information.
Term of residence in the State of Illinois and the
precinct.
Nativity. The State or country in which the applicant was
born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
Age. Date of birth, by month, day and year.
Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of ...........)
)ss
County of ..........)
I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois and in the election

precinct 30 days; that I am fully qualified to vote, that I am
not registered to vote anywhere else in the United States, that
I intend to remain a resident of the State of Illinois and of
the election precinct, that I intend to return to the State of
Illinois, and that the above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).
........................................
Signature of officer administering oath.
Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided for
in Section 4-8 of this Article and shall attach thereto a copy
of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
revised 8-9-13.)
(10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
Sec. 5-9. Except as herein provided, no person shall be
registered unless he applies in person to registration officer,

answers such relevant questions as may be asked of him by the
registration officer, and executes the affidavit of
registration. The registration officer shall require the
applicant to furnish two forms of identification, and except in
the case of a homeless individual, one of which must include
his or her residence address. These forms of identification
shall include, but not be limited to, any of the following:
driver's license, social security card, public aid
identification card, utility bill, employee or student
identification card, lease or contract for a residence, credit
card, or a civic, union or professional association membership
card. The registration officer shall require a homeless
individual to furnish evidence of his or her use of the mailing
address stated. This use may be demonstrated by a piece of mail
addressed to that individual and received at that address or by
a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant
for registration to read or have read to him the affidavit of
registration before permitting him to execute the affidavit.
One of the Deputy Registrars, the Judge of Registration, or
an Officer of Registration, County Clerk, or clerk in the
office of the County Clerk, shall administer to all persons who
shall personally apply to register the following oath or
affirmation:
"You do solemnly swear (or affirm) that you will fully and
truly answer all such questions as shall be put to you touching

your place of residence, name, place of birth, your
qualifications as an elector and your right as such to register
and vote under the laws of the State of Illinois."
The Registration Officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act, the Specialized Mental
Health Rehabilitation Act of 2013, or the ID/DD Community Care
Act, the following question shall be put, "When you entered the
home which is your present address, was it your bona fide
intention to become a resident thereof?" Any voter of a
township, city, village or incorporated town in which such
applicant resides, shall be permitted to be present at the
place of precinct registration, and shall have the right to
challenge any applicant who applies to be registered.
In case the officer is not satisfied that the applicant is
qualified, he shall forthwith in writing notify such applicant
to appear before the County Clerk to furnish further proof of
his qualifications. Upon the card of such applicant shall be
written the word "Incomplete" and no such applicant shall be
permitted to vote unless such registration is satisfactorily
completed as hereinafter provided. No registration shall be
taken and marked as "incomplete" if information to complete it
can be furnished on the date of the original application.

Any person claiming to be an elector in any election
precinct in such township, city, village or incorporated town
and whose registration is marked "Incomplete" may make and sign
an application in writing, under oath, to the County Clerk in
substance in the following form:
"I do solemnly swear that I, .........., did on (insert
date) make application to the Board of Registry of the ........
precinct of ........ ward of the City of .... or of the
......... District ......... Town of .......... (or to the
County Clerk of .............) and ............ County; that
said Board or Clerk refused to complete my registration as a
qualified voter in said precinct, that I reside in said
precinct (or that I intend to reside in said precinct), am a
duly qualified voter and entitled to vote in said precinct at
the next election.
...........................
(Signature of Applicant)"
All such applications shall be presented to the County
Clerk by the applicant, in person between the hours of nine
o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
the third week subsequent to the weeks in which the 1961 and
1962 precinct re-registrations are to be held, and thereafter
for the registration provided in Section 5-17 of this Article,
all such applications shall be presented to the County Clerk by
the applicant in person between the hours of nine o'clock a.m.
and nine o'clock p.m. on Monday and Tuesday of the third week

prior to the date on which such election is to be held.
Any otherwise qualified person who is absent from his
county of residence either due to business of the United States
or because he is temporarily outside the territorial limits of
the United States may become registered by mailing an
application to the county clerk within the periods of
registration provided for in this Article or by simultaneous
application for absentee registration and absentee ballot as
provided in Article 20 of this Code.
Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it proper
to require for the identification of the applicant:
Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the Section,
congressional township and range number may be used, or such
other information as may be necessary, including post office
mailing address.

Electronic mail address, if the registrant has provided
this information.
Term of residence in the State of Illinois and the
precinct.
Nativity. The State or country in which the applicant was
born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
Age. Date of birth, by month, day and year.
Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of .........)
)ss
County of ........)
I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois for 6 months and in the
election precinct 30 days; that I am fully qualified to vote,
that I am not registered to vote anywhere else in the United
States, that I intend to remain a resident of the State of
Illinois and of the election precinct, that I intend to return
to the State of Illinois, and that the above statements are
true.
..............................
(His or her signature or mark)

Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).
........................................
Signature of officer administering oath.
Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided for
in Section 5-7 of this Article and shall attach thereto a copy
of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
revised 8-9-13.)
(10 ILCS 5/10-4) (from Ch. 46, par. 10-4)
Sec. 10-4. Form of petition for nomination. All petitions
for nomination under this Article 10 for candidates for public
office in this State, shall in addition to other requirements
provided by law, be as follows: Such petitions shall consist of
sheets of uniform size and each sheet shall contain, above the
space for signature, an appropriate heading, giving the
information as to name of candidate or candidates in whose
behalf such petition is signed; the office; the party; place of

residence; and such other information or wording as required to
make same valid, and the heading of each sheet shall be the
same. Such petition shall be signed by the qualified voters in
their own proper persons only, and opposite the signature of
each signer his residence address shall be written or printed.
The residence address required to be written or printed
opposite each qualified primary elector's name shall include
the street address or rural route number of the signer, as the
case may be, as well as the signer's county, and city, village
or town, and state. However, the county or city, village or
town, and state of residence of such electors may be printed on
the petition forms where all of the such electors signing the
petition reside in the same county or city, village or town,
and state. Standard abbreviations may be used in writing the
residence address, including street number, if any. No
signature shall be valid or be counted in considering the
validity or sufficiency of such petition unless the
requirements of this Section are complied with. At the bottom
of each sheet of such petition shall be added a circulator's
statement, signed by a person 18 years of age or older who is a
citizen of the United States; stating the street address or
rural route number, as the case may be, as well as the county,
city, village or town, and state; certifying that the
signatures on that sheet of the petition were signed in his or
her presence; certifying that the signatures are genuine; and
either (1) indicating the dates on which that sheet was

circulated, or (2) indicating the first and last dates on which
the sheet was circulated, or (3) certifying that none of the
signatures on the sheet were signed more than 90 days preceding
the last day for the filing of the petition; and certifying
that to the best of his knowledge and belief the persons so
signing were at the time of signing the petition duly
registered voters under Articles 4, 5 or 6 of the Code of the
political subdivision or district for which the candidate or
candidates shall be nominated, and certifying that their
respective residences are correctly stated therein. Such
statement shall be sworn to before some officer authorized to
administer oaths in this State. No petition sheet shall be
circulated more than 90 days preceding the last day provided in
Section 10-6 for the filing of such petition. Such sheets,
before being presented to the electoral board or filed with the
proper officer of the electoral district or division of the
state or municipality, as the case may be, shall be neatly
fastened together in book form, by placing the sheets in a pile
and fastening them together at one edge in a secure and
suitable manner, and the sheets shall then be numbered
consecutively. The sheets shall not be fastened by pasting them
together end to end, so as to form a continuous strip or roll.
All petition sheets which are filed with the proper local
election officials, election authorities or the State Board of
Elections shall be the original sheets which have been signed
by the voters and by the circulator, and not photocopies or

duplicates of such sheets. A petition, when presented or filed,
shall not be withdrawn, altered, or added to, and no signature
shall be revoked except by revocation in writing presented or
filed with the officers or officer with whom the petition is
required to be presented or filed, and before the presentment
or filing of such petition. Whoever forges any name of a signer
upon any petition shall be deemed guilty of a forgery, and on
conviction thereof, shall be punished accordingly. The word
"petition" or "petition for nomination", as used herein, shall
mean what is sometimes known as nomination papers, in
distinction to what is known as a certificate of nomination.
The words "political division for which the candidate is
nominated", or its equivalent, shall mean the largest political
division in which all qualified voters may vote upon such
candidate or candidates, as the state in the case of state
officers; the township in the case of township officers et
cetera. Provided, further, that no person shall circulate or
certify petitions for candidates of more than one political
party, or for an independent candidate or candidates in
addition to one political party, to be voted upon at the next
primary or general election, or for such candidates and parties
with respect to the same political subdivision at the next
consolidated election.
(Source: P.A. 91-57, eff. 6-30-99; 92-129, eff. 7-20-01;
revised 9-4-13.)

(10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
Sec. 19-4. Mailing or delivery of ballots; time. ballots -
Time.) Immediately upon the receipt of such application either
by mail or electronic means, not more than 40 days nor less
than 5 days prior to such election, or by personal delivery not
more than 40 days nor less than one day prior to such election,
at the office of such election authority, it shall be the duty
of such election authority to examine the records to ascertain
whether or not such applicant is lawfully entitled to vote as
requested, including a verification of the applicant's
signature by comparison with the signature on the official
registration record card, and if found so to be entitled to
vote, to post within one business day thereafter the name,
street address, ward and precinct number or township and
district number, as the case may be, of such applicant given on
a list, the pages of which are to be numbered consecutively to
be kept by such election authority for such purpose in a
conspicuous, open and public place accessible to the public at
the entrance of the office of such election authority, and in
such a manner that such list may be viewed without necessity of
requesting permission therefor. Within one day after posting
the name and other information of an applicant for an absentee
ballot, the election authority shall transmit by electronic
means pursuant to a process established by the State Board of
Elections that name and other posted information to the State
Board of Elections, which shall maintain those names and other

information in an electronic format on its website, arranged by
county and accessible to State and local political committees.
Within 2 business days after posting a name and other
information on the list within its office, the election
authority shall mail, postage prepaid, or deliver in person in
such office an official ballot or ballots if more than one are
to be voted at said election. Mail delivery of Temporarily
Absent Student ballot applications pursuant to Section 19-12.3
shall be by nonforwardable mail. However, for the consolidated
election, absentee ballots for certain precincts may be
delivered to applicants not less than 25 days before the
election if so much time is required to have prepared and
printed the ballots containing the names of persons nominated
for offices at the consolidated primary. The election authority
shall enclose with each absentee ballot or application written
instructions on how voting assistance shall be provided
pursuant to Section 17-14 and a document, written and approved
by the State Board of Elections, enumerating the circumstances
under which a person is authorized to vote by absentee ballot
pursuant to this Article; such document shall also include a
statement informing the applicant that if he or she falsifies
or is solicited by another to falsify his or her eligibility to
cast an absentee ballot, such applicant or other is subject to
penalties pursuant to Section 29-10 and Section 29-20 of the
Election Code. Each election authority shall maintain a list of
the name, street address, ward and precinct, or township and

district number, as the case may be, of all applicants who have
returned absentee ballots to such authority, and the name of
such absent voter shall be added to such list within one
business day from receipt of such ballot. If the absentee
ballot envelope indicates that the voter was assisted in
casting the ballot, the name of the person so assisting shall
be included on the list. The list, the pages of which are to be
numbered consecutively, shall be kept by each election
authority in a conspicuous, open, and public place accessible
to the public at the entrance of the office of the election
authority and in a manner that the list may be viewed without
necessity of requesting permission for viewing.
Each election authority shall maintain a list for each
election of the voters to whom it has issued absentee ballots.
The list shall be maintained for each precinct within the
jurisdiction of the election authority. Prior to the opening of
the polls on election day, the election authority shall deliver
to the judges of election in each precinct the list of
registered voters in that precinct to whom absentee ballots
have been issued by mail.
Each election authority shall maintain a list for each
election of voters to whom it has issued temporarily absent
student ballots. The list shall be maintained for each election
jurisdiction within which such voters temporarily abide.
Immediately after the close of the period during which
application may be made by mail or electronic means for

absentee ballots, each election authority shall mail to each
other election authority within the State a certified list of
all such voters temporarily abiding within the jurisdiction of
the other election authority.
In the event that the return address of an application for
ballot by a physically incapacitated elector is that of a
facility licensed or certified under the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, within the jurisdiction of the
election authority, and the applicant is a registered voter in
the precinct in which such facility is located, the ballots
shall be prepared and transmitted to a responsible judge of
election no later than 9 a.m. on the Saturday, Sunday or Monday
immediately preceding the election as designated by the
election authority under Section 19-12.2. Such judge shall
deliver in person on the designated day the ballot to the
applicant on the premises of the facility from which
application was made. The election authority shall by mail
notify the applicant in such facility that the ballot will be
delivered by a judge of election on the designated day.
All applications for absentee ballots shall be available at
the office of the election authority for public inspection upon
request from the time of receipt thereof by the election
authority until 30 days after the election, except during the
time such applications are kept in the office of the election
authority pursuant to Section 19-7, and except during the time

such applications are in the possession of the judges of
election.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 7-29-13;
revised 8-9-13.)
(10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)
Sec. 24A-15.1. Except as herein provided, discovery
recounts and election contests shall be conducted as otherwise
provided for in "The Election Code", as amended. The automatic
tabulating equipment shall be tested prior to the discovery
recount or election contest as provided in Section 24A-9, and
then the official ballots or ballot cards shall be recounted on
the automatic tabulating equipment. In addition, (1) the ballot
or ballot cards shall be checked for the presence or absence of
judges' initials and other distinguishing marks, and (2) the
ballots marked "Rejected", "Defective", Objected to",
"Absentee Ballot", and "Early Ballot" shall be examined to
determine the propriety of the such labels, and (3) the
"Duplicate Absentee Ballots", "Duplicate Early Ballots",
"Duplicate Overvoted Ballots" and "Duplicate Damaged Ballots"
shall be compared with their respective originals to determine
the correctness of the duplicates.
Any person who has filed a petition for discovery recount
may request that a redundant count be conducted in those
precincts in which the discovery recount is being conducted.

The additional costs of such a redundant count shall be borne
by the requesting party.
The log of the computer operator and all materials retained
by the election authority in relation to vote tabulation and
canvass shall be made available for any discovery recount or
election contest.
(Source: P.A. 94-645, eff. 8-22-05; revised 9-4-13.)
(10 ILCS 5/24A-16) (from Ch. 46, par. 24A-16)
Sec. 24A-16. The State Board of Elections shall approve all
voting systems provided by this Article.
No voting system shall be approved unless it fulfills the
following requirements:
(1) It enables a voter to vote in absolute secrecy;
(2) (Blank);
(3) It enables a voter to vote a ticket selected in
part from the nominees of one party, and in part from the
nominees of any or all parties, and in part from
independent candidates and in part of candidates whose
names are written in by the voter;
(4) It enables a voter to vote a written or printed
ticket of his own selection for any person for any office
for whom he may desire to vote;
(5) It will reject all votes for an office or upon a
proposition when the voter has cast more votes for such
office or upon such proposition than he is entitled to

cast;
(5.5) It will identify when a voter has not voted for
all statewide constitutional offices;
(6) It will accommodate all propositions to be
submitted to the voters in the form provided by law or,
where no such form is provided, then in brief form, not to
exceed 75 words; .
(7) It will accommodate the tabulation programming
requirements of Sections 24A-6.2, 24B-6.2, and 24C-6.2.
The State Board of Elections shall not approve any voting
equipment or system that includes an external Infrared Data
Association (IrDA) communications port.
The State Board of Elections is authorized to withdraw its
approval of a voting system if the system fails to fulfill the
above requirements.
The vendor, person, or other private entity shall be solely
responsible for the production and cost of: all application
fees; all ballots; additional temporary workers; and other
equipment or facilities needed and used in the testing of the
vendor's, person's, or other private entity's respective
equipment and software.
Any voting system vendor, person, or other private entity
seeking the State Board of Elections' approval of a voting
system shall, as part of the approval application, submit to
the State Board a non-refundable fee. The State Board of
Elections by rule shall establish an appropriate fee structure,

taking into account the type of voting system approval that is
requested (such as approval of a new system, a modification of
an existing system, the size of the modification, etc.). No
voting system or modification of a voting system shall be
approved unless the fee is paid.
No vendor, person, or other entity may sell, lease, or
loan, or have a written contract, including a contract
contingent upon State Board approval of the voting system or
voting system component, to sell, lease, or loan, a voting
system or voting system component to any election jurisdiction
unless the voting system or voting system component is first
approved by the State Board of Elections pursuant to this
Section.
(Source: P.A. 98-115, eff. 7-29-13; revised 9-4-13.)
(10 ILCS 5/28-3) (from Ch. 46, par. 28-3)
Sec. 28-3. Form of petition for public question. Petitions
for the submission of public questions shall consist of sheets
of uniform size and each sheet shall contain, above the space
for signature, an appropriate heading, giving the information
as to the question of public policy to be submitted, and
specifying the state at large or the political subdivision or
district or precinct or combination of precincts or other
territory in which it is to be submitted and, where by law the
public question must be submitted at a particular election, the
election at which it is to be submitted. In the case of a

petition for the submission of a public question described in
subsection (b) of Section 28-6, the heading shall also specify
the regular election at which the question is to be submitted
and include the precincts included in the territory concerning
which the public question is to be submitted, as well as a
common description of such territory in plain and nonlegal
language, such description to describe the territory by
reference to streets, natural or artificial landmarks,
addresses or any other method which would enable a voter
signing the petition to be informed of the territory concerning
which the question is to be submitted. The heading of each
sheet shall be the same. Such petition shall be signed by the
registered voters of the political subdivision or district or
precinct or combination of precincts in which the question of
public policy is to be submitted in their own proper persons
only, and opposite the signature of each signer his residence
address shall be written or printed, which residence address
shall include the street address or rural route number of the
signer, as the case may be, as well as the signer's county, and
city, village or town, and state; provided that the county or
city, village or town, and state of residence of such electors
may be printed on the petition forms where all of the such
electors signing the petition reside in the same county or
city, village or town, and state. Standard abbreviations may be
used in writing the residence address, including street number,
if any. No signature shall be valid or be counted in

considering the validity or sufficiency of such petition unless
the requirements of this Section are complied with.
At the bottom of each sheet of such petition shall be added
a circulator's statement, signed by a person 18 years of age or
older who is a citizen of the United States, stating the street
address or rural route number, as the case may be, as well as
the county, city, village or town, and state; certifying that
the signatures on that sheet of the petition were signed in his
or her presence and are genuine, and that to the best of his or
her knowledge and belief the persons so signing were at the
time of signing the petition registered voters of the political
subdivision or district or precinct or combination of precincts
in which the question of public policy is to be submitted and
that their respective residences are correctly stated therein.
Such statement shall be sworn to before some officer authorized
to administer oaths in this State.
Such sheets, before being filed with the proper officer or
board shall be bound securely and numbered consecutively. The
sheets shall not be fastened by pasting them together end to
end, so as to form a continuous strip or roll. All petition
sheets which are filed with the proper local election
officials, election authorities or the State Board of Elections
shall be the original sheets which have been signed by the
voters and by the circulator, and not photocopies or duplicates
of such sheets. A petition, when presented or filed, shall not
be withdrawn, altered, or added to, and no signature shall be

revoked except by revocation in writing presented or filed with
the board or officer with whom the petition is required to be
presented or filed, and before the presentment or filing of
such petition, except as may otherwise be provided in another
statute which authorize the public question. Whoever forges any
name of a signer upon any petition shall be deemed guilty of a
forgery, and on conviction thereof, shall be punished
accordingly.
In addition to the foregoing requirements, a petition
proposing an amendment to Article IV of the Constitution
pursuant to Section 3 of Article XIV of the Constitution or a
petition proposing a question of public policy to be submitted
to the voters of the entire State shall be in conformity with
the requirements of Section 28-9 of this Article.
If multiple sets of petitions for submission of the same
public questions are filed, the State Board of Elections,
appropriate election authority or local election official
where the petitions are filed shall within 2 business days
notify the proponent of his or her multiple petition filings
and that proponent has 3 business days after receipt of the
notice to notify the State Board of Elections, appropriate
election authority or local election official that he or she
may cancel prior sets of petitions. If the proponent notifies
the State Board of Elections, appropriate election authority or
local election official, the last set of petitions filed shall
be the only petitions to be considered valid by the State Board

of Elections, appropriate election authority or local election
official. If the proponent fails to notify the State Board of
Elections, appropriate election authority or local election
official then only the first set of petitions filed shall be
valid and all subsequent petitions shall be void.
(Source: P.A. 91-57, eff. 6-30-99; 92-129, eff. 7-20-01;
revised 9-12-13.)
Section 40. The Executive Reorganization Implementation
Act is amended by changing Section 5 as follows:
(15 ILCS 15/5) (from Ch. 127, par. 1805)
Sec. 5. An executive order of the Governor proposing
reorganization may not provide for, and a reorganization under
this Act may not have the effect of:
(a) continuing Continuing any function beyond the period
authorized by law for its exercise, or beyond the time when it
would have terminated if the reorganization had not been made;
(b) authorizing Authorizing any agency to exercise any
function which is not expressly authorized by law to be
exercised by an agency in the executive branch when the
executive order is transmitted to the General Assembly;
(c) increasing Increasing the term of any office beyond
that provided by law for the office; or
(d) eliminating any qualifications of or procedures for
selecting or appointing any agency or department head or

commission or board member; or
(e) abolishing Abolishing any agency created by the
Illinois Constitution, or transferring to any other agency any
function conferred by the Illinois Constitution on an agency
created by that Constitution.
(Source: P.A. 81-984; revised 9-4-13.)
Section 45. The Illinois Identification Card Act is amended
by changing Section 4 as follows:
(15 ILCS 335/4) (from Ch. 124, par. 24)
Sec. 4. Identification Card.
(a) The Secretary of State shall issue a standard Illinois
Identification Card to any natural person who is a resident of
the State of Illinois who applies for such card, or renewal
thereof, or who applies for a standard Illinois Identification
Card upon release as a committed person on parole, mandatory
supervised release, aftercare release, final discharge, or
pardon from the Department of Corrections or Department of
Juvenile Justice by submitting an identification card issued by
the Department of Corrections or Department of Juvenile Justice
under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of
Corrections, together with the prescribed fees. No
identification card shall be issued to any person who holds a
valid foreign state identification card, license, or permit
unless the person first surrenders to the Secretary of State

the valid foreign state identification card, license, or
permit. The card shall be prepared and supplied by the
Secretary of State and shall include a photograph and signature
or mark of the applicant. However, the Secretary of State may
provide by rule for the issuance of Illinois Identification
Cards without photographs if the applicant has a bona fide
religious objection to being photographed or to the display of
his or her photograph. The Illinois Identification Card may be
used for identification purposes in any lawful situation only
by the person to whom it was issued. As used in this Act,
"photograph" means any color photograph or digitally produced
and captured image of an applicant for an identification card.
As used in this Act, "signature" means the name of a person as
written by that person and captured in a manner acceptable to
the Secretary of State.
(a-5) If an applicant for an identification card has a
current driver's license or instruction permit issued by the
Secretary of State, the Secretary may require the applicant to
utilize the same residence address and name on the
identification card, driver's license, and instruction permit
records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
(a-10) If the applicant is a judicial officer as defined in
Section 1-10 of the Judicial Privacy Act or a peace officer,
the applicant may elect to have his or her office or work
address listed on the card instead of the applicant's residence

or mailing address. The Secretary may promulgate rules to
implement this provision. For the purposes of this subsection
(a-10), "peace officer" means any person who by virtue of his
or her office or public employment is vested by law with a duty
to maintain public order or to make arrests for a violation of
any penal statute of this State, whether that duty extends to
all violations or is limited to specific violations.
(b) The Secretary of State shall issue a special Illinois
Identification Card, which shall be known as an Illinois Person
with a Disability Identification Card, to any natural person
who is a resident of the State of Illinois, who is a person
with a disability as defined in Section 4A of this Act, who
applies for such card, or renewal thereof. No Illinois Person
with a Disability Identification Card shall be issued to any
person who holds a valid foreign state identification card,
license, or permit unless the person first surrenders to the
Secretary of State the valid foreign state identification card,
license, or permit. The Secretary of State shall charge no fee
to issue such card. The card shall be prepared and supplied by
the Secretary of State, and shall include a photograph and
signature or mark of the applicant, a designation indicating
that the card is an Illinois Person with a Disability
Identification Card, and shall include a comprehensible
designation of the type and classification of the applicant's
disability as set out in Section 4A of this Act. However, the
Secretary of State may provide by rule for the issuance of

Illinois Person with a Disability Identification Cards without
photographs if the applicant has a bona fide religious
objection to being photographed or to the display of his or her
photograph. If the applicant so requests, the card shall
include a description of the applicant's disability and any
information about the applicant's disability or medical
history which the Secretary determines would be helpful to the
applicant in securing emergency medical care. If a mark is used
in lieu of a signature, such mark shall be affixed to the card
in the presence of two witnesses who attest to the authenticity
of the mark. The Illinois Person with a Disability
Identification Card may be used for identification purposes in
any lawful situation by the person to whom it was issued.
The Illinois Person with a Disability Identification Card
may be used as adequate documentation of disability in lieu of
a physician's determination of disability, a determination of
disability from a physician assistant who has been delegated
the authority to make this determination by his or her
supervising physician, a determination of disability from an
advanced practice nurse who has a written collaborative
agreement with a collaborating physician that authorizes the
advanced practice nurse to make this determination, or any
other documentation of disability whenever any State law
requires that a disabled person provide such documentation of
disability, however an Illinois Person with a Disability
Identification Card shall not qualify the cardholder to

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

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

word "veteran" shall be placed. The veteran designation shall
be available to a person identified as a veteran under
subsection (b) of Section 5 of this Act who was discharged or
separated under honorable conditions.
(d) The Secretary of State may issue a Senior Citizen
discount card, to any natural person who is a resident of the
State of Illinois who is 60 years of age or older and who
applies for such a card or renewal thereof. The Secretary of
State shall charge no fee to issue such card. The card shall be
issued in every county and applications shall be made available
at, but not limited to, nutrition sites, senior citizen centers
and Area Agencies on Aging. The applicant, upon receipt of such
card and prior to its use for any purpose, shall have affixed
thereon in the space provided therefor his signature or mark.
(e) The Secretary of State, in his or her discretion, may
designate on each Illinois Identification Card or Illinois
Person with a Disability Identification Card a space where the
card holder may place a sticker or decal, issued by the
Secretary of State, of uniform size as the Secretary may
specify, that shall indicate in appropriate language that the
card holder has renewed his or her Illinois Identification Card
or Illinois Person with a Disability Identification Card.
(Source: P.A. 97-371, eff. 1-1-12; 97-739, eff. 1-1-13; 97-847,
eff. 1-1-13; 97-1064, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463,
eff. 8-16-13; 98-558, eff. 1-1-14; revised 9-4-13.)

Section 50. The State Comptroller Act is amended by
changing Sections 10 and 10.10 as follows:
(15 ILCS 405/10) (from Ch. 15, par. 210)
Sec. 10. Warrants; procedure Warrants- Procedure. The
powers and duties of the Comptroller comptroller as respects
warrants are set out in the Sections following this Section and
preceding Section 11 Sections 10.01 through 10.15.
(Source: P.A. 77-2807; revised 9-4-13.)
(15 ILCS 405/10.10) (from Ch. 15, par. 210.10)
Sec. 10.10. (a) If any Comptroller's warrant is lost,
mislaid or destroyed, or becomes void after issuance, so that
it cannot be presented for payment by the person entitled
thereto, the Comptroller, at any time before that warrant is
paid by the State Treasurer, but within 5 years of the date of
issuance, may issue a replacement warrant to the person
entitled thereto. If the original warrant was not cancelled or
did not become void, the Comptroller, before issuing the
replacement warrant, shall issue a stop payment order on the
State Treasurer and receive a confirmation of the stop payment
order on the original warrant from the State Treasurer.
(b) Only the person entitled to the original warrant, or
his heirs or legal representatives, or a third party to whom it
was properly negotiated or the heirs or legal representatives
of such party, may request a replacement warrant. In the case

of a warrant issued to a payee who dies before the warrant is
paid by the State Treasurer and whose estate has been probated
pursuant to law, the Comptroller, upon receipt of a certified
copy of a judicial order establishing the person or entity
entitled to payment, may issue a replacement warrant to such
person or entity.
(c) Within 12 months from the date of issuance of the
original warrant, if the original warrant has not been canceled
for redeposit, the Comptroller may issue a replacement warrant
on the original voucher drawing upon the same fund and charging
the same appropriation or other expenditure authorization as
the original warrant.
(d) Within 12 months from the date of issuance of the
original warrant, if the original warrant has been canceled for
redeposit, and if the issuance of the replacement warrant would
not over-obligate the appropriation or other expenditure
authority against which it is drawn, the Comptroller may issue
the replacement warrant. If the original warrant was issued
against an appropriation or other expenditure authority which
has lapsed, the replacement warrant shall be drawn on the
Warrant Escheat Fund. If the appropriation or other
obligational authority against which the replacement warrant
is drawn has not lapsed, the Comptroller shall notify the
originating agency of the request for a replacement warrant and
shall receive a replacement voucher from that agency before
drawing the replacement warrant, which shall be drawn on the

same fund and charged to the same appropriation or other
expenditure authority as the original warrant.
(e) Within 12 months from the date of issuance of the
original warrant, if the original warrant has been canceled for
redeposit, the Comptroller may not issue a replacement warrant
where such issuance would over-obligate the appropriation or
other expenditure authority against which the original warrant
was drawn. Whenever the Comptroller is presented with a request
for a replacement warrant which may not be issued under the
limitation of this subsection, if the appropriation or other
expenditure authority against which the original warrant was
drawn has not lapsed, the Comptroller shall immediately inform
the originating agency of the request and that the request may
not be honored because of the resulting over-obligation, and
shall request the agency to determine whether or not that
agency will take some corrective action before the applicable
expenditure authorization lapses. The originating agency shall
respond to the Comptroller's inquiry within 5 business days.
(f) After 12 months from the date of issuance of the
original warrant, if the original warrant has not been
cancelled for redeposit, the Comptroller shall issue the
replacement warrant on the Warrant Escheat Fund.
(f-5) After 5 years from the date of issuance of the
original warrant but no later than 10 years after that date,
the Comptroller may issue a replacement warrant on the Warrant
Escheat Fund to a person or entity entitled thereto, as those

persons and entities are described in subsection (b) of this
Section, if the following requirements are met:
(1) the person or entity verifies that the person or
entity is they are entitled to the original warrant;
(2) in the case of a warrant that is not presented by
the requestor, the paying agency certifies that the
original payee is still entitled to the payment; and
(3) the Comptroller's records are available and
confirm that the warrant was not replaced.
(g) Except as provided in this Section, requests for
replacement warrants for more than $500 shall show entitlement
to such warrant by including an affidavit, in writing, sworn
before a person authorized to administer oaths and
affirmations, stating the loss or destruction of the warrant,
or the fact that the warrant is void. However, when the written
request for a replacement warrant submitted by the person to
whom the original warrant was issued is accompanied by the
original warrant, no affidavit is required. Requests for
replacement warrants for $500 or less shall show entitlement to
such warrant by submitting a written statement of the loss or
destruction of the warrant, or the fact that the warrant is
void on an application form prescribed by the Comptroller. If
the person requesting the replacement is in possession of the
original warrant, or any part thereof, the original warrant or
the part thereof must accompany the request for replacement.
The Comptroller shall then draw such replacement warrant, and

the treasurer shall pay the replacement warrant. If at the time
of a loss or destruction a warrant was negotiated to a third
party, however (which fact shall be ascertained by the oath of
the party making the application, or otherwise), before the
replacement warrant is drawn by the Comptroller, the person
requesting the replacement warrant must give the Comptroller a
bond or bonds with sufficient sureties, to be approved by the
Comptroller, when required by regulation of the Comptroller,
payable to the People of the State of Illinois, for the
refunding of the amount, together with all costs and charges,
should the State afterwards be compelled to pay the original
warrant.
(Source: P.A. 98-411, eff. 8-16-13; revised 11-14-13.)
Section 55. The Illinois Act on the Aging is amended by
changing Section 4.01 as follows:
(20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
Sec. 4.01. Additional powers and duties of the Department.
In addition to powers and duties otherwise provided by law, the
Department shall have the following powers and duties:
(1) To evaluate all programs, services, and facilities for
the aged and for minority senior citizens within the State and
determine the extent to which present public or private
programs, services and facilities meet the needs of the aged.
(2) To coordinate and evaluate all programs, services, and

facilities for the Aging and for minority senior citizens
presently furnished by State agencies and make appropriate
recommendations regarding such services, programs and
facilities to the Governor and/or the General Assembly.
(2-a) To request, receive, and share information
electronically through the use of data-sharing agreements for
the purpose of (i) establishing and verifying the initial and
continuing eligibility of older adults to participate in
programs administered by the Department; (ii) maximizing
federal financial participation in State assistance
expenditures; and (iii) investigating allegations of fraud or
other abuse of publicly funded benefits. Notwithstanding any
other law to the contrary, but only for the limited purposes
identified in the preceding sentence, this paragraph (2-a)
expressly authorizes the exchanges of income, identification,
and other pertinent eligibility information by and among the
Department and the Social Security Administration, the
Department of Employment Security, the Department of
Healthcare and Family Services, the Department of Human
Services, the Department of Revenue, the Secretary of State,
the U.S. Department of Veterans Affairs, and any other
governmental entity. The confidentiality of information
otherwise shall be maintained as required by law. In addition,
the Department on Aging shall verify employment information at
the request of a community care provider for the purpose of
ensuring program integrity under the Community Care Program.

(3) To function as the sole State agency to develop a
comprehensive plan to meet the needs of the State's senior
citizens and the State's minority senior citizens.
(4) To receive and disburse State and federal funds made
available directly to the Department including those funds made
available under the Older Americans Act and the Senior
Community Service Employment Program for providing services
for senior citizens and minority senior citizens or for
purposes related thereto, and shall develop and administer any
State Plan for the Aging required by federal law.
(5) To solicit, accept, hold, and administer in behalf of
the State any grants or legacies of money, securities, or
property to the State of Illinois for services to senior
citizens and minority senior citizens or purposes related
thereto.
(6) To provide consultation and assistance to communities,
area agencies on aging, and groups developing local services
for senior citizens and minority senior citizens.
(7) To promote community education regarding the problems
of senior citizens and minority senior citizens through
institutes, publications, radio, television and the local
press.
(8) To cooperate with agencies of the federal government in
studies and conferences designed to examine the needs of senior
citizens and minority senior citizens and to prepare programs
and facilities to meet those needs.

(9) To establish and maintain information and referral
sources throughout the State when not provided by other
agencies.
(10) To provide the staff support that may reasonably be
required by the Council.
(11) To make and enforce rules and regulations necessary
and proper to the performance of its duties.
(12) To establish and fund programs or projects or
experimental facilities that are specially designed as
alternatives to institutional care.
(13) To develop a training program to train the counselors
presently employed by the Department's aging network to provide
Medicare beneficiaries with counseling and advocacy in
Medicare, private health insurance, and related health care
coverage plans. The Department shall report to the General
Assembly on the implementation of the training program on or
before December 1, 1986.
(14) To make a grant to an institution of higher learning
to study the feasibility of establishing and implementing an
affirmative action employment plan for the recruitment,
hiring, training and retraining of persons 60 or more years old
for jobs for which their employment would not be precluded by
law.
(15) To present one award annually in each of the
categories of community service, education, the performance
and graphic arts, and the labor force to outstanding Illinois

senior citizens and minority senior citizens in recognition of
their individual contributions to either community service,
education, the performance and graphic arts, or the labor
force. The awards shall be presented to 4 senior citizens and
minority senior citizens selected from a list of 44 nominees
compiled annually by the Department. Nominations shall be
solicited from senior citizens' service providers, area
agencies on aging, senior citizens' centers, and senior
citizens' organizations. The Department shall establish a
central location within the State to be designated as the
Senior Illinoisans Hall of Fame for the public display of all
the annual awards, or replicas thereof.
(16) To establish multipurpose senior centers through area
agencies on aging and to fund those new and existing
multipurpose senior centers through area agencies on aging, the
establishment and funding to begin in such areas of the State
as the Department shall designate by rule and as specifically
appropriated funds become available.
(17) To develop the content and format of the
acknowledgment regarding non-recourse reverse mortgage loans
under Section 6.1 of the Illinois Banking Act; to provide
independent consumer information on reverse mortgages and
alternatives; and to refer consumers to independent counseling
services with expertise in reverse mortgages.
(18) To develop a pamphlet in English and Spanish which may
be used by physicians licensed to practice medicine in all of

its branches pursuant to the Medical Practice Act of 1987,
pharmacists licensed pursuant to the Pharmacy Practice Act, and
Illinois residents 65 years of age or older for the purpose of
assisting physicians, pharmacists, and patients in monitoring
prescriptions provided by various physicians and to aid persons
65 years of age or older in complying with directions for
proper use of pharmaceutical prescriptions. The pamphlet may
provide space for recording information including but not
limited to the following:
(a) name and telephone number of the patient;
(b) name and telephone number of the prescribing
physician;
(c) date of prescription;
(d) name of drug prescribed;
(e) directions for patient compliance; and
(f) name and telephone number of dispensing pharmacy.
In developing the pamphlet, the Department shall consult
with the Illinois State Medical Society, the Center for
Minority Health Services, the Illinois Pharmacists Association
and senior citizens organizations. The Department shall
distribute the pamphlets to physicians, pharmacists and
persons 65 years of age or older or various senior citizen
organizations throughout the State.
(19) To conduct a study of the feasibility of implementing
the Senior Companion Program throughout the State.
(20) The reimbursement rates paid through the community

care program for chore housekeeping services and home care
aides shall be the same.
(21) From funds appropriated to the Department from the
Meals on Wheels Fund, a special fund in the State treasury that
is hereby created, and in accordance with State and federal
guidelines and the intrastate funding formula, to make grants
to area agencies on aging, designated by the Department, for
the sole purpose of delivering meals to homebound persons 60
years of age and older.
(22) To distribute, through its area agencies on aging,
information alerting seniors on safety issues regarding
emergency weather conditions, including extreme heat and cold,
flooding, tornadoes, electrical storms, and other severe storm
weather. The information shall include all necessary
instructions for safety and all emergency telephone numbers of
organizations that will provide additional information and
assistance.
(23) To develop guidelines for the organization and
implementation of Volunteer Services Credit Programs to be
administered by Area Agencies on Aging or community based
senior service organizations. The Department shall hold public
hearings on the proposed guidelines for public comment,
suggestion, and determination of public interest. The
guidelines shall be based on the findings of other states and
of community organizations in Illinois that are currently
operating volunteer services credit programs or demonstration

volunteer services credit programs. The Department shall offer
guidelines for all aspects of the programs including, but not
limited to, the following:
(a) types of services to be offered by volunteers;
(b) types of services to be received upon the
redemption of service credits;
(c) issues of liability for the volunteers and the
administering organizations;
(d) methods of tracking service credits earned and
service credits redeemed;
(e) issues of time limits for redemption of service
credits;
(f) methods of recruitment of volunteers;
(g) utilization of community volunteers, community
service groups, and other resources for delivering
services to be received by service credit program clients;
(h) accountability and assurance that services will be
available to individuals who have earned service credits;
and
(i) volunteer screening and qualifications.
The Department shall submit a written copy of the guidelines to
the General Assembly by July 1, 1998.
(24) To function as the sole State agency to receive and
disburse State and federal funds for providing adult protective
services in a domestic living situation in accordance with the
Adult Protective Services Act.

(25) (24) To hold conferences, trainings, and other
programs for which the Department shall determine by rule a
reasonable fee to cover related administrative costs. Rules to
implement the fee authority granted by this paragraph (25) (24)
must be 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. 98-8, eff. 5-3-13; 98-49, eff. 7-1-13; 98-380,
eff. 8-16-13; revised 9-4-13.)
Section 60. The Department of Central Management Services
Law of the Civil Administrative Code of Illinois is amended by
changing Sections 405-120 and 405-335 as follows:
(20 ILCS 405/405-120) (was 20 ILCS 405/67.29)
Sec. 405-120. Hispanic, Asian-American, and bilingual
employees. The Department shall develop and implement plans to
increase the number of Hispanics employed by State government
and the number of bilingual persons employed in State
government at supervisory, technical, professional, and
managerial levels.
The Department shall prepare and revise annually a State
Hispanic Employment Plan and a State Asian-American Employment
Plan in consultation with individuals and organizations

informed on these subjects, including the Hispanic Employment
Plan Advisory Council and the Asian-American Employment Plan
Advisory Council. The Department shall report to the General
Assembly by February 1 of each year each State agency's
activities in implementing the State Hispanic Employment Plan
and the State Asian-American Employment Plan.
(Source: P.A. 97-856, eff. 7-27-12; 98-329, eff. 1-1-14;
revised 10-8-13.)
(20 ILCS 405/405-335)
Sec. 405-335. Illinois Transparency and Accountability
Portal (ITAP).
(a) The Department, within 12 months after the effective
date of this amendatory Act of the 96th General Assembly, shall
establish and maintain a website, known as the Illinois
Transparency and Accountability Portal (ITAP), with a
full-time webmaster tasked with compiling and updating the ITAP
database with information received from all State agencies as
defined in this Section. Subject to appropriation, the
full-time webmaster must also compile and update the ITAP
database with information received from all counties,
townships, library districts, and municipalities.
(b) For purposes of this Section:
"State agency" means the offices of the constitutional
officers identified in Article V of the Illinois Constitution,
executive agencies, and departments, boards, commissions, and

Authorities under the Governor.
"Contracts" means payment obligations with vendors on file
with the Office of the Comptroller to purchase goods and
services exceeding $10,000 in value (or, in the case of
professional or artistic services, exceeding $5,000 in value).
"Appropriation" means line-item detail of spending
approved by the General Assembly and Governor, categorized by
object of expenditure.
"Individual consultants" means temporary workers eligible
to receive State benefits paid on a State payroll.
"Recipients" means State agencies receiving
appropriations.
(c) The ITAP shall provide direct access to each of the
following:
(1) A database of all current State employees and
individual consultants, except sworn law enforcement
officers, sorted separately by:
(i) Name.
(ii) Employing State agency.
(iii) Employing State division.
(iv) Employment position title.
(v) Current pay rate and year-to-date pay.
(2) A database of all current State expenditures,
sorted separately by agency, category, recipient, and
Representative District.
(3) A database of all development assistance

reportable pursuant to the Corporate Accountability for
Tax Expenditures Act, sorted separately by tax credit
category, taxpayer, and Representative District.
(4) A database of all revocations and suspensions of
State occupation and use tax certificates of registration
and all revocations and suspensions of State professional
licenses, sorted separately by name, geographic location,
and certificate of registration number or license number,
as applicable. Professional license revocations and
suspensions shall be posted only if resulting from a
failure to pay taxes, license fees, or child support.
(5) A database of all current State contracts, sorted
separately by contractor name, awarding officer or agency,
contract value, and goods or services provided.
(6) A database of all employees hired after the
effective date of this amendatory Act of 2010, sorted
searchably by each of the following at the time of
employment:
(i) Name.
(ii) Employing State agency.
(iii) Employing State division.
(iv) Employment position title.
(v) Current pay rate and year-to-date pay.
(vi) County of employment location.
(vii) Rutan status.
(viii) Status of position as subject to collective

bargaining, subject to merit compensation, or exempt
under Section 4d of the Personnel Code.
(ix) Employment status as probationary, trainee,
intern, certified, or exempt from certification.
(x) Status as a military veteran.
(7) A searchable database of all current county,
township, library district, and municipal employees sorted
separately by:
(i) Employing unit of local government.
(ii) Employment position title.
(iii) Current pay rate and year-to-date pay.
(8) A searchable database of all county, township, and
municipal employees hired on or after the effective date of
this amendatory Act of the 97th General Assembly, sorted
separately by each of the following at the time of
employment:
(i) Employing unit of local government.
(ii) Employment position title.
(iii) Current pay rate and year-to-date pay.
(9) A searchable database of all library district
employees hired on or after August 9, 2013 (the effective
date of Public Act 98-246) this amendatory Act of the 98th
General Assembly, sorted separately by each of the
following at the time of employment:
(i) Employing unit of local government.
(ii) Employment position title.

(iii) Current pay rate and year-to-date pay.
(d) The ITAP shall include all information required to be
published by subsection (c) of this Section that is available
to the Department in a format the Department can compile and
publish on the ITAP. The Department shall update the ITAP as
additional information becomes available in a format that can
be compiled and published on the ITAP by the Department.
(e) Each State agency, county, township, library district,
and municipality shall cooperate with the Department in
furnishing the information necessary for the implementation of
this Section within a timeframe specified by the Department.
(f) Each county, township, library district, or
municipality submitting information to be displayed on the
Illinois Transparency and Accountability Portal (ITAP) is
responsible for the accuracy of the information provided.
(g) The Department, within 6 months after January 1, 2014
(the effective date of Public Act 98-283) this amendatory Act
of the 98th General Assembly, shall distribute a spreadsheet or
otherwise make data entry available to each State agency to
facilitate the collection of data on the State's annual
workforce characteristics, workforce compensation, and
employee mobility. The Department shall determine the data to
be collected by each State agency. Each State agency shall
cooperate with the Department in furnishing the data necessary
for the implementation of this subsection within the timeframe
specified by the Department. The Department shall publish the

data received from each State agency on the ITAP or another
open data site annually.
(Source: P.A. 97-744, eff. 1-1-13; 98-246, eff. 8-9-13; 98-283,
eff. 1-1-14; revised 9-4-13.)
Section 65. The Children and Family Services Act is amended
by changing Section 5 as follows:
(20 ILCS 505/5) (from Ch. 23, par. 5005)
Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public or private
child care or program facilities.
(a) For purposes of this Section:
(1) "Children" means persons found within the State who
are under the age of 18 years. The term also includes
persons under age 21 who:
(A) were committed to the Department pursuant to
the Juvenile Court Act or the Juvenile Court Act of
1987, as amended, prior to the age of 18 and who
continue under the jurisdiction of the court; or
(B) were accepted for care, service and training by
the Department prior to the age of 18 and whose best
interest in the discretion of the Department would be
served by continuing that care, service and training
because of severe emotional disturbances, physical

disability, social adjustment or any combination
thereof, or because of the need to complete an
educational or vocational training program.
(2) "Homeless youth" means persons found within the
State who are under the age of 19, are not in a safe and
stable living situation and cannot be reunited with their
families.
(3) "Child welfare services" means public social
services which are directed toward the accomplishment of
the following purposes:
(A) protecting and promoting the health, safety
and welfare of children, including homeless, dependent
or neglected children;
(B) remedying, or assisting in the solution of
problems which may result in, the neglect, abuse,
exploitation or delinquency of children;
(C) preventing the unnecessary separation of
children from their families by identifying family
problems, assisting families in resolving their
problems, and preventing the breakup of the family
where the prevention of child removal is desirable and
possible when the child can be cared for at home
without endangering the child's health and safety;
(D) restoring to their families children who have
been removed, by the provision of services to the child
and the families when the child can be cared for at

home without endangering the child's health and
safety;
(E) placing children in suitable adoptive homes,
in cases where restoration to the biological family is
not safe, possible or appropriate;
(F) assuring safe and adequate care of children
away from their homes, in cases where the child cannot
be returned home or cannot be placed for adoption. At
the time of placement, the Department shall consider
concurrent planning, as described in subsection (l-1)
of this Section so that permanency may occur at the
earliest opportunity. Consideration should be given so
that if reunification fails or is delayed, the
placement made is the best available placement to
provide permanency for the child;
(G) (blank);
(H) (blank); and
(I) placing and maintaining children in facilities
that provide separate living quarters for children
under the age of 18 and for children 18 years of age
and older, unless a child 18 years of age is in the
last year of high school education or vocational
training, in an approved individual or group treatment
program, in a licensed shelter facility, or secure
child care facility. The Department is not required to
place or maintain children:

(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and
Developmental Disabilities Code, or
(iii) who are female children who are
pregnant, pregnant and parenting or parenting, or
(iv) who are siblings, in facilities that
provide separate living quarters for children 18
years of age and older and for children under 18
years of age.
(b) Nothing in this Section shall be construed to authorize
the expenditure of public funds for the purpose of performing
abortions.
(c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
(d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement, the
contractor must post a surety bond in the amount of the advance
disbursement and have a purchase of service contract approved
by the Department. The Department may pay up to 2 months
operational expenses in advance. The amount of the advance
disbursement shall be prorated over the life of the contract or

the remaining months of the fiscal year, whichever is less, and
the installment amount shall then be deducted from future
bills. Advance disbursement authorizations for new initiatives
shall not be made to any agency after that agency has operated
during 2 consecutive fiscal years. The requirements of this
Section concerning advance disbursements shall not apply with
respect to the following: payments to local public agencies for
child day care services as authorized by Section 5a of this
Act; and youth service programs receiving grant funds under
Section 17a-4.
(e) (Blank).
(f) (Blank).
(g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the goals
of child safety and protection, family preservation, family
reunification, and adoption, including but not limited to:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) (blank);
(6) homemaker service;
(7) return of runaway children;
(8) (blank);
(9) placement under Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile

Court Act of 1987 in accordance with the federal Adoption
Assistance and Child Welfare Act of 1980; and
(10) interstate services.
Rules and regulations established by the Department shall
include provisions for training Department staff and the staff
of Department grantees, through contracts with other agencies
or resources, in alcohol and drug abuse screening techniques
approved by the Department of Human Services, as a successor to
the Department of Alcoholism and Substance Abuse, for the
purpose of identifying children and adults who should be
referred to an alcohol and drug abuse treatment program for
professional evaluation.
(h) If the Department finds that there is no appropriate
program or facility within or available to the Department for a
ward and that no licensed private facility has an adequate and
appropriate program or none agrees to accept the ward, the
Department shall create an appropriate individualized,
program-oriented plan for such ward. 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 physically or mentally
handicapped, older and other hard-to-place children who (i)
immediately prior to their adoption were legal wards of the
Department 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 wards of the Department for 12 months immediately
prior to the appointment of the guardian.
The amount of assistance may vary, depending upon the needs
of the child and the adoptive parents, as set forth in the
annual assistance agreement. Special purpose grants are
allowed where the child requires special service but such costs
may not exceed the amounts which similar services would cost
the Department if it were to provide or secure them as guardian
of the child.
Any financial assistance provided under this subsection is
inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection of
a judgment or debt.
(j-5) The Department shall not deny or delay the placement
of a child for adoption if an approved family is available
either outside of the Department region handling the case, or

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

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

subsection (a-5) of Section 7.4 of the Abused and Neglected
Child Reporting Act.
The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated addicted,
as a truant minor in need of supervision or as a minor
requiring authoritative intervention, under the Juvenile Court
Act or the Juvenile Court Act of 1987, but no such child shall
be committed to the Department by any court without the
approval of the Department. 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.
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 ward who was placed under the care of the Department
before being subject to placement in a correctional facility
and a court of competent jurisdiction has ordered placement of
the child in a secure care facility.
(n) The Department may place children under 18 years of age
in licensed child care facilities when in the opinion of the
Department, appropriate services aimed at family preservation
have been unsuccessful and cannot ensure the child's health and
safety or are unavailable and such placement would be for their
best interest. Payment for board, clothing, care, training and
supervision of any child placed in a licensed child care
facility may be made by the Department, by the parents or

guardians of the estates of those children, or by both the
Department and the parents or guardians, except that no
payments shall be made by the Department for any child placed
in a licensed child care facility for board, clothing, care,
training and supervision of such a child that exceed the
average per capita cost of maintaining and of caring for a
child in institutions for dependent or neglected children
operated by the Department. However, such restriction on
payments does not apply in cases where children require
specialized care and treatment for problems of severe emotional
disturbance, physical disability, social adjustment, or any
combination thereof and suitable facilities for the placement
of such children are not available at payment rates within the
limitations set forth in this Section. All reimbursements for
services delivered shall be absolutely inalienable by
assignment, sale, attachment, garnishment or otherwise.
(n-1) The Department shall provide or authorize child
welfare services, aimed at assisting minors to achieve
sustainable self-sufficiency as independent adults, for any
minor eligible for the reinstatement of wardship pursuant to
subsection (2) of Section 2-33 of the Juvenile Court Act of
1987, whether or not such reinstatement is sought or allowed,
provided that the minor consents to such services and has not
yet attained the age of 21. The Department shall have
responsibility for the development and delivery of services
under this Section. An eligible youth may access services under

this Section through the Department of Children and Family
Services or by referral from the Department of Human Services.
Youth participating in services under this Section shall
cooperate with the assigned case manager in developing an
agreement identifying the services to be provided and how the
youth will increase skills to achieve self-sufficiency. A
homeless shelter is not considered appropriate housing for any
youth receiving child welfare services under this Section. The
Department shall continue child welfare services under this
Section to any eligible minor until the minor becomes 21 years
of age, no longer consents to participate, or achieves
self-sufficiency as identified in the minor's service plan. The
Department of Children and Family Services shall create clear,
readable notice of the rights of former foster youth to child
welfare services under this Section and how such services may
be obtained. The Department of Children and Family Services and
the Department of Human Services shall disseminate this
information statewide. The Department shall adopt regulations
describing services intended to assist minors in achieving
sustainable self-sufficiency as independent adults.
(o) The Department shall establish an administrative
review and appeal process for children and families who request
or receive child welfare services from the Department. Children
who are wards of the Department and are placed by private child
welfare agencies, and foster families with whom those children
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
insure that any private child welfare agency, which accepts
wards of the Department 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) There is hereby created the Department of Children and
Family Services Emergency Assistance Fund from which the
Department may provide special financial assistance to
families which are in economic crisis when such assistance is
not available through other public or private sources and the
assistance is deemed necessary to prevent dissolution of the
family unit or to reunite families which have been separated
due to child abuse and neglect. The Department shall establish

administrative rules specifying the criteria for determining
eligibility for and the amount and nature of assistance to be
provided. The Department may also enter into written agreements
with private and public social service agencies to provide
emergency financial services to families referred by the
Department. Special financial assistance payments shall be
available to a family no more than once during each fiscal year
and the total payments to a family may not exceed $500 during a
fiscal year.
(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 or handicapped child and the names of such
children who have not been placed for adoption. A list of such
names and addresses shall be maintained by the Department or
its agent, and coded lists which maintain the confidentiality
of the person seeking to adopt the child and of the child shall
be made available, without charge, to every adoption agency in
the State to assist the agencies in placing such children for
adoption. The Department may delegate to an agent its duty to
maintain and make available such lists. The Department shall
ensure that such agent maintains the confidentiality of the
person seeking to adopt the child and of the child.
(s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious or
negligent acts of foster children, as well as providing third
party coverage for such foster parents with regard to actions
of foster children to other individuals. Such coverage will be
secondary to the foster parent liability insurance policy, if
applicable. The program shall be funded through appropriations
from the General Revenue Fund, specifically designated for such
purposes.
(t) The Department shall perform home studies and

investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
(1) an order entered by an Illinois court specifically
directs the Department to perform such services; and
(2) the court has ordered one or both of the parties to
the proceeding to reimburse the Department for its
reasonable costs for providing such services in accordance
with Department rules, or has determined that neither party
is financially able to pay.
The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court order.
The Department shall send to the court information related to
the costs incurred except in cases where the court has
determined the parties are financially unable to pay. The court
may order additional periodic reports as appropriate.
(u) In addition to other information that must be provided,
whenever the Department places a child with a prospective
adoptive parent or parents or in a licensed foster home, group
home, child care institution, or in a relative home, the
Department shall provide to the prospective adoptive parent or
parents or other caretaker:
(1) available detailed information concerning the
child's educational and health history, copies of
immunization records (including insurance and medical card

information), a history of the child's previous
placements, if any, and reasons for placement changes
excluding any information that identifies or reveals the
location of any previous caretaker;
(2) a copy of the child's portion of the client service
plan, including any visitation arrangement, and all
amendments or revisions to it as related to the child; and
(3) information containing details of the child's
individualized educational plan when the child is
receiving special education services.
The caretaker shall be informed of any known social or
behavioral information (including, but not limited to,
criminal background, fire setting, perpetuation of sexual
abuse, destructive behavior, and substance abuse) necessary to
care for and safeguard the children to be placed or currently
in the home. The Department may prepare a written summary of
the information required by this paragraph, which may be
provided to the foster or prospective adoptive parent in
advance of a placement. The foster or prospective adoptive
parent may review the supporting documents in the child's file
in the presence of casework staff. In the case of an emergency
placement, casework staff shall at least provide known
information verbally, if necessary, and must subsequently
provide the information in writing as required by this
subsection.
The information described in this subsection shall be

provided in writing. In the case of emergency placements when
time does not allow prior review, preparation, and collection
of written information, the Department shall provide such
information as it becomes available. Within 10 business days
after placement, the Department shall obtain from the
prospective adoptive parent or parents or other caretaker a
signed verification of receipt of the information provided.
Within 10 business days after placement, the Department shall
provide to the child's guardian ad litem a copy of the
information provided to the prospective adoptive parent or
parents or other caretaker. The information provided to the
prospective adoptive parent or parents or other caretaker shall
be reviewed and approved regarding accuracy at the supervisory
level.
(u-5) Effective July 1, 1995, only foster care placements
licensed as foster family homes pursuant to the Child Care Act
of 1969 shall be eligible to receive foster care payments from
the Department. Relative caregivers who, as of July 1, 1995,
were approved pursuant to approved relative placement rules
previously promulgated by the Department at 89 Ill. Adm. Code
335 and had submitted an application for licensure as a foster
family home may continue to receive foster care payments only
until the Department determines that they may be licensed as a
foster family home or that their application for licensure is
denied or until September 30, 1995, whichever occurs first.
(v) The Department shall access criminal history record

information as defined in the Illinois Uniform Conviction
Information Act and information maintained in the adjudicatory
and dispositional record system as defined in Section 2605-355
of the Department of State Police Law (20 ILCS 2605/2605-355)
if the Department determines the information is necessary to
perform its duties under the Abused and Neglected Child
Reporting Act, the Child Care Act of 1969, and the Children and
Family Services Act. The Department shall provide for
interactive computerized communication and processing
equipment that permits direct on-line communication with the
Department of State Police's central criminal history data
repository. The Department shall comply with all certification
requirements and provide certified operators who have been
trained by personnel from the Department of State Police. In
addition, one Office of the Inspector General investigator
shall have training in the use of the criminal history
information access system and have access to the terminal. The
Department of Children and Family Services and its employees
shall abide by rules and regulations established by the
Department of State Police relating to the access and
dissemination of this information.
(v-1) Prior to final approval for placement of a child, the
Department shall conduct a criminal records background check of
the prospective foster or adoptive parent, including
fingerprint-based checks of national crime information
databases. Final approval for placement shall not be granted if

the record check reveals a felony conviction for child abuse or
neglect, for spousal abuse, for a crime against children, or
for a crime involving violence, including rape, sexual assault,
or homicide, but not including other physical assault or
battery, or if there is a felony conviction for physical
assault, battery, or a drug-related offense committed within
the past 5 years.
(v-2) Prior to final approval for placement of a child, the
Department shall check its child abuse and neglect registry for
information concerning prospective foster and adoptive
parents, and any adult living in the home. If any prospective
foster or adoptive parent or other adult living in the home has
resided in another state in the preceding 5 years, the
Department shall request a check of that other state's child
abuse and neglect registry.
(w) Within 120 days of August 20, 1995 (the effective date
of Public Act 89-392), the Department shall prepare and submit
to the Governor and the General Assembly, a written plan for
the development of in-state licensed secure child care
facilities that care for children who are in need of secure
living arrangements for their health, safety, and well-being.
For purposes of this subsection, secure care facility shall
mean a facility that is designed and operated to ensure that
all entrances and exits from the facility, a building or a
distinct part of the building, are under the exclusive control
of the staff of the facility, whether or not the child has the

freedom of movement within the perimeter of the facility,
building, or distinct part of the building. The plan shall
include descriptions of the types of facilities that are needed
in Illinois; the cost of developing these secure care
facilities; the estimated number of placements; the potential
cost savings resulting from the movement of children currently
out-of-state who are projected to be returned to Illinois; the
necessary geographic distribution of these facilities in
Illinois; and a proposed timetable for development of such
facilities.
(x) The Department shall conduct annual credit history
checks to determine the financial history of children placed
under its guardianship pursuant to the Juvenile Court Act of
1987. The Department shall conduct such credit checks starting
when a ward 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 the effective date of this amendatory Act
of the 96th General Assembly, a child with a disability who
receives residential and educational services from the
Department shall be eligible to receive transition services in

accordance with Article 14 of the School Code from the age of
14.5 through age 21, inclusive, notwithstanding the child's
residential services arrangement. For purposes of this
subsection, "child with a disability" means a child with a
disability as defined by the federal Individuals with
Disabilities Education Improvement Act of 2004.
(z) The Department shall access criminal history record
information as defined as "background information" in this
subsection and criminal history record information as defined
in the Illinois Uniform Conviction Information Act for each
Department employee or Department applicant. Each Department
employee or Department applicant shall submit his or her
fingerprints to the Department of State Police in the form and
manner prescribed by the Department of State Police. These
fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Department of State Police and
the Federal Bureau of Investigation criminal history records
databases. The Department of State Police shall charge a fee
for conducting the criminal history record check, which shall
be deposited into the State Police Services Fund and shall not
exceed the actual cost of the record check. The Department of
State Police shall furnish, pursuant to positive
identification, all Illinois conviction information to the
Department of Children and Family Services.
For purposes of this subsection:
"Background information" means all of the following:

(i) Upon the request of the Department of Children and
Family Services, conviction information obtained from the
Department of State Police as a result of a
fingerprint-based criminal history records check of the
Illinois criminal history records database and the Federal
Bureau of Investigation criminal history records database
concerning a Department employee or Department applicant.
(ii) Information obtained by the Department of
Children and Family Services after performing a check of
the Department of State Police's Sex Offender Database, as
authorized by Section 120 of the Sex Offender Community
Notification Law, concerning a Department employee or
Department applicant.
(iii) Information obtained by the Department of
Children and Family Services after performing a check of
the Child Abuse and Neglect Tracking System (CANTS)
operated and maintained by the Department.
"Department employee" means a full-time or temporary
employee coded or certified within the State of Illinois
Personnel System.
"Department applicant" means an individual who has
conditional Department full-time or part-time work, a
contractor, an individual used to replace or supplement staff,
an academic intern, a volunteer in Department offices or on
Department contracts, a work-study student, an individual or
entity licensed by the Department, or an unlicensed service

provider who works as a condition of a contract or an agreement
and whose work may bring the unlicensed service provider into
contact with Department clients or client records.
(Source: P.A. 97-1150, eff. 1-25-13; 98-249, eff. 1-1-14;
98-570, eff. 8-27-13; revised 9-4-13.)
Section 70. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by changing Sections 605-300 and 605-320 as follows:
(20 ILCS 605/605-300) (was 20 ILCS 605/46.2)
Sec. 605-300. Economic and business development plans;
Illinois Business Development Council.
(a) Economic development plans. The Department shall
develop a strategic economic development plan for the State by
July 1, 2014. By no later than July 1, 2015, and by July 1
annually thereafter, the Department shall make modifications
to the plan as modifications are warranted by changes in
economic conditions or by other factors, including changes in
policy. In addition to the annual modification, the plan shall
be reviewed and redeveloped in full every 5 years. In the
development of the annual economic development plan, the
Department shall consult with representatives of the private
sector, other State agencies, academic institutions, local
economic development organizations, local governments, and
not-for-profit organizations. The annual economic development

plan shall set specific, measurable, attainable, relevant, and
time-sensitive goals and shall include a focus on areas of high
unemployment or poverty.
The term "economic development" shall be construed broadly
by the Department and may include, but is not limited to, job
creation, job retention, tax base enhancements, development of
human capital, workforce productivity, critical
infrastructure, regional competitiveness, social inclusion,
standard of living, environmental sustainability, energy
independence, quality of life, the effective use of financial
incentives, the utilization of public private partnerships
where appropriate, and other metrics determined by the
Department.
The plan shall be based on relevant economic data, focus on
economic development as prescribed by this Section, and
emphasize strategies to retain and create jobs.
The plan shall identify and develop specific strategies for
utilizing the assets of regions within the State defined as
counties and municipalities or other political subdivisions in
close geographical proximity that share common economic traits
such as commuting zones, labor market areas, or other
economically integrated characteristics.
If the plan includes strategies that have a fiscal impact
on the Department or any other agency, the plan shall include a
detailed description of the estimated fiscal impact of such
strategies.

Prior to publishing the plan in its final form, the
Department shall allow for a reasonable time for public input.
The Department shall transmit copies of the economic
development plan to the Governor and the General Assembly no
later than July 1, 2014, and by July 1 annually thereafter. The
plan and its corresponding modifications shall be published and
made available to the public in both paper and electronic
media, on the Department's website, and by any other method
that the Department deems appropriate.
The Department shall annually submit legislation to
implement the strategic economic development plan or
modifications to the strategic economic development plan to the
Governor, the President and Minority Leader of the Senate, and
the Speaker and the Minority Leader of the House of
Representatives. The legislation shall be in the form of one or
more substantive bills drafted by the Legislative Reference
Bureau.
(b) Business development plans; Illinois Business
Development Council.
(1) There is created the Illinois Business Development
Council, hereinafter referred to as the Council. The
Council shall consist of the Director, who shall serve as
co-chairperson, and 12 voting members who shall be
appointed by the Governor with the advice and consent of
the Senate.
(A) The voting members of the Council shall include

one representative from each of the following
businesses and groups: small business, coal,
healthcare, large manufacturing, small or specialized
manufacturing, agriculture, high technology or applied
science, local economic development entities, private
sector organized labor, a local or state business
association or chamber of commerce.
(B) There shall be 2 at-large voting members who
reside within areas of high unemployment within
counties or municipalities that have had an annual
average unemployment rate of at least 120% of the
State's annual average unemployment rate as reported
by the Department of Employment Security for the 5
years preceding the date of appointment.
(2) All appointments shall be made in a geographically
diverse manner.
(3) For the initial appointments to the Council, 6
voting members shall be appointed to serve a 2-year term
and 6 voting members shall be appointed to serve a 4-year
term. Thereafter, all appointments shall be for terms of 4
years. The initial term of voting members shall commence on
the first Wednesday in February 2014. Thereafter, the terms
of voting members shall commence on the first Wednesday in
February, except in the case of an appointment to fill a
vacancy. Vacancies occurring among the members shall be
filled in the same manner as the original appointment for

the remainder of the unexpired term. For a vacancy
occurring when the Senate is not in session, the Governor
may make a temporary appointment until the next meeting of
the Senate when a person shall be nominated to fill the
office, and, upon confirmation by the Senate, he or she
shall hold office during the remainder of the term. A
vacancy in membership does not impair the ability of a
quorum to exercise all rights and perform all duties of the
Council. A member is eligible for reappointment.
(4) Members shall serve without compensation, but may
be reimbursed for necessary expenses incurred in the
performance of their duties from funds appropriated for
that purpose.
(5) In addition, the following shall serve as ex
officio, non-voting members of the Council in order to
provide specialized advice and support to the Council: the
Secretary of Transportation, or his or her designee; the
Director of Employment Security, or his or her designee;
the Executive Director of the Illinois Finance Authority,
or his or her designee; the Director of Agriculture, or his
or her designee; the Director of Revenue, or his or her
designee; the Director of Labor, or his or her designee;
and the Director of the Environmental Protection Agency, or
his or her designee. Ex officio Ex-officio members shall
provide staff and technical assistance to the Council when
appropriate.

(6) In addition to the Director, the voting members
shall elect a co-chairperson.
(7) The Council shall meet at least twice annually and
at such other times as the co-chairpersons or any 5 voting
members consider necessary. Seven voting members shall
constitute a quorum of the Council.
(8) The Department shall provide staff assistance to
the Council.
(9) The Council shall provide the Department relevant
information in a timely manner pursuant to its duties as
enumerated in this Section that can be used by the
Department to enhance the State's strategic economic
development plan.
(10) The Council shall:
(A) Develop an overall strategic business
development plan for the State of Illinois and update
the plan at least annually.
(B) Develop business marketing plans for the State
of Illinois to effectively solicit new company
investment and existing business expansion. Insofar as
allowed under the Illinois Procurement Code, and
subject to appropriations made by the General Assembly
for such purposes, the Council may assist the
Department in the procurement of outside vendors to
carry out such marketing plans.
(C) Seek input from local economic development

officials to develop specific strategies to
effectively link State and local business development
and marketing efforts focusing on areas of high
unemployment or poverty.
(D) Provide the Department with advice on
strategic business development and business marketing
for the State of Illinois.
(E) Provide the Department research and recommend
best practices for developing investment tools for
business attraction and retention.
(Source: P.A. 98-397, eff. 8-16-13; revised 10-8-13.)
(20 ILCS 605/605-320) (was 20 ILCS 605/46.5)
Sec. 605-320. Encouragement of existing industries. To
encourage the growth and expansion of industries now existing
within the State by providing comprehensive business services
and promoting interdepartmental cooperation for assistance to
industries.
As a condition of any financial incentives provided by the
Department in the form of (1) tax credits and tax exemptions
(other than given under tax increment financing) given as an
incentive to a recipient business organization pursuant to an
initial certification or an initial designation made by the
Department under the Economic Development for a Growing Economy
Tax Credit Act, the River Edge Redevelopment Zone Act, and the
Illinois Enterprise Zone Act, including the High Impact

Business program, (2) grants or loans given to a recipient as
an incentive to a business organization pursuant to the River
Edge Redevelopment Zone Act, the Large Business Development
Program, the Business Development Public Infrastructure
Program, or the Industrial Training Program, the Department
shall require the recipient of such financial incentives to
report at least quarterly the number of jobs to be created or
retained, or both created and retained, by the recipient as a
result of the financial incentives, including the number of
full-time, permanent jobs, the number of part-time jobs, and
the number of temporary jobs. Further, the recipient of such
financial incentives shall provide the Department at least
annually a detailed list of the occupation or job
classifications and number of new employees or retained
employees to be hired in full-time, permanent jobs, a schedule
of anticipated starting dates of the new hires and the actual
average wage by occupation or job classification and total
payroll to be created as a result of the financial incentives.
(Source: P.A. 98-397, eff. 8-16-13; revised 10-8-13.)
Section 75. 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
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 by
December 31, 2013.
(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 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. 98-447, eff. 8-16-13; revised 10-7-13.)
Section 80. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
14 as follows:
(20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
Sec. 14. Chester Mental Health Center. To maintain and
operate a facility for the care, custody, and treatment of

persons with mental illness or habilitation of persons with
developmental disabilities hereinafter designated, to be known
as the Chester Mental Health Center.
Within the Chester Mental Health Center there shall be
confined the following classes of persons, whose history, in
the opinion of the Department, discloses dangerous or violent
tendencies and who, upon examination under the direction of the
Department, have been found a fit subject for confinement in
that facility:
(a) Any male person who is charged with the commission
of a crime but has been acquitted by reason of insanity as
provided in Section 5-2-4 of the Unified Code of
Corrections.
(b) Any male person who is charged with the commission
of a crime but has been found unfit under Article 104 of
the Code of Criminal Procedure of 1963.
(c) Any male person with mental illness or
developmental disabilities or person in need of mental
treatment now confined under the supervision of the
Department or hereafter admitted to any facility thereof or
committed thereto by any court of competent jurisdiction.
If and when it shall appear to the facility director of the
Chester Mental Health Center that it is necessary to confine
persons in order to maintain security or provide for the
protection and safety of recipients and staff, the Chester
Mental Health Center may confine all persons on a unit to their

rooms. This period of confinement shall not exceed 10 hours in
a 24 hour period, including the recipient's scheduled hours of
sleep, unless approved by the Secretary of the Department.
During the period of confinement, the persons confined shall be
observed at least every 15 minutes. A record shall be kept of
the observations. This confinement shall not be considered
seclusion as defined in the Mental Health and Developmental
Disabilities Code.
The facility director of the Chester Mental Health Center
may authorize the temporary use of handcuffs on a recipient for
a period not to exceed 10 minutes when necessary in the course
of transport of the recipient within the facility to maintain
custody or security. Use of handcuffs is subject to the
provisions of Section 2-108 of the Mental Health and
Developmental Disabilities Code. The facility shall keep a
monthly record listing each instance in which handcuffs are
used, circumstances indicating the need for use of handcuffs,
and time of application of handcuffs and time of release
therefrom. The facility director shall allow the Illinois
Guardianship and Advocacy Commission, the agency designated by
the Governor under Section 1 of the Protection and Advocacy for
Developmentally Disabled Persons Act, and the Department to
examine and copy such record upon request.
The facility director of the Chester Mental Health Center
may authorize the temporary use of transport devices on a civil
recipient when necessary in the course of transport of the

civil recipient outside the facility to maintain custody or
security. The decision whether to use any transport devices
shall be reviewed and approved on an individualized basis by a
physician based upon a determination of the civil recipient's:
(1) history of violence, (2) history of violence during
transports, (3) history of escapes and escape attempts, (4)
history of trauma, (5) history of incidents of restraint or
seclusion and use of involuntary medication, (6) current
functioning level and medical status, and (7) prior experience
during similar transports, and (8) the length, duration, and
purpose of the transport. The least restrictive transport
device consistent with the individual's need shall be used.
Staff transporting the individual shall be trained in the use
of the transport devices, recognizing and responding to a
person in distress, and shall observe and monitor the
individual while being transported. The facility shall keep a
monthly record listing all transports, including those
transports for which use of transport devices was were not
sought, those for which use of transport devices was were
sought but denied, and each instance in which transport devices
are used, circumstances indicating the need for use of
transport devices, time of application of transport devices,
time of release from those devices, and any adverse events. The
facility director shall allow the Illinois Guardianship and
Advocacy Commission, the agency designated by the Governor
under Section 1 of the Protection and Advocacy for

Developmentally Disabled Persons Act, and the Department to
examine and copy the record upon request. This use of transport
devices shall not be considered restraint as defined in the
Mental Health and Developmental Disabilities Code. For the
purpose of this Section "transport device" means ankle cuffs,
handcuffs, waist chains or wrist-waist devices designed to
restrict an individual's range of motion while being
transported. These devices must be approved by the Division of
Mental Health, used in accordance with the manufacturer's
instructions, and used only by qualified staff members who have
completed all training required to be eligible to transport
patients and all other required training relating to the safe
use and application of transport devices, including
recognizing and responding to signs of distress in an
individual whose movement is being restricted by a transport
device.
If and when it shall appear to the satisfaction of the
Department that any person confined in the Chester Mental
Health Center is not or has ceased to be such a source of
danger to the public as to require his subjection to the
regimen of the center, the Department is hereby authorized to
transfer such person to any State facility for treatment of
persons with mental illness or habilitation of persons with
developmental disabilities, as the nature of the individual
case may require.
Subject to the provisions of this Section, the Department,

except where otherwise provided by law, shall, with respect to
the management, conduct and control of the Chester Mental
Health Center and the discipline, custody and treatment of the
persons confined therein, have and exercise the same rights and
powers as are vested by law in the Department with respect to
any and all of the State facilities for treatment of persons
with mental illness or habilitation of persons with
developmental disabilities, and the recipients thereof, and
shall be subject to the same duties as are imposed by law upon
the Department with respect to such facilities and the
recipients thereof.
The Department may elect to place persons who have been
ordered by the court to be detained under the Sexually Violent
Persons Commitment Act in a distinct portion of the Chester
Mental Health Center. The persons so placed shall be separated
and shall not comingle with the recipients of the Chester
Mental Health Center. The portion of Chester Mental Health
Center that is used for the persons detained under the Sexually
Violent Persons Commitment Act shall not be a part of the
mental health facility for the enforcement and implementation
of the Mental Health and Developmental Disabilities Code nor
shall their care and treatment be subject to the provisions of
the Mental Health and Developmental Disabilities Code. The
changes added to this Section by this amendatory Act of the
98th General Assembly are inoperative on and after June 30,
2015.

(Source: P.A. 98-79, eff. 7-15-13; 98-356, eff. 8-16-13;
revised 9-4-13.)
Section 85. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Section 2105-15 as follows:
(20 ILCS 2105/2105-15)
Sec. 2105-15. General powers and duties.
(a) The Department has, subject to the provisions of the
Civil Administrative Code of Illinois, the following powers and
duties:
(1) To authorize examinations in English to ascertain
the qualifications and fitness of applicants to exercise
the profession, trade, or occupation for which the
examination is held.
(2) To prescribe rules and regulations for a fair and
wholly impartial method of examination of candidates to
exercise the respective professions, trades, or
occupations.
(3) To pass upon the qualifications of applicants for
licenses, certificates, and authorities, whether by
examination, by reciprocity, or by endorsement.
(4) To prescribe rules and regulations defining, for
the respective professions, trades, and occupations, what
shall constitute a school, college, or university, or

department of a university, or other institution,
reputable and in good standing, and to determine the
reputability and good standing of a school, college, or
university, or department of a university, or other
institution, reputable and in good standing, by reference
to a compliance with those rules and regulations; provided,
that no school, college, or university, or department of a
university, or other institution that refuses admittance
to applicants solely on account of race, color, creed, sex,
or national origin shall be considered reputable and in
good standing.
(5) To conduct hearings on proceedings to revoke,
suspend, refuse to renew, place on probationary status, or
take other disciplinary action as authorized in any
licensing Act administered by the Department with regard to
licenses, certificates, or authorities of persons
exercising the respective professions, trades, or
occupations and to revoke, suspend, refuse to renew, place
on probationary status, or take other disciplinary action
as authorized in any licensing Act administered by the
Department with regard to those licenses, certificates, or
authorities. The Department shall issue a monthly
disciplinary report. The Department shall deny any license
or renewal authorized by the Civil Administrative Code of
Illinois to any person who has defaulted on an educational
loan or scholarship provided by or guaranteed by the

Illinois Student Assistance Commission or any governmental
agency of this State; however, the Department may issue a
license or renewal if the aforementioned persons have
established a satisfactory repayment record as determined
by the Illinois Student Assistance Commission or other
appropriate governmental agency of this State.
Additionally, beginning June 1, 1996, any license issued by
the Department may be suspended or revoked if the
Department, after the opportunity for a hearing under the
appropriate licensing Act, finds that the licensee has
failed to make satisfactory repayment to the Illinois
Student Assistance Commission for a delinquent or
defaulted loan. For the purposes of this Section,
"satisfactory repayment record" shall be defined by rule.
The Department shall refuse to issue or renew a license to,
or shall suspend or revoke a license of, any person who,
after receiving notice, fails to comply with a subpoena or
warrant relating to a paternity or child support
proceeding. However, the Department may issue a license or
renewal upon compliance with the subpoena or warrant.
The Department, without further process or hearings,
shall revoke, suspend, or deny any license or renewal
authorized by the Civil Administrative Code of Illinois to
a person who is certified by the Department of Healthcare
and Family Services (formerly Illinois Department of
Public Aid) as being more than 30 days delinquent in

complying with a child support order or who is certified by
a court as being in violation of the Non-Support Punishment
Act for more than 60 days. The Department may, however,
issue a license or renewal if the person has established a
satisfactory repayment record as determined by the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) or if the person is
determined by the court to be in compliance with the
Non-Support Punishment Act. The Department may implement
this paragraph as added by Public Act 89-6 through the use
of emergency rules in accordance with Section 5-45 of the
Illinois Administrative Procedure Act. For purposes of the
Illinois Administrative Procedure Act, the adoption of
rules to implement this paragraph shall be considered an
emergency and necessary for the public interest, safety,
and welfare.
(6) To transfer jurisdiction of any realty under the
control of the Department to any other department of the
State Government or to acquire or accept federal lands when
the transfer, acquisition, or acceptance is advantageous
to the State and is approved in writing by the Governor.
(7) To formulate rules and regulations necessary for
the enforcement of any Act administered by the Department.
(8) To exchange with the Department of Healthcare and
Family Services information that may be necessary for the
enforcement of child support orders entered pursuant to the

Illinois Public Aid Code, the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform
Interstate Family Support Act, or the Illinois Parentage
Act of 1984. Notwithstanding any provisions in this Code to
the contrary, the Department of Professional Regulation
shall not be liable under any federal or State law to any
person for any disclosure of information to the Department
of Healthcare and Family Services (formerly Illinois
Department of Public Aid) under this paragraph (8) or for
any other action taken in good faith to comply with the
requirements of this paragraph (8).
(9) To perform other duties prescribed by law.
(a-5) Except in cases involving default on an educational
loan or scholarship provided by or guaranteed by the Illinois
Student Assistance Commission or any governmental agency of
this State or in cases involving delinquency in complying with
a child support order or violation of the Non-Support
Punishment Act, no person or entity whose license, certificate,
or authority has been revoked as authorized in any licensing
Act administered by the Department may apply for restoration of
that license, certification, or authority until 3 years after
the effective date of the revocation.
(b) The Department may, when a fee is payable to the
Department for a wall certificate of registration provided by

the Department of Central Management Services, require that
portion of the payment for printing and distribution costs be
made directly or through the Department to the Department of
Central Management Services for deposit into the Paper and
Printing Revolving Fund. The remainder shall be deposited into
the General Revenue Fund.
(c) For the purpose of securing and preparing evidence, and
for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs, and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend sums from the Professional Regulation Evidence Fund
that the Director deems necessary from the amounts appropriated
for that purpose. Those sums may be advanced to the agent when
the Director deems that procedure to be in the public interest.
Sums for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities
and other activities as set forth in this Section shall be
advanced to the agent who is to make the purchase from the
Professional Regulation Evidence Fund on vouchers signed by the
Director. The Director and those agents are authorized to
maintain one or more commercial checking accounts with any
State banking corporation or corporations organized under or

subject to the Illinois Banking Act for the deposit and
withdrawal of moneys to be used for the purposes set forth in
this Section; provided, that no check may be written nor any
withdrawal made from any such account except upon the written
signatures of 2 persons designated by the Director to write
those checks and make those withdrawals. Vouchers for those
expenditures must be signed by the Director. All such
expenditures shall be audited by the Director, and the audit
shall be submitted to the Department of Central Management
Services for approval.
(d) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment of
fees in conformance with the requirements of Section 2605-400
of the Department of State Police Law (20 ILCS 2605/2605-400),
the Department of State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files that is necessary to fulfill the request.
(e) The provisions of this Section do not apply to private
business and vocational schools as defined by Section 15 of the
Private Business and Vocational Schools Act of 2012.
(f) Beginning July 1, 1995, this Section does not apply to
those professions, trades, and occupations licensed under the
Real Estate License Act of 2000, nor does it apply to any
permits, certificates, or other authorizations to do business

provided for in the Land Sales Registration Act of 1989 or the
Illinois Real Estate Time-Share Act.
(g) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall deny any license application or renewal
authorized under any licensing Act administered by the
Department to any person who has failed to file a return, or to
pay the tax, penalty, or interest shown in a filed return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirement of any such tax
Act are satisfied; however, the Department may issue a license
or renewal if the person has established a satisfactory
repayment record as determined by the Illinois Department of
Revenue. For the purpose of this Section, "satisfactory
repayment record" shall be defined by rule.
In addition, a complaint filed with the Department by the
Illinois Department of Revenue that includes a certification,
signed by its Director or designee, attesting to the amount of
the unpaid tax liability or the years for which a return was
not filed, or both, is prima facie facia evidence of the
licensee's failure to comply with the tax laws administered by
the Illinois Department of Revenue. Upon receipt of that
certification, the Department shall, without a hearing,
immediately suspend all licenses held by the licensee.
Enforcement of the Department's order shall be stayed for 60

days. The Department shall provide notice of the suspension to
the licensee by mailing a copy of the Department's order by
certified and regular mail to the licensee's last known address
as registered with the Department. The notice shall advise the
licensee that the suspension shall be effective 60 days after
the issuance of the Department's order unless the Department
receives, from the licensee, a request for a hearing before the
Department to dispute the matters contained in the order.
Any suspension imposed under this subsection (g) shall be
terminated by the Department upon notification from the
Illinois Department of Revenue that the licensee is in
compliance with all tax laws administered by the Illinois
Department of Revenue.
The Department shall promulgate rules for the
administration of this subsection (g).
(h) The Department may grant the title "Retired", to be
used immediately adjacent to the title of a profession
regulated by the Department, to eligible retirees. The use of
the title "Retired" shall not constitute representation of
current licensure, registration, or certification. Any person
without an active license, registration, or certificate in a
profession that requires licensure, registration, or
certification shall not be permitted to practice that
profession.
(i) Within 180 days after December 23, 2009 (the effective
date of Public Act 96-852), the Department shall promulgate

rules which permit a person with a criminal record, who seeks a
license or certificate in an occupation for which a criminal
record is not expressly a per se bar, to apply to the
Department for a non-binding, advisory opinion to be provided
by the Board or body with the authority to issue the license or
certificate as to whether his or her criminal record would bar
the individual from the licensure or certification sought,
should the individual meet all other licensure requirements
including, but not limited to, the successful completion of the
relevant examinations.
(Source: P.A. 96-459, eff. 8-14-09; 96-852, eff. 12-23-09;
96-1000, eff. 7-2-10; 97-650, eff. 2-1-12; revised 9-9-13.)
Section 90. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by setting forth, renumbering, and changing multiple
versions of Section 2310-665 as follows:
(20 ILCS 2310/2310-665)
Sec. 2310-665. Educational materials on streptococcal
infection. The Department, in conjunction with the Illinois
State Board of Education, shall develop educational material on
streptococcal infection for distribution in elementary and
secondary schools. The material shall include, but not be
limited to:
(1) a process to notify parents or guardians of an

outbreak in the school;
(2) a process to provide information on all of the
symptoms of streptococcal infection to teachers, parents,
and students; and
(3) guidelines for schools to control the spread of
streptococcal infections.
(Source: P.A. 98-236, eff. 8-9-13; revised 9-12-13.)
(20 ILCS 2310/2310-670)
Sec. 2310-670 2310-665. 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 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' population's 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) this amendatory Act of
the 98th General Assembly 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; revised 9-12-13.)
(20 ILCS 2310/2310-675)
(Section scheduled to be repealed on January 1, 2016)
Sec. 2310-675 2310-665. Hepatitis C Task Force.
(a) The General Assembly finds and declares the following:
(1) Viral hepatitis is a contagious and
life-threatening disease that has a substantial and
increasing effect upon the lifespans and quality of life of
at least 5,000,000 persons living in the United States and
as many as 180,000,000 worldwide. According to the U.S.

Department of Health and Human Services (HHS), the chronic
form of the hepatitis C virus (HCV) and hepatitis B virus
(HBV) account for the vast majority of hepatitis-related
mortalities in the U.S., yet as many as 65% to 75% of
infected Americans remain unaware that they are infected
with the virus, prompting the U.S. Centers for Disease
Control and Prevention (CDC) to label these viruses as the
silent epidemic. HCV and HBV are major public health
problems that cause chronic liver diseases, such as
cirrhosis, liver failure, and liver cancer. The 5-year
survival rate for primary liver cancer is less than 5%.
These viruses are also the leading cause of liver
transplantation in the United States. While there is a
vaccine for HBV, no vaccine exists for HCV. However, there
are anti-viral treatments for HCV that can improve the
prognosis or actually clear the virus from the patient's
system. Unfortunately, the vast majority of infected
patients remain unaware that they have the virus since
there are generally no symptoms. Therefore, there is a dire
need to aid the public in identifying certain risk factors
that would warrant testing for these viruses. Millions of
infected patients remain undiagnosed and continue to be at
elevated risks for developing more serious complications.
More needs to be done to educate the public about this
disease and the risk factors that warrant testing. In some
cases, infected patients play an unknowing role in further

spreading this infectious disease.
(2) The existence of HCV was definitively published and
discovered by medical researchers in 1989. Prior to this
date, HCV is believed to have spread unchecked. The
American Association for the Study of Liver Diseases
(AASLD) recommends that primary care physicians screen all
patients for a history of any viral hepatitis risk factor
and test those individuals with at least one identifiable
risk factor for the virus. Some of the most common risk
factors have been identified by AASLD, HHS, and the U.S.
Department of Veterans Affairs, as well as other public
health and medical research organizations, and include the
following:
(A) anyone who has received a blood transfusion
prior to 1992;
(B) anyone who is a Vietnam-era veteran;
(C) anyone who has abnormal liver function tests;
(D) anyone infected with the HIV virus;
(E) anyone who has used a needle to inject drugs;
(F) any health care, emergency medical, or public
safety worker who has been stuck by a needle or exposed
to any mucosal fluids of an HCV-infected person; and
(G) any children born to HCV-infected mothers.
A 1994 study determined that Caucasian Americans
statistically accounted for the most number of infected
persons in the United States, while the highest incidence

rates were among African and Hispanic Americans.
(3) In January of 2010, the Institute of Medicine
(IOM), commissioned by the CDC, issued a comprehensive
report entitled Hepatitis and Liver Cancer: A National
Strategy for Prevention and Control of Hepatitis B and C.
The key findings and recommendations from the IOM's report
are (A) there is a lack of knowledge and awareness about
chronic viral hepatitis on the part of health care and
social service providers, (B) there is a lack of knowledge
and awareness about chronic viral hepatitis among at-risk
populations, members of the public, and policy makers, and
(C) there is insufficient understanding about the extent
and seriousness of the public health problem, so inadequate
public resources are being allocated to prevention,
control, and surveillance programs.
(4) In this same 2010 IOM report, researchers compared
the prevalence and incidences of HCV, HBV, and HIV and
found that, although there are only 1,100,000 HIV/AIDS
infected persons in the United States and over 4,000,000
Americans infected with viral hepatitis, the percentage of
those with HIV that are unaware they have HIV is only 21%
as opposed to approximately 70% of those with viral
hepatitis being unaware that they have viral hepatitis. It
appears that public awareness of risk factors associated
with each of these diseases could be a major factor in the
alarming disparity between the percentage of the

population that is infected with one of these blood
viruses, but unaware that they are infected.
(5) In light of the widely varied nature of the risk
factors mentioned in this subsection (a), the previous
findings by the Institute of Medicine, and the clear
evidence of the disproportional public awareness between
HIV and viral hepatitis, it is clearly in the public
interest for this State to establish a task force to gather
testimony and develop an action plan to (A) increase public
awareness of the risk factors for these viruses, (B)
improve access to screening for these viruses, and (C)
provide those infected with information about the
prognosis, treatment options, and elevated risk of
developing cirrhosis and liver cancer. There is clear and
increasing evidence that many adults in Illinois and in the
United States have at least one of the risk factors
mentioned in this subsection (a).
(6) The General Assembly also finds that it is in the
public interest to bring communities of Illinois-based
veterans of American military service into familiarity
with the issues created by this disease, because many
veterans, especially Vietnam-era veterans, have at least
one of the previously enumerated risk factors and are
especially prone to being affected by this disease; and
because veterans of American military service should enjoy
in all cases, and do enjoy in most cases, adequate access

to health care services that include medical management and
care for preexisting and long-term medical conditions,
such as infection with the hepatitis virus.
(b) There is established the Hepatitis C Task Force within
the Department of Public Health. The purpose of the Task Force
shall be to:
(1) develop strategies to identify and address the
unmet needs of persons with hepatitis C in order to enhance
the quality of life of persons with hepatitis C by
maximizing productivity and independence and addressing
emotional, social, financial, and vocational challenges of
persons with hepatitis C;
(2) develop strategies to provide persons with
hepatitis C greater access to various treatments and other
therapeutic options that may be available; and
(3) develop strategies to improve hepatitis C
education and awareness.
(c) The Task Force shall consist of 17 members as follows:
(1) the Director of Public Health, the Director of
Veterans' Affairs, and the Director of Human Services, or
their designees, who shall serve ex officio;
(2) ten public members who shall be appointed by the
Director of Public Health from the medical, patient, and
service provider communities, including, but not limited
to, HCV Support, Inc.; and
(3) four members of the General Assembly, appointed one

each by the President of the Senate, the Minority Leader of
the Senate, the Speaker of the House of Representatives,
and the Minority Leader of the House of Representatives.
Vacancies in the membership of the Task Force shall be
filled in the same manner provided for in the original
appointments.
(d) The Task Force shall organize within 120 days following
the appointment of a majority of its members and shall select a
chairperson and vice-chairperson from among the members. The
chairperson shall appoint a secretary, who need not be a member
of the Task Force.
(e) The public members shall serve without compensation and
shall not be reimbursed for necessary expenses incurred in the
performance of their duties, unless funds become available to
the Task Force.
(f) The Task Force shall be entitled to call to its
assistance and avail itself of the services of the employees of
any State, county, or municipal department, board, bureau,
commission, or agency as it may require and as may be available
to it for its purposes.
(g) The Task Force may meet and hold hearings as it deems
appropriate.
(h) The Department of Public Health shall provide staff
support to the Task Force.
(i) The Task Force shall report its findings and
recommendations to the Governor and to the General Assembly,

along with any legislative bills that it desires to recommend
for adoption by the General Assembly, no later than December
31, 2015.
(j) The Task Force is abolished and this Section is
repealed on January 1, 2016.
(Source: P.A. 98-493, eff. 8-16-13; revised 9-12-13.)
(20 ILCS 2310/2310-680)
(Section scheduled to be repealed on January 1, 2016)
Sec. 2310-680 2310-665. Multiple Sclerosis Task Force.
(a) The General Assembly finds and declares the following:
(1) Multiple sclerosis (MS) is a chronic, often
disabling, disease that attacks the central nervous
system, which is comprised of the brain, spinal cord, and
optic nerves. MS is the number one disabling disease among
young adults, striking in the prime of life. It is a
disease in which the body, through its immune system,
launches a defensive and damaging attack against its own
tissues. MS damages the nerve-insulating myelin sheath
that surrounds and protects the brain. The damage to the
myelin sheath slows down or blocks messages between the
brain and the body.
(2) Most people experience their first symptoms of MS
between the ages of 20 and 40, but MS can appear in young
children and teens as well as much older adults. MS
symptoms can include visual disturbances, muscle weakness,

trouble with coordination and balance, sensations such as
numbness, prickling or pins and needles, and thought and
memory problems. MS patients can also experience partial or
complete paralysis, speech impediments, tremors,
dizziness, stiffness and spasms, fatigue, paresthesias,
pain, and loss of sensation.
(3) The cause of MS remains unknown; however, having a
first-degree relative, such as a parent or sibling, with MS
significantly increases a person's risk of developing the
disease. According to the National Institute of
Neurological Disorders and Stroke, it is estimated that
there are approximately 250,000 to 350,000 persons in the
United States who are diagnosed with MS. This estimate
suggests that approximately 200 new cases are diagnosed
each week. Other sources report a population of at least
400,000 in the United States. The estimate of persons with
MS in Illinois is 20,000, with at least 2 areas of MS
clusters identified in Illinois.
(4) Presently, there is no cure for MS. The complex and
variable nature of the disease makes it very difficult to
diagnose, treat, and research. The cost to the family,
often with young children, can be overwhelming. Among
common diagnoses, non-stroke neurologic illnesses, such as
multiple sclerosis, were associated with the highest
out-of-pocket expenditures (a mean of $34,167), followed
by diabetes ($26,971), injuries ($25,096), stroke

($23,380), mental illnesses ($23,178), and heart disease
($21,955). Median out-of-pocket costs for health care
among people with MS, excluding insurance premiums, were
almost twice as much as the general population. The costs
associated with MS increase with greater disability. Costs
for severely disabled individuals are more than twice those
for persons with a relatively mild form of the disease. A
recent study of medical bankruptcy found that 62.1% of all
personal bankruptcies in the United States were related to
medical costs.
(5) Therefore, it is in the public interest for the
State to establish a Multiple Sclerosis Task Force in order
to identify and address the unmet needs of persons with MS
and develop ways to enhance their quality of life.
(b) There is established the Multiple Sclerosis Task Force
in the Department of Public Health. The purpose of the Task
Force shall be to:
(1) develop strategies to identify and address the
unmet needs of persons with MS in order to enhance the
quality of life of persons with MS by maximizing
productivity and independence and addressing emotional,
social, financial, and vocational challenges of persons
with MS;
(2) develop strategies to provide persons with MS
greater access to various treatments and other therapeutic
options that may be available; and

(3) develop strategies to improve multiple sclerosis
education and awareness.
(c) The Task Force shall consist of 16 members as follows:
(1) the Director of Public Health and the Director of
Human Services, or their designees, who shall serve ex
officio; and
(2) fourteen public members, who shall be appointed by
the Director of Public Health as follows: 2 neurologists
licensed to practice medicine in this State; 3 registered
nurses or other health professionals with MS certification
and extensive expertise with progressed MS; one person upon
the recommendation of the National Multiple Sclerosis
Society; 3 persons who represent agencies that provide
services or support to individuals with MS in this State; 3
persons who have MS, at least one of whom having progressed
MS; and 2 members of the public with a demonstrated
expertise in issues relating to the work of the Task Force.
Vacancies in the membership of the Task Force shall be
filled in the same manner provided for in the original
appointments.
(d) The Task Force shall organize within 120 days following
the appointment of a majority of its members and shall select a
chairperson and vice-chairperson from among the members. The
chairperson shall appoint a secretary who need not be a member
of the Task Force.
(e) The public members shall serve without compensation and

shall not be reimbursed for necessary expenses incurred in the
performance of their duties unless funds become available to
the Task Force.
(f) The Task Force may meet and hold hearings as it deems
appropriate.
(g) The Department of Public Health shall provide staff
support to the Task Force.
(h) The Task Force shall report its findings and
recommendations to the Governor and to the General Assembly,
along with any legislative bills that it desires to recommend
for adoption by the General Assembly, no later than December
31, 2015.
(i) The Task Force is abolished and this Section is
repealed on January 1, 2016.
(Source: P.A. 98-530, eff. 8-23-13; revised 9-12-13.)
Section 95. The Disabilities Services Act of 2003 is
amended by changing Section 10 as follows:
(20 ILCS 2407/10)
Sec. 10. Application of Act; definitions.
(a) This Act applies to persons with disabilities. The
disabilities included are defined for purposes of this Act as
follows:
"Disability" means a disability as defined by the Americans
with Disabilities Act of 1990 that is attributable to a

developmental disability, a mental illness, or a physical
disability, or combination of those.
"Developmental disability" means a disability that is
attributable to an intellectual disability or a related
condition. A related condition must meet all of the following
conditions:
(1) It must be attributable to cerebral palsy,
epilepsy, or any other condition (other than mental
illness) found to be closely related to an intellectual
disability because that condition results in impairment of
general intellectual functioning or adaptive behavior
similar to that of individuals with an intellectual
disability, and requires treatment or services similar to
those required for those individuals. For purposes of this
Section, autism is considered a related condition.
(2) It must be manifested before the individual reaches
age 22.
(3) It must be likely to continue indefinitely.
(4) It must result in substantial functional
limitations in 3 or more of the following areas of major
life activity: self-care, language, learning, mobility,
self-direction, and capacity for independent living.
"Mental Illness" means a mental or emotional disorder
verified by a diagnosis contained in the Diagnostic and
Statistical Manual of Mental Disorders-Fourth Edition,
published by the American Psychiatric Association (DSM-IV), or

its successor, or International Classification of Diseases,
9th Revision, Clinical Modification (ICD-9-CM), or its
successor, that substantially impairs a person's cognitive,
emotional, or behavioral functioning, or any combination of
those, excluding (i) conditions that may be the focus of
clinical attention but are not of sufficient duration or
severity to be categorized as a mental illness, such as
parent-child relational problems, partner-relational problems,
sexual abuse of a child, bereavement, academic problems,
phase-of-life problems, and occupational problems
(collectively, "V codes"), (ii) organic disorders such as
substance intoxication dementia, substance withdrawal
dementia, Alzheimer's disease, vascular dementia, dementia due
to HIV infection, and dementia due to Creutzfeldt-Jakob
Creutzfeld-Jakob disease and disorders associated with known
or unknown physical conditions such as hallucinosis, amnestic
disorders and delirium, and psychoactive substance-induced
organic disorders, and (iii) an intellectual disability or
psychoactive substance use disorders.
"Intellectual disability" means significantly sub-average
general intellectual functioning existing concurrently with
deficits in adaptive behavior and manifested before the age of
22 years.
"Physical disability" means a disability as defined by the
Americans with Disabilities Act of 1990 that meets the
following criteria:

(1) It is attributable to a physical impairment.
(2) It results in a substantial functional limitation
in any of the following areas of major life activity: (i)
self-care, (ii) receptive and expressive language, (iii)
learning, (iv) mobility, (v) self-direction, (vi) capacity
for independent living, and (vii) economic sufficiency.
(3) It reflects the person's need for a combination and
sequence of special, interdisciplinary, or general care,
treatment, or other services that are of lifelong or of
extended duration and must be individually planned and
coordinated.
(b) In this Act:
"Chronological age-appropriate services" means services,
activities, and strategies for persons with disabilities that
are representative of the lifestyle activities of nondisabled
peers of similar age in the community.
"Comprehensive evaluation" means procedures used by
qualified professionals selectively with an individual to
determine whether a person has a disability and the nature and
extent of the services that the person with a disability needs.
"Department" means the Department on Aging, the Department
of Human Services, the Department of Public Health, the
Department of Public Aid (now Department Healthcare and Family
Services), the University of Illinois Division of Specialized
Care for Children, the Department of Children and Family
Services, and the Illinois State Board of Education, where

appropriate, as designated in the implementation plan
developed under Section 20.
"Family" means a natural, adoptive, or foster parent or
parents or other person or persons responsible for the care of
an individual with a disability in a family setting.
"Family or individual support" means those resources and
services that are necessary to maintain an individual with a
disability within the family home or his or her own home. These
services may include, but are not limited to, cash subsidy,
respite care, and counseling services.
"Independent service coordination" means a social service
that enables persons with developmental disabilities and their
families to locate, use, and coordinate resources and
opportunities in their communities on the basis of individual
need. Independent service coordination is independent of
providers of services and funding sources and is designed to
ensure accessibility, continuity of care, and accountability
and to maximize the potential of persons with developmental
disabilities for independence, productivity, and integration
into the community. Independent service coordination includes,
at a minimum: (i) outreach to identify eligible individuals;
(ii) assessment and periodic reassessment to determine each
individual's strengths, functional limitations, and need for
specific services; (iii) participation in the development of a
comprehensive individual service or treatment plan; (iv)
referral to and linkage with needed services and supports; (v)

monitoring to ensure the delivery of appropriate services and
to determine individual progress in meeting goals and
objectives; and (vi) advocacy to assist the person in obtaining
all services for which he or she is eligible or entitled.
"Individual service or treatment plan" means a recorded
assessment of the needs of a person with a disability, a
description of the services recommended, the goals of each type
of element of service, an anticipated timetable for the
accomplishment of the goals, and a designation of the qualified
professionals responsible for the implementation of the plan.
"Least restrictive environment" means an environment that
represents the least departure from the normal patterns of
living and that effectively meets the needs of the person
receiving the service.
(Source: P.A. 97-227, eff. 1-1-12; revised 9-4-13.)
Section 100. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by setting
forth and renumbering multiple versions of Section 2605-595 as
follows:
(20 ILCS 2605/2605-595)
Sec. 2605-595. State Police Firearm Services Fund.
(a) There is created in the State treasury a special fund
known as the State Police Firearm Services Fund. The Fund shall
receive revenue under the Firearm Concealed Carry Act and

Section 5 of the Firearm Owners Identification Card Act. The
Fund may also receive revenue from grants, pass-through grants,
donations, appropriations, and any other legal source.
(b) The Department of State Police may use moneys in the
Fund to finance any of its lawful purposes, mandates,
functions, and duties under the Firearm Owners Identification
Card Act and the Firearm Concealed Carry Act, including the
cost of sending notices of expiration of Firearm Owner's
Identification Cards, concealed carry licenses, the prompt and
efficient processing of applications under the Firearm Owners
Identification Card Act and the Firearm Concealed Carry Act,
the improved efficiency and reporting of the LEADS and federal
NICS law enforcement data systems, and support for
investigations required under these Acts and law. Any surplus
funds beyond what is needed to comply with the aforementioned
purposes shall be used by the Department to improve the Law
Enforcement Agencies Data System (LEADS) and criminal history
background check system.
(c) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(Source: P.A. 98-63, eff. 7-9-13.)
(20 ILCS 2605/2605-600)
Sec. 2605-600 2605-595. Crimes Against Police Officers
Advisory.

(a) For purposes of this Section:
"Attempt" has the meaning ascribed to that term in
Section 8-4 of the Criminal Code of 2012.
"Concealment of homicidal death" has the meaning
ascribed to that term in Section 9-3.4 of the Criminal Code
of 2012.
"First degree murder" has the meaning ascribed to that
term in Section 9-1 of the Criminal Code of 2012.
"Involuntary manslaughter" and "reckless homicide"
have the meanings ascribed to those terms in Section 9-3 of
the Criminal Code of 2012.
"Second degree murder" has the meaning ascribed to that
term in Section 9-2 of the Criminal Code of 2012.
(b) A coordinated program known as the Crimes Against
Police Officers Advisory is established within the Department
of State Police. The purpose of the Crimes Against Police
Officers Advisory is to provide a regional system for the rapid
dissemination of information regarding a person who is
suspected of committing or attempting to commit any of the
offenses described in subsection (c).
(c) The Department of State Police shall develop an
advisory to assist law enforcement agencies when the commission
or attempted commission of the following offenses against a
peace officer occur:
(1) first degree murder;
(2) second degree murder;

(3) involuntary manslaughter;
(4) reckless homicide; and
(5) concealment of homicidal death.
(d) Law enforcement agencies participating in the advisory
may request assistance when:
(1) the agency believes that a suspect has not been
apprehended;
(2) the agency believes that the suspect may be a
serious threat to the public; and
(3) sufficient information is available to disseminate
to the public that could assist in locating the suspect.
(e) The Department of State Police shall reserve the
authority to determine if dissemination of the information will
pose a significant risk to the public or jeopardize the
investigation.
(f) The Department of State Police may partner with media
and may request a media broadcast concerning details of the
suspect in order to obtain the public's assistance in locating
the suspect or vehicle used in the offense, or both.
(Source: P.A. 98-263, eff. 1-1-14; revised 10-17-13.)
Section 105. The Criminal Identification Act is amended by
changing Sections 4 and 5.2 as follows:
(20 ILCS 2630/4) (from Ch. 38, par. 206-4)
Sec. 4. The Department may use the following systems of

identification: the Bertillon The Bertillion system, the
finger print system, and any system of measurement or
identification that may be adopted by law or rule in the
various penal institutions or bureaus of identification
wherever located.
The Department shall make a record consisting of duplicates
of all measurements, processes, operations, signalletic cards,
plates, photographs, outline pictures, measurements,
descriptions of and data relating to all persons confined in
penal institutions wherever located, so far as the same are
obtainable, in accordance with whatever system or systems may
be found most efficient and practical.
(Source: Laws 1957, p. 1422; revised 9-4-13.)
(20 ILCS 2630/5.2)
Sec. 5.2. Expungement and sealing.
(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings
ascribed to them in the Unified Code of Corrections,
730 ILCS 5/5-1-2 through 5/5-1-22:
(i) Business Offense (730 ILCS 5/5-1-2),
(ii) Charge (730 ILCS 5/5-1-3),
(iii) Court (730 ILCS 5/5-1-6),

(iv) Defendant (730 ILCS 5/5-1-7),
(v) Felony (730 ILCS 5/5-1-9),
(vi) Imprisonment (730 ILCS 5/5-1-10),
(vii) Judgment (730 ILCS 5/5-1-12),
(viii) Misdemeanor (730 ILCS 5/5-1-14),
(ix) Offense (730 ILCS 5/5-1-15),
(x) Parole (730 ILCS 5/5-1-16),
(xi) Petty Offense (730 ILCS 5/5-1-17),
(xii) Probation (730 ILCS 5/5-1-18),
(xiii) Sentence (730 ILCS 5/5-1-19),
(xiv) Supervision (730 ILCS 5/5-1-21), and
(xv) Victim (730 ILCS 5/5-1-22).
(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by 730 ILCS
5/5-1-3) brought against a defendant where the
defendant is not arrested prior to or as a direct
result of the charge.
(C) "Conviction" means a judgment of conviction or
sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered by
a legally constituted jury or by a court of competent
jurisdiction authorized to try the case without a jury.
An order of supervision successfully completed by the
petitioner is not a conviction. An order of qualified
probation (as defined in subsection (a)(1)(J))
successfully completed by the petitioner is not a

conviction. An order of supervision or an order of
qualified probation that is terminated
unsatisfactorily is a conviction, unless the
unsatisfactory termination is reversed, vacated, or
modified and the judgment of conviction, if any, is
reversed or vacated.
(D) "Criminal offense" means a petty offense,
business offense, misdemeanor, felony, or municipal
ordinance violation (as defined in subsection
(a)(1)(H)). As used in this Section, a minor traffic
offense (as defined in subsection (a)(1)(G)) shall not
be considered a criminal offense.
(E) "Expunge" means to physically destroy the
records or return them to the petitioner and to
obliterate the petitioner's name from any official
index or public record, or both. Nothing in this Act
shall require the physical destruction of the circuit
court file, but such records relating to arrests or
charges, or both, ordered expunged shall be impounded
as required by subsections (d)(9)(A)(ii) and
(d)(9)(B)(ii).
(F) As used in this Section, "last sentence" means
the sentence, order of supervision, or order of
qualified probation (as defined by subsection
(a)(1)(J)), for a criminal offense (as defined by
subsection (a)(1)(D)) that terminates last in time in

any jurisdiction, regardless of whether the petitioner
has included the criminal offense for which the
sentence or order of supervision or qualified
probation was imposed in his or her petition. If
multiple sentences, orders of supervision, or orders
of qualified probation terminate on the same day and
are last in time, they shall be collectively considered
the "last sentence" regardless of whether they were
ordered to run concurrently.
(G) "Minor traffic offense" means a petty offense,
business offense, or Class C misdemeanor under the
Illinois Vehicle Code or a similar provision of a
municipal or local ordinance.
(H) "Municipal ordinance violation" means an
offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner was
charged or for which the petitioner was arrested and
released without charging.
(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief under
this Section.
(J) "Qualified probation" means an order of
probation under Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act,
Section 70 of the Methamphetamine Control and
Community Protection Act, Section 5-6-3.3 or 5-6-3.4

of the Unified Code of Corrections, Section
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
those provisions existed before their deletion by
Public Act 89-313), Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Alcoholism and Other Drug Abuse and
Dependency Act, or Section 10 of the Steroid Control
Act. For the purpose of this Section, "successful
completion" of an order of qualified probation under
Section 10-102 of the Illinois Alcoholism and Other
Drug Dependency Act and Section 40-10 of the Alcoholism
and Other Drug Abuse and Dependency Act means that the
probation was terminated satisfactorily and the
judgment of conviction was vacated.
(K) "Seal" means to physically and electronically
maintain the records, unless the records would
otherwise be destroyed due to age, but to make the
records unavailable without a court order, subject to
the exceptions in Sections 12 and 13 of this Act. The
petitioner's name shall also be obliterated from the
official index required to be kept by the circuit court
clerk under Section 16 of the Clerks of Courts Act, but
any index issued by the circuit court clerk before the
entry of the order to seal shall not be affected.
(L) "Sexual offense committed against a minor"
includes but is not limited to the offenses of indecent

solicitation of a child or criminal sexual abuse when
the victim of such offense is under 18 years of age.
(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this
Section.
(2) Minor Traffic Offenses. Orders of supervision or
convictions for minor traffic offenses shall not affect a
petitioner's eligibility to expunge or seal records
pursuant to this Section.
(3) Exclusions. Except as otherwise provided in
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
of this Section, the court shall not order:
(A) the sealing or expungement of the records of
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)
any sexual offense committed against a minor; (ii)
Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, unless the
arrest or charge is for a misdemeanor violation of
subsection (a) of Section 11-503 or a similar provision
of a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the offender

has no other conviction for violating Section 11-501 or
11-503 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released
without charging.
(C) the sealing of the records of arrests or
charges not initiated by arrest which result in an
order of supervision, an order of qualified probation
(as defined in subsection (a)(1)(J)), or a conviction
for the following offenses:
(i) offenses included in Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012
or a similar provision of a local ordinance, except
Section 11-14 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
26-5, or 48-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(iii) offenses defined as "crimes of violence"
in Section 2 of the Crime Victims Compensation Act
or a similar provision of a local ordinance;
(iv) offenses which are Class A misdemeanors

under the Humane Care for Animals Act; or
(v) any offense or attempted offense that
would subject a person to registration under the
Sex Offender Registration Act.
(D) the sealing of the records of an arrest which
results in the petitioner being charged with a felony
offense or records of a charge not initiated by arrest
for a felony offense unless:
(i) the charge is amended to a misdemeanor and
is otherwise eligible to be sealed pursuant to
subsection (c);
(ii) the charge is brought along with another
charge as a part of one case and the charge results
in acquittal, dismissal, or conviction when the
conviction was reversed or vacated, and another
charge brought in the same case results in a
disposition for a misdemeanor offense that is
eligible to be sealed pursuant to subsection (c) or
a disposition listed in paragraph (i), (iii), or
(iv) of this subsection;
(iii) the charge results in first offender
probation as set forth in subsection (c)(2)(E);
(iv) the charge is for a felony offense listed
in subsection (c)(2)(F) or the charge is amended to
a felony offense listed in subsection (c)(2)(F);
(v) the charge results in acquittal,

dismissal, or the petitioner's release without
conviction; or
(vi) the charge results in a conviction, but
the conviction was reversed or vacated.
(b) Expungement.
(1) A petitioner may petition the circuit court to
expunge the records of his or her arrests and charges not
initiated by arrest when:
(A) He or she has never been convicted of a
criminal offense; and
(B) Each arrest or charge not initiated by arrest
sought to be expunged resulted in: (i) acquittal,
dismissal, or the petitioner's release without
charging, unless excluded by subsection (a)(3)(B);
(ii) a conviction which was vacated or reversed, unless
excluded by subsection (a)(3)(B); (iii) an order of
supervision and such supervision was successfully
completed by the petitioner, unless excluded by
subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
qualified probation (as defined in subsection
(a)(1)(J)) and such probation was successfully
completed by the petitioner.
(2) Time frame for filing a petition to expunge.
(A) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an acquittal,
dismissal, the petitioner's release without charging,

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

shall not be eligible for expungement until the
petitioner has reached the age of 25 years.
(ii) Those arrests or charges that resulted in
orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have
passed following the satisfactory termination of
the supervision.
(C) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
qualified probation, successfully completed by the
petitioner, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Department for
persons arrested prior to their 17th birthday shall be
expunged as provided in Section 5-915 of the Juvenile Court
Act of 1987.
(4) Whenever a person has been arrested for or
convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief
judge of the circuit wherein the arrest was made, have a
court order entered nunc pro tunc by the Chief Judge to

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

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

Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of
the Alcoholism and Other Drug Abuse and Dependency Act, or
Section 10 of the Steroid Control Act.
(8) If the petitioner has been granted a certificate of
innocence under Section 2-702 of the Code of Civil
Procedure, the court that grants the certificate of
innocence shall also enter an order expunging the
conviction for which the petitioner has been determined to
be innocent as provided in subsection (h) of Section 2-702
of the Code of Civil Procedure.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any rights
to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and of
minors prosecuted as adults.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without
charging;
(B) Arrests or charges not initiated by arrest
resulting in acquittal, dismissal, or conviction when
the conviction was reversed or vacated, except as
excluded by subsection (a)(3)(B);

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

Offenses under the Methamphetamine
Precursor Control Act.
Offenses under the Steroid Control Act.
Theft under Section 16-1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
Retail theft under Section 16A-3 or
paragraph (a) of 16-25 of the Criminal Code of
1961 or the Criminal Code of 2012.
Deceptive practices under Section 17-1 of
the Criminal Code of 1961 or the Criminal Code
of 2012.
Forgery under Section 17-3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
Possession of burglary tools under Section
19-2 of the Criminal Code of 1961 or the
Criminal Code of 2012.
(ii) Class 3 felony convictions for:
Theft under Section 16-1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
Retail theft under Section 16A-3 or
paragraph (a) of 16-25 of the Criminal Code of
1961 or the Criminal Code of 2012.
Deceptive practices under Section 17-1 of
the Criminal Code of 1961 or the Criminal Code
of 2012.
Forgery under Section 17-3 of the Criminal

Code of 1961 or the Criminal Code of 2012.
Possession with intent to manufacture or
deliver a controlled substance under Section
401 of the Illinois Controlled Substances Act.
(3) When Records Are Eligible to Be Sealed. Records
identified as eligible under subsection (c)(2) may be
sealed as follows:
(A) Records identified as eligible under
subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
time.
(B) Records identified as eligible under
subsection (c)(2)(C) may be sealed (i) 3 years after
the termination of petitioner's last sentence (as
defined in subsection (a)(1)(F)) if the petitioner has
never been convicted of a criminal offense (as defined
in subsection (a)(1)(D)); or (ii) 4 years after the
termination of the petitioner's last sentence (as
defined in subsection (a)(1)(F)) if the petitioner has
ever been convicted of a criminal offense (as defined
in subsection (a)(1)(D)).
(C) Records identified as eligible under
subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
sealed 4 years after the termination of the
petitioner's last sentence (as defined in subsection
(a)(1)(F)).
(D) Records identified in subsection

(a)(3)(A)(iii) may be sealed after the petitioner has
reached the age of 25 years.
(4) Subsequent felony convictions. A person may not
have subsequent felony conviction records sealed as
provided in this subsection (c) if he or she is convicted
of any felony offense after the date of the sealing of
prior felony convictions as provided in this subsection
(c). The court may, upon conviction for a subsequent felony
offense, order the unsealing of prior felony conviction
records previously ordered sealed by the court.
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the
right to have the records sealed and the procedures for the
sealing of the records.
(d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):
(1) Filing the petition. Upon becoming eligible to
petition for the expungement or sealing of records under
this Section, the petitioner shall file a petition
requesting the expungement or sealing of records with the
clerk of the court where the arrests occurred or the
charges were brought, or both. If arrests occurred or
charges were brought in multiple jurisdictions, a petition
must be filed in each such jurisdiction. The petitioner

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

Methamphetamine Control and Community Protection Act,
or the Cannabis Control Act under clause (c)(2)(F);
(C) seal felony records under subsection (e-5); or
(D) expunge felony records of a qualified
probation under clause (b)(1)(B)(iv).
(4) Service of petition. The circuit court clerk shall
promptly serve a copy of the petition and documentation to
support the petition under subsection (e), (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.
(B) Objections to a petition to expunge or seal
must be filed within 60 days of the date of service of
the petition.
(6) Entry of order.
(A) The Chief Judge of the circuit wherein the
charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less
than 3,000,000 inhabitants, the presiding trial judge

at the petitioner's trial, if any, shall rule on the
petition to expunge or seal as set forth in this
subsection (d)(6).
(B) Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency, or
the chief legal officer files an objection to the
petition to expunge or seal within 60 days from the
date of service of the petition, the court shall enter
an order granting or denying the petition.
(7) Hearings. If an objection is filed, the court shall
set a date for a hearing and notify the petitioner and all
parties entitled to notice of the petition of the hearing
date at least 30 days prior to the hearing. Prior to the
hearing, the State's Attorney shall consult with the
Department as to the appropriateness of the relief sought
in the petition to expunge or seal. At the hearing, the
court shall hear evidence on whether the petition should or
should not be granted, and shall grant or deny the petition
to expunge or seal the records based on the evidence
presented at the hearing. The court may consider the
following:
(A) the strength of the evidence supporting the
defendant's conviction;
(B) the reasons for retention of the conviction
records by the State;
(C) the petitioner's age, criminal record history,

and employment history;
(D) the period of time between the petitioner's
arrest on the charge resulting in the conviction and
the filing of the petition under this Section; and
(E) the specific adverse consequences the
petitioner may be subject to if the petition is denied.
(8) Service of order. After entering an order to
expunge or seal records, the court must provide copies of
the order to the Department, in a form and manner
prescribed by the Department, to the petitioner, to the
State's Attorney or prosecutor charged with the duty of
prosecuting the offense, to the arresting agency, to the
chief legal officer of the unit of local government
effecting the arrest, and to such other criminal justice
agencies as may be ordered by the court.
(9) Implementation of order.
(A) Upon entry of an order to expunge records
pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency,
the Department, and any other agency as ordered by
the court, within 60 days of the date of service of
the order, unless a motion to vacate, modify, or
reconsider the order is filed pursuant to
paragraph (12) of subsection (d) of this Section;
(ii) the records of the circuit court clerk

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

required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Department within 60 days of the date of service of
the order as ordered by the court, unless a motion
to vacate, modify, or reconsider the order is filed
pursuant to paragraph (12) of subsection (d) of
this Section;
(iv) records impounded by the Department may
be disseminated by the Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the
same or a similar offense or for the purpose of
sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for such records
from anyone not authorized by law to access such
records, the court, the Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever
existed.
(B-5) Upon entry of an order to expunge records
under subsection (e-6):

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

sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for these records
from anyone not authorized by law to access the
records, the court, the Department, or the agency
receiving the inquiry shall reply as it does in
response to inquiries when no records ever
existed.
(C) Upon entry of an order to seal records under
subsection (c), the arresting agency, any other agency
as ordered by the court, the Department, and the court
shall seal the records (as defined in subsection
(a)(1)(K)). In response to an inquiry for such records
from anyone not authorized by law to access such
records, the court, the Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever existed.
(D) The Department shall send written notice to the
petitioner of its compliance with each order to expunge
or seal records within 60 days of the date of service
of that order or, if a motion to vacate, modify, or
reconsider is filed, within 60 days of service of the
order resolving the motion, if that order requires the
Department to expunge or seal records. In the event of
an appeal from the circuit court order, the Department

shall send written notice to the petitioner of its
compliance with an Appellate Court or Supreme Court
judgment to expunge or seal records within 60 days of
the issuance of the court's mandate. The notice is not
required while any motion to vacate, modify, or
reconsider, or any appeal or petition for
discretionary appellate review, is pending.
(10) Fees. The Department may charge the petitioner a
fee equivalent to the cost of processing any order to
expunge or seal records. Notwithstanding any provision of
the Clerks of Courts Act to the contrary, the circuit court
clerk may charge a fee equivalent to the cost associated
with the sealing or expungement of records by the circuit
court clerk. From the total filing fee collected for the
petition to seal or expunge, the circuit court clerk shall
deposit $10 into the Circuit Court Clerk Operation and
Administrative Fund, to be used to offset the costs
incurred by the circuit court clerk in performing the
additional duties required to serve the petition to seal or
expunge on all parties. The circuit court clerk shall
collect and forward the Department of State Police portion
of the fee to the Department and it shall be deposited in
the State Police Services Fund.
(11) Final Order. No court order issued under the
expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after

service of the order on the petitioner and all parties
entitled to notice of the petition.
(12) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner or any party entitled to notice may file a
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 60 days
of service of the order. If filed more than 60 days after
service of the order, a petition to vacate, modify, or
reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure. Upon filing of a
motion to vacate, modify, or reconsider, notice of the
motion shall be served upon the petitioner and all parties
entitled to notice of the petition.
(13) Effect of Order. An order granting a petition
under the expungement or sealing provisions of this Section
shall not be considered void because it fails to comply
with the provisions of this Section or because of any error
asserted in a motion to vacate, modify, or reconsider. The
circuit court retains jurisdiction to determine whether
the order is voidable and to vacate, modify, or reconsider
its terms based on a motion filed under paragraph (12) of
this subsection (d).
(14) Compliance with Order Granting Petition to Seal
Records. Unless a court has entered a stay of an order
granting a petition to seal, all parties entitled to notice

of the petition must fully comply with the terms of the
order within 60 days of service of the order even if a
party is seeking relief from the order through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order.
(15) Compliance with Order Granting Petition to
Expunge Records. While a party is seeking relief from the
order granting the petition to expunge through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order, and unless a court has entered a stay
of that order, the parties entitled to notice of the
petition must seal, but need not expunge, the records until
there is a final order on the motion for relief or, in the
case of an appeal, the issuance of that court's mandate.
(16) The changes to this subsection (d) made by Public
Act 98-163 this amendatory Act of the 98th General Assembly
apply to all petitions pending on August 5, 2013 (the
effective date of Public Act 98-163) this amendatory Act of
the 98th General Assembly 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) this amendatory Act of
the 98th General Assembly.
(e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been

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

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

sealing.
(e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for expungement
by the Prisoner Review Board which specifically authorizes
expungement, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the petitioner
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been granted the certificate
but the order shall not affect any index issued by the circuit
court clerk before the entry of the order. All records sealed
by the Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall

have access to all expunged records of the Department
pertaining to that individual. Upon entry of the order of
expungement, the circuit court clerk shall promptly mail a copy
of the order to the person who was granted the certificate of
eligibility for expungement.
(f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of the
Illinois Department of Corrections, records of the Illinois
Department of Employment Security shall be utilized as
appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13;
97-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
1-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150,
eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; revised
9-4-13.)
Section 110. The Governor's Office of Management and Budget
Act is amended by changing Section 2.7 as follows:

(20 ILCS 3005/2.7)
Sec. 2.7. Securities information. To assist those entities
underwriting securities that are payable from State
appropriations, whether issued by the State or by others, by
providing financial and other information regarding the State
to securities investors, nationally recognized securities
information repositories, or the federal Municipal Securities
Rulemaking Board, and to any State information depository as
required by the federal Securities and Exchange Act of 1934 and
the rules promulgated thereunder. The Governor's Office of
Management and Budget is the only State office authorized to
provide such information.
(Source: P.A. 93-25, eff. 6-20-03; revised 9-4-13.)
Section 115. The Capital Development Board Act is amended
by changing Section 14 as follows:
(20 ILCS 3105/14) (from Ch. 127, par. 783.01)
Sec. 14. (a) It is the purpose of this Act to provide for
the promotion and preservation of the arts by securing suitable
works of art for the adornment of public buildings constructed
or subjected to major renovation by the State or which utilize
State funds, and thereby reflecting the diverse cultural
heritage of Illinois, with emphasis on the works of Illinois
artists.

(b) As used in this Act, "works : "Works of art" shall apply
to and include paintings, prints, sculptures, graphics, mural
decorations, stained glass, statues, bas reliefs, ornaments,
fountains, ornamental gateways, or other creative works which
reflect form, beauty and aesthetic perceptions.
(c) Beginning with the fiscal year ending June 30, 1979,
and for each succeeding fiscal year thereafter, for
construction projects managed by the Capital Development
Board, the Capital Development Board shall set aside 1/2 of 1
percent of the amount authorized and appropriated for
construction or reconstruction of each public building
financed in whole or in part by State funds and generally
accessible to and used by the public for purchase and placement
of suitable works of art in such public buildings. The location
and character of the work or works of art to be installed in
such public buildings shall be determined by the Chairperson of
the Illinois Arts Council, in consultation with the designing
architect. The work or works of art shall be in a permanent and
prominent location..
(d) There is created a Fine Arts Review Committee
consisting of the designing architect, the Chairperson of the
Illinois Arts Council or his or her designee, who shall serve
as the chair of the Committee, the Director of the Illinois
State Museum or his or her designee, and a representative of
the using agency. The Committee, after such study as it deems
necessary, shall recommend three artists or works of art in

order of preference. The Chairperson of the Illinois Arts
Council will make the final selection from among the
recommendations submitted. The Illinois Arts Council shall
provide administrative support for the Fine Arts Review
Committee and may promulgate rules to implement this
subsection.
(e) Subsection (c) does not apply to construction projects
for which the amount appropriated is less than $1,000,000.
(f) The Capital Development Board shall enter into a
contract with the artist, or with the owner of the work or
works of art, selected by the Chairperson of the Illinois Arts
Council as provided in subsection (d) of this Section. The
total amount of the contract or contracts shall not exceed the
amount set aside pursuant to subsection (c) of this Section. If
the Capital Development Board cannot reach an agreement with
the artist or owner of the work or works of art, then the Board
shall notify the Chairperson of the Illinois Arts Council, and
the Chairperson may select a different artist or work or works
of art from the three recommendations made by the Fine Arts
Review Committee.
(Source: P.A. 98-572, eff. 1-1-14; revised 11-12-13.)
Section 120. The Illinois Emergency Management Agency Act
is amended by changing Section 21 as follows:
(20 ILCS 3305/21) (from Ch. 127, par. 1071)

Sec. 21. No Private Liability.
(a) Any person owning or controlling real estate or other
premises who voluntarily and without compensation grants a
license or privilege, or otherwise permits the designation or
use of the whole or any part or parts of such real estate or
premises for the purpose of sheltering persons during an actual
or impending disaster, or an a exercise together with his or
her successors in interest, if any, shall not be civilly liable
for negligently causing the death of, or injury to, any person
on or about such real estate or premises under such license,
privilege or other permission, or for negligently causing loss
of, or damage to, the property of such person.
(b) Any private person, firm or corporation and employees
and agents of such person, firm or corporation in the
performance of a contract with, and under the direction of, the
State, or any political subdivision of the State under the
provisions of this Act shall not be civilly liable for causing
the death of, or injury to, any person or damage to any
property except in the event of willful misconduct.
(c) Any private person, firm or corporation, and any
employee or agent of such person, firm or corporation, who
renders assistance or advice at the request of the State, or
any political subdivision of the State under this Act during an
actual or impending disaster, shall not be civilly liable for
causing the death of, or injury to, any person or damage to any
property except in the event of willful misconduct.

The immunities provided in this subsection (c) shall not
apply to any private person, firm or corporation, or to any
employee or agent of such person, firm or corporation whose act
or omission caused in whole or in part such actual or impending
disaster and who would otherwise be liable therefor.
(Source: P.A. 92-73, eff. 1-1-02; revised 10-7-13.)
Section 125. The Illinois Finance Authority Act is amended
by changing Section 801-10 as follows:
(20 ILCS 3501/801-10)
Sec. 801-10. Definitions. The following terms, whenever
used or referred to in this Act, shall have the following
meanings, except in such instances where the context may
clearly indicate otherwise:
(a) The term "Authority" means the Illinois Finance
Authority created by this Act.
(b) The term "project" means an industrial project,
conservation project, housing project, public purpose project,
higher education project, health facility project, cultural
institution project, municipal bond program project,
agricultural facility or agribusiness, and "project" may
include any combination of one or more of the foregoing
undertaken jointly by any person with one or more other
persons.
(c) The term "public purpose project" means any project or

facility, including without limitation land, buildings,
structures, machinery, equipment and all other real and
personal property, which is authorized or required by law to be
acquired, constructed, improved, rehabilitated, reconstructed,
replaced or maintained by any unit of government or any other
lawful public purpose which is authorized or required by law to
be undertaken by any unit of government.
(d) The term "industrial project" means the acquisition,
construction, refurbishment, creation, development or
redevelopment of any facility, equipment, machinery, real
property or personal property for use by any instrumentality of
the State or its political subdivisions, for use by any person
or institution, public or private, for profit or not for
profit, or for use in any trade or business, including, but not
limited to, any industrial, manufacturing or commercial
enterprise that is located within or outside the State,
provided that, with respect to a project involving property
located outside the State, the property must be owned,
operated, leased or managed by an entity located within the
State or an entity affiliated with an entity located within the
State, and which is (1) a capital project, including, but not
limited to: (i) land and any rights therein, one or more
buildings, structures or other improvements, machinery and
equipment, whether now existing or hereafter acquired, and
whether or not located on the same site or sites; (ii) all
appurtenances and facilities incidental to the foregoing,

including, but not limited to, utilities, access roads,
railroad sidings, track, docking and similar facilities,
parking facilities, dockage, wharfage, railroad roadbed,
track, trestle, depot, terminal, switching and signaling or
related equipment, site preparation and landscaping; and (iii)
all non-capital costs and expenses relating thereto or (2) any
addition to, renovation, rehabilitation or improvement of a
capital project or (3) any activity or undertaking within or
outside the State, provided that, with respect to a project
involving property located outside the State, the property must
be owned, operated, leased or managed by an entity located
within the State or an entity affiliated with an entity located
within the State, which the Authority determines will aid,
assist or encourage economic growth, development or
redevelopment within the State or any area thereof, will
promote the expansion, retention or diversification of
employment opportunities within the State or any area thereof
or will aid in stabilizing or developing any industry or
economic sector of the State economy. The term "industrial
project" also means the production of motion pictures.
(e) The term "bond" or "bonds" shall include bonds, notes
(including bond, grant or revenue anticipation notes),
certificates and/or other evidences of indebtedness
representing an obligation to pay money, including refunding
bonds.
(f) The terms "lease agreement" and "loan agreement" shall

mean: (i) an agreement whereby a project acquired by the
Authority by purchase, gift or lease is leased to any person,
corporation or unit of local government which will use or cause
the project to be used as a project as heretofore defined upon
terms providing for lease rental payments at least sufficient
to pay when due all principal of, interest and premium, if any,
on any bonds of the Authority issued with respect to such
project, providing for the maintenance, insuring and operation
of the project on terms satisfactory to the Authority,
providing for disposition of the project upon termination of
the lease term, including purchase options or abandonment of
the premises, and such other terms as may be deemed desirable
by the Authority, or (ii) any agreement pursuant to which the
Authority agrees to loan the proceeds of its bonds issued with
respect to a project or other funds of the Authority to any
person which will use or cause the project to be used as a
project as heretofore defined upon terms providing for loan
repayment installments at least sufficient to pay when due all
principal of, interest and premium, if any, on any bonds of the
Authority, if any, issued with respect to the project, and
providing for maintenance, insurance and other matters as may
be deemed desirable by the Authority.
(g) The term "financial aid" means the expenditure of
Authority funds or funds provided by the Authority through the
issuance of its bonds, notes or other evidences of indebtedness
or from other sources for the development, construction,

acquisition or improvement of a project.
(h) The term "person" means an individual, corporation,
unit of government, business trust, estate, trust, partnership
or association, 2 or more persons having a joint or common
interest, or any other legal entity.
(i) The term "unit of government" means the federal
government, the State or unit of local government, a school
district, or any agency or instrumentality, office, officer,
department, division, bureau, commission, college or
university thereof.
(j) The term "health facility" means: (a) any public or
private institution, place, building, or agency required to be
licensed under the Hospital Licensing Act; (b) any public or
private institution, place, building, or agency required to be
licensed under the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, or the ID/DD
Community Care Act; (c) any public or licensed private hospital
as defined in the Mental Health and Developmental Disabilities
Code; (d) any such facility exempted from such licensure when
the Director of Public Health attests that such exempted
facility meets the statutory definition of a facility subject
to licensure; (e) any other public or private health service
institution, place, building, or agency which the Director of
Public Health attests is subject to certification by the
Secretary, U.S. Department of Health and Human Services under
the Social Security Act, as now or hereafter amended, or which

the Director of Public Health attests is subject to
standard-setting by a recognized public or voluntary
accrediting or standard-setting agency; (f) any public or
private institution, place, building or agency engaged in
providing one or more supporting services to a health facility;
(g) any public or private institution, place, building or
agency engaged in providing training in the healing arts,
including, but not limited to, schools of medicine, dentistry,
osteopathy, optometry, podiatry, pharmacy or nursing, schools
for the training of x-ray, laboratory or other health care
technicians and schools for the training of para-professionals
in the health care field; (h) any public or private congregate,
life or extended care or elderly housing facility or any public
or private home for the aged or infirm, including, without
limitation, any Facility as defined in the Life Care Facilities
Act; (i) any public or private mental, emotional or physical
rehabilitation facility or any public or private educational,
counseling, or rehabilitation facility or home, for those
persons with a developmental disability, those who are
physically ill or disabled, the emotionally disturbed, those
persons with a mental illness or persons with learning or
similar disabilities or problems; (j) any public or private
alcohol, drug or substance abuse diagnosis, counseling
treatment or rehabilitation facility, (k) any public or private
institution, place, building or agency licensed by the
Department of Children and Family Services or which is not so

licensed but which the Director of Children and Family Services
attests provides child care, child welfare or other services of
the type provided by facilities subject to such licensure; (l)
any public or private adoption agency or facility; and (m) any
public or private blood bank or blood center. "Health facility"
also means a public or private structure or structures suitable
primarily for use as a laboratory, laundry, nurses or interns
residence or other housing or hotel facility used in whole or
in part for staff, employees or students and their families,
patients or relatives of patients admitted for treatment or
care in a health facility, or persons conducting business with
a health facility, physician's facility, surgicenter,
administration building, research facility, maintenance,
storage or utility facility and all structures or facilities
related to any of the foregoing or required or useful for the
operation of a health facility, including parking or other
facilities or other supporting service structures required or
useful for the orderly conduct of such health facility. "Health
facility" also means, with respect to a project located outside
the State, any public or private institution, place, building,
or agency which provides services similar to those described
above, provided that such project is owned, operated, leased or
managed by a participating health institution located within
the State, or a participating health institution affiliated
with an entity located within the State.
(k) The term "participating health institution" means (i) a

private corporation or association or (ii) a public entity of
this State, in either case authorized by the laws of this State
or the applicable state to provide or operate a health facility
as defined in this Act and which, pursuant to the provisions of
this Act, undertakes the financing, construction or
acquisition of a project or undertakes the refunding or
refinancing of obligations, loans, indebtedness or advances as
provided in this Act.
(l) The term "health facility project", means a specific
health facility work or improvement to be financed or
refinanced (including without limitation through reimbursement
of prior expenditures), acquired, constructed, enlarged,
remodeled, renovated, improved, furnished, or equipped, with
funds provided in whole or in part hereunder, any accounts
receivable, working capital, liability or insurance cost or
operating expense financing or refinancing program of a health
facility with or involving funds provided in whole or in part
hereunder, or any combination thereof.
(m) The term "bond resolution" means the resolution or
resolutions authorizing the issuance of, or providing terms and
conditions related to, bonds issued under this Act and
includes, where appropriate, any trust agreement, trust
indenture, indenture of mortgage or deed of trust providing
terms and conditions for such bonds.
(n) The term "property" means any real, personal or mixed
property, whether tangible or intangible, or any interest

therein, including, without limitation, any real estate,
leasehold interests, appurtenances, buildings, easements,
equipment, furnishings, furniture, improvements, machinery,
rights of way, structures, accounts, contract rights or any
interest therein.
(o) The term "revenues" means, with respect to any project,
the rents, fees, charges, interest, principal repayments,
collections and other income or profit derived therefrom.
(p) The term "higher education project" means, in the case
of a private institution of higher education, an educational
facility to be acquired, constructed, enlarged, remodeled,
renovated, improved, furnished, or equipped, or any
combination thereof.
(q) The term "cultural institution project" means, in the
case of a cultural institution, a cultural facility to be
acquired, constructed, enlarged, remodeled, renovated,
improved, furnished, or equipped, or any combination thereof.
(r) The term "educational facility" means any property
located within the State, or any property located outside the
State, provided that, if the property is located outside the
State, it must be owned, operated, leased or managed by an
entity located within the State or an entity affiliated with an
entity located within the State, in each case constructed or
acquired before or after the effective date of this Act, which
is or will be, in whole or in part, suitable for the
instruction, feeding, recreation or housing of students, the

conducting of research or other work of a private institution
of higher education, the use by a private institution of higher
education in connection with any educational, research or
related or incidental activities then being or to be conducted
by it, or any combination of the foregoing, including, without
limitation, any such property suitable for use as or in
connection with any one or more of the following: an academic
facility, administrative facility, agricultural facility,
assembly hall, athletic facility, auditorium, boating
facility, campus, communication facility, computer facility,
continuing education facility, classroom, dining hall,
dormitory, exhibition hall, fire fighting facility, fire
prevention facility, food service and preparation facility,
gymnasium, greenhouse, health care facility, hospital,
housing, instructional facility, laboratory, library,
maintenance facility, medical facility, museum, offices,
parking area, physical education facility, recreational
facility, research facility, stadium, storage facility,
student union, study facility, theatre or utility.
(s) The term "cultural facility" means any property located
within the State, or any property located outside the State,
provided that, if the property is located outside the State, it
must be owned, operated, leased or managed by an entity located
within the State or an entity affiliated with an entity located
within the State, in each case constructed or acquired before
or after the effective date of this Act, which is or will be,

in whole or in part, suitable for the particular purposes or
needs of a cultural institution, including, without
limitation, any such property suitable for use as or in
connection with any one or more of the following: an
administrative facility, aquarium, assembly hall, auditorium,
botanical garden, exhibition hall, gallery, greenhouse,
library, museum, scientific laboratory, theater or zoological
facility, and shall also include, without limitation, books,
works of art or music, animal, plant or aquatic life or other
items for display, exhibition or performance. The term
"cultural facility" includes buildings on the National
Register of Historic Places which are owned or operated by
nonprofit entities.
(t) "Private institution of higher education" means a
not-for-profit educational institution which is not owned by
the State or any political subdivision, agency,
instrumentality, district or municipality thereof, which is
authorized by law to provide a program of education beyond the
high school level and which:
(1) Admits as regular students only individuals having
a certificate of graduation from a high school, or the
recognized equivalent of such a certificate;
(2) Provides an educational program for which it awards
a bachelor's degree, or provides an educational program,
admission into which is conditioned upon the prior
attainment of a bachelor's degree or its equivalent, for

which it awards a postgraduate degree, or provides not less
than a 2-year program which is acceptable for full credit
toward such a degree, or offers a 2-year program in
engineering, mathematics, or the physical or biological
sciences which is designed to prepare the student to work
as a technician and at a semiprofessional level in
engineering, scientific, or other technological fields
which require the understanding and application of basic
engineering, scientific, or mathematical principles or
knowledge;
(3) Is accredited by a nationally recognized
accrediting agency or association or, if not so accredited,
is an institution whose credits are accepted, on transfer,
by not less than 3 institutions which are so accredited,
for credit on the same basis as if transferred from an
institution so accredited, and holds an unrevoked
certificate of approval under the Private College Act from
the Board of Higher Education, or is qualified as a "degree
granting institution" under the Academic Degree Act; and
(4) Does not discriminate in the admission of students
on the basis of race or color. "Private institution of
higher education" also includes any "academic
institution".
(u) The term "academic institution" means any
not-for-profit institution which is not owned by the State or
any political subdivision, agency, instrumentality, district

or municipality thereof, which institution engages in, or
facilitates academic, scientific, educational or professional
research or learning in a field or fields of study taught at a
private institution of higher education. Academic institutions
include, without limitation, libraries, archives, academic,
scientific, educational or professional societies,
institutions, associations or foundations having such
purposes.
(v) The term "cultural institution" means any
not-for-profit institution which is not owned by the State or
any political subdivision, agency, instrumentality, district
or municipality thereof, which institution engages in the
cultural, intellectual, scientific, educational or artistic
enrichment of the people of the State. Cultural institutions
include, without limitation, aquaria, botanical societies,
historical societies, libraries, museums, performing arts
associations or societies, scientific societies and zoological
societies.
(w) The term "affiliate" means, with respect to financing
of an agricultural facility or an agribusiness, any lender, any
person, firm or corporation controlled by, or under common
control with, such lender, and any person, firm or corporation
controlling such lender.
(x) The term "agricultural facility" means land, any
building or other improvement thereon or thereto, and any
personal properties deemed necessary or suitable for use,

whether or not now in existence, in farming, ranching, the
production of agricultural commodities (including, without
limitation, the products of aquaculture, hydroponics and
silviculture) or the treating, processing or storing of such
agricultural commodities when such activities are customarily
engaged in by farmers as a part of farming and which land,
building, improvement or personal property is located within
the State, or is located outside the State, provided, that, if
such property is located outside the State, it must be owned,
operated, leased, or managed by an entity located within the
State or an entity affiliated with an entity located within the
State.
(y) The term "lender" with respect to financing of an
agricultural facility or an agribusiness, means any federal or
State chartered bank, Federal Land Bank, Production Credit
Association, Bank for Cooperatives, federal or State chartered
savings and loan association or building and loan association,
Small Business Investment Company or any other institution
qualified within this State to originate and service loans,
including, but without limitation to, insurance companies,
credit unions and mortgage loan companies. "Lender" also means
a wholly owned subsidiary of a manufacturer, seller or
distributor of goods or services that makes loans to businesses
or individuals, commonly known as a "captive finance company".
(z) The term "agribusiness" means any sole proprietorship,
limited partnership, co-partnership, joint venture,

corporation or cooperative which operates or will operate a
facility located within the State or outside the State,
provided, that, if any facility is located outside the State,
it must be owned, operated, leased, or managed by an entity
located within the State or an entity affiliated with an entity
located within the State, that is related to the processing of
agricultural commodities (including, without limitation, the
products of aquaculture, hydroponics and silviculture) or the
manufacturing, production or construction of agricultural
buildings, structures, equipment, implements, and supplies, or
any other facilities or processes used in agricultural
production. Agribusiness includes but is not limited to the
following:
(1) grain handling and processing, including grain
storage, drying, treatment, conditioning, mailing and
packaging;
(2) seed and feed grain development and processing;
(3) fruit and vegetable processing, including
preparation, canning and packaging;
(4) processing of livestock and livestock products,
dairy products, poultry and poultry products, fish or
apiarian products, including slaughter, shearing,
collecting, preparation, canning and packaging;
(5) fertilizer and agricultural chemical
manufacturing, processing, application and supplying;
(6) farm machinery, equipment and implement

manufacturing and supplying;
(7) manufacturing and supplying of agricultural
commodity processing machinery and equipment, including
machinery and equipment used in slaughter, treatment,
handling, collecting, preparation, canning or packaging of
agricultural commodities;
(8) farm building and farm structure manufacturing,
construction and supplying;
(9) construction, manufacturing, implementation,
supplying or servicing of irrigation, drainage and soil and
water conservation devices or equipment;
(10) fuel processing and development facilities that
produce fuel from agricultural commodities or byproducts;
(11) facilities and equipment for processing and
packaging agricultural commodities specifically for
export;
(12) facilities and equipment for forestry product
processing and supplying, including sawmilling operations,
wood chip operations, timber harvesting operations, and
manufacturing of prefabricated buildings, paper, furniture
or other goods from forestry products;
(13) facilities and equipment for research and
development of products, processes and equipment for the
production, processing, preparation or packaging of
agricultural commodities and byproducts.
(aa) The term "asset" with respect to financing of any

agricultural facility or any agribusiness, means, but is not
limited to the following: cash crops or feed on hand; livestock
held for sale; breeding stock; marketable bonds and securities;
securities not readily marketable; accounts receivable; notes
receivable; cash invested in growing crops; net cash value of
life insurance; machinery and equipment; cars and trucks; farm
and other real estate including life estates and personal
residence; value of beneficial interests in trusts; government
payments or grants; and any other assets.
(bb) The term "liability" with respect to financing of any
agricultural facility or any agribusiness shall include, but
not be limited to the following: accounts payable; notes or
other indebtedness owed to any source; taxes; rent; amounts
owed on real estate contracts or real estate mortgages;
judgments; accrued interest payable; and any other liability.
(cc) The term "Predecessor Authorities" means those
authorities as described in Section 845-75.
(dd) The term "housing project" means a specific work or
improvement located within the State or outside the State and
undertaken to provide residential dwelling accommodations,
including the acquisition, construction or rehabilitation of
lands, buildings and community facilities and in connection
therewith to provide nonhousing facilities which are part of
the housing project, including land, buildings, improvements,
equipment and all ancillary facilities for use for offices,
stores, retirement homes, hotels, financial institutions,

service, health care, education, recreation or research
establishments, or any other commercial purpose which are or
are to be related to a housing development, provided that any
work or improvement located outside the State is owned,
operated, leased or managed by an entity located within the
State, or any entity affiliated with an entity located within
the State.
(ee) The term "conservation project" means any project
including the acquisition, construction, rehabilitation,
maintenance, operation, or upgrade that is intended to create
or expand open space or to reduce energy usage through
efficiency measures. For the purpose of this definition, "open
space" has the definition set forth under Section 10 of the
Illinois Open Land Trust Act.
(ff) The term "significant presence" means the existence
within the State of the national or regional headquarters of an
entity or group or such other facility of an entity or group of
entities where a significant amount of the business functions
are performed for such entity or group of entities.
(gg) The term "municipal bond issuer" means the State or
any other state or commonwealth of the United States, or any
unit of local government, school district, agency or
instrumentality, office, department, division, bureau,
commission, college or university thereof located in the State
or any other state or commonwealth of the United States.
(hh) The term "municipal bond program project" means a

program for the funding of the purchase of bonds, notes or
other obligations issued by or on behalf of a municipal bond
issuer.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-90, eff. 7-15-13; 98-104, eff. 7-22-13;
revised 8-9-13.)
Section 130. The Illinois Power Agency Act is amended by
changing Sections 1-57 and 1-92 as follows:
(20 ILCS 3855/1-57)
Sec. 1-57. Facility financing.
(a) The Agency shall have the power (1) to borrow from the
Authority, through one or more Agency loan agreements, the net
proceeds of revenue bonds for costs incurred in connection with
the development and construction of a facility, provided that
the stated maturity date of any of those revenue bonds shall
not exceed 40 years from their respective issuance dates, (2)
to accept prepayments from purchasers of electric energy from a
project and to apply the same to costs incurred in connection
with the development and construction of a facility, subject to
any obligation to refund the same under the circumstances
specified in the purchasers' contract for the purchase and sale
of electric energy from that project, (3) to enter into leases
or similar arrangements to finance the property constituting a
part of a project and associated costs incurred in connection

with the development and construction of a facility, provided
that the term of any such lease or similar arrangement shall
not exceed 40 years from its inception, and (4) to enter into
agreements for the sale of revenue bonds that bear interest at
a rate or rates not exceeding the maximum rate permitted by the
Bond Authorization Act. All Agency loan agreements shall
include terms making the obligations thereunder subject to
redemption before maturity.
(b) The Agency may from time to time engage the services of
the Authority, attorneys, appraisers, architects, engineers,
accountants, credit analysts, bond underwriters, bond
trustees, credit enhancement providers, and other financial
professionals and consultants, if the Agency deems it
advisable.
(c) The Agency may pledge, as security for the payment of
its revenue bonds in respect of a project, (1) revenues derived
from the operation of the project in part or whole, (2) the
real and personal property, machinery, equipment, structures,
fixtures, and inventories directly associated with the
project, (3) grants or other revenues or taxes expected to be
received by the Agency directly linked to the project, (4)
payments to be made by another governmental unit or other
entity pursuant to a service, user, or other similar agreement
with that governmental unit or other entity that is a result of
the project, (5) any other revenues or moneys deposited or to
be deposited directly linked to the project, (6) all design,

engineering, procurement, construction, installation,
management, and operation agreements associated with the
project, (7) any reserve or debt service funds created under
the agreements governing the indebtedness, (8) the Illinois
Power Agency Facilities Fund or the Illinois Power Agency Debt
Service Fund, or (9) any combination thereof. Any such pledge
shall be authorized in a writing, signed by the Director of the
Agency, and then signed by the Governor of Illinois. At no time
shall the funds contained in the Illinois Power Agency Trust
Fund be pledged or used in any way to pay for the indebtedness
of the Agency. The Director shall not authorize the issuance or
grant of any pledge until he or she has certified that any
associated project is in full compliance with Sections 1-85 and
1-86 of this Act. The certification shall be duly attached or
referenced in the agreements reflecting the pledge. Any such
pledge made by the Agency shall be valid and binding from the
time the pledge is made. The revenues, property, or funds that
are pledged and thereafter received by the Agency shall
immediately be subject to the lien of the pledge without any
physical delivery thereof or further act; and, subject only to
the provisions of prior liens, the lien of the pledge shall be
valid and binding as against all parties having claims of any
kind in tort, contract, or otherwise against the Agency
irrespective of whether the parties have notice thereof. All
bonds issued on behalf of the Agency must be issued by the
Authority and must be revenue bonds. These revenue bonds may be

taxable or tax-exempt.
(d) All indebtedness issued by or on behalf of the Agency,
including, without limitation, any revenue bonds issued by the
Authority on behalf of the Agency, shall not be a debt of the
State, the Authority, any political subdivision thereof (other
than the Agency to the extent provided in agreements governing
the indebtedness), any local government, any governmental
aggregator as defined in the this Act, or any local government,
and none of the State, the Authority, any political subdivision
thereof (other than the Agency to the extent provided in
agreements governing the indebtedness), any local government,
or any government aggregator shall be liable thereon. Neither
the Authority nor the Agency shall have the power to pledge the
credit, the revenues, or the taxing power of the State, any
political subdivision thereof (other than the Agency), any
governmental aggregator, or of any local government, and
neither the credit, the revenues, nor the taxing power of the
State, any political subdivision thereof (other than the
Agency), any governmental aggregator, or any local government
shall be, or shall be deemed to be, pledged to the payment of
any revenue bonds, notes, or other obligations of the Agency.
In addition, the agreements governing any issue of indebtedness
shall provide that all holders of that indebtedness, by virtue
of their acquisition thereof, have agreed to waive and release
all claims and causes of action against the State of Illinois
in respect of the indebtedness or any project associated

therewith based on any theory of law. However, the waiver shall
not prohibit the holders of indebtedness issued on behalf of
the Agency from filing any cause of action against or
recovering damages from the Agency, recovering from any
property or funds pledged to secure the indebtedness, or
recovering from any property or funds to which the Agency holds
title, provided the property or funds are directly associated
with the project for which the indebtedness was specifically
issued. Each evidence of indebtedness of the Agency, including
the revenue bonds issued by the Authority on behalf of the
Agency, shall contain a clear and explicit statement of the
provisions of this Section.
(e) The Agency may from time to time enter into an
agreement or agreements to defease indebtedness issued on its
behalf or to refund, at maturity, at a redemption date or in
advance of either, any indebtedness issued on its behalf or
pursuant to redemption provisions or at any time before
maturity. All such refunding indebtedness shall be subject to
the requirements set forth in subsections (a), (c), and (d) of
this Section. No revenue bonds issued to refund or advance
refund revenue bonds issued under this Section may mature later
than the longest maturity date of the series of bonds being
refunded. After the aggregate original principal amount of
revenue bonds authorized in this Section has been issued, the
payment of any principal amount of those revenue bonds does not
authorize the issuance of additional revenue bonds (except

refunding revenue bonds).
(f) If the Agency fails to pay the principal of, interest,
or premium, if any, on any indebtedness as the same becomes
due, a civil action to compel payment may be instituted in the
appropriate circuit court by the holder or holders of the
indebtedness on which the default of payment exists or by any
administrative agent, collateral agent, or indenture trustee
acting on behalf of those holders. Delivery of a summons and a
copy of the complaint to the Director of the Agency shall
constitute sufficient service to give the circuit court
jurisdiction over the subject matter of the suit and
jurisdiction over the Agency and its officers named as
defendants for the purpose of compelling that payment. Any
case, controversy, or cause of action concerning the validity
of this Act shall relate to the revenue of the Agency. Any such
claims and related proceedings are subject in all respects to
the provisions of subsection (d) of this Section. The State of
Illinois shall not be liable or in any other way financially
responsible for any indebtedness issued by or on behalf of the
Agency or the performance or non-performance of any covenants
associated with any such indebtedness. The foregoing statement
shall not prohibit the holders of any indebtedness issued on
behalf of the Agency from filing any cause of action against or
recovering damages from the Agency recovering from any property
pledged to secure that indebtedness or recovering from any
property or funds to which the Agency holds title provided such

property or funds are directly associated with the project for
which the indebtedness is specifically issued.
(g) Upon each delivery of the revenue bonds authorized to
be issued by the Authority under this Act, the Agency shall
compute and certify to the State Comptroller the total amount
of principal of and interest on the Agency loan agreement
supporting the revenue bonds issued that will be payable in
order to retire those revenue bonds and the amount of principal
of and interest on the Agency loan agreement that will be
payable on each payment date during the then current and each
succeeding fiscal year. As soon as possible after the first day
of each month, beginning on the date set forth in the Agency
loan agreement where that date specifies when the Agency shall
begin setting aside revenues and other moneys for repayment of
the revenue bonds per the agreed to schedule, the Agency shall
certify to the Comptroller and the Comptroller shall order
transferred and the Treasurer shall transfer from the Illinois
Power Agency Facilities Fund to the Illinois Power Agency Debt
Service Fund for each month remaining in the State fiscal year
a sum of money, appropriated for that purpose, equal to the
result of the amount of principal of and interest on those
revenue bonds payable on the next payment date divided by the
number of full calendar months between the date of those
revenue bonds, and the first such payment date, and thereafter
divided by the number of months between each succeeding payment
date after the first. The Comptroller is authorized and

directed to draw warrants on the State Treasurer from the
Illinois Power Agency Facilities Fund and the Illinois Power
Agency Debt Service Fund for the amount of all payments of
principal and interest on the Agency loan agreement relating to
the Authority revenue bonds issued under this Act. The State
Treasurer or the State Comptroller shall deposit or cause to be
deposited any amount of grants or other revenues expected to be
received by the Agency that the Agency has pledged to the
payment of revenue bonds directly into the Illinois Power
Agency Debt Service Fund.
(Source: P.A. 95-481, eff. 8-28-07; revised 9-12-13.)
(20 ILCS 3855/1-92)
Sec. 1-92. Aggregation of electrical load by
municipalities, townships, and counties.
(a) The corporate authorities of a municipality, township
board, or county board of a county may adopt an ordinance under
which it may aggregate in accordance with this Section
residential and small commercial retail electrical loads
located, respectively, within the municipality, the township,
or the unincorporated areas of the county and, for that
purpose, may solicit bids and enter into service agreements to
facilitate for those loads the sale and purchase of electricity
and related services and equipment.
The corporate authorities, township board, or county board
may also exercise such authority jointly with any other

municipality, township, or county. Two or more municipalities,
townships, or counties, or a combination of both, may initiate
a process jointly to authorize aggregation by a majority vote
of each particular municipality, township, or county as
required by this Section.
If the corporate authorities, township board, or the county
board seek to operate the aggregation program as an opt-out
program for residential and small commercial retail customers,
then prior to the adoption of an ordinance with respect to
aggregation of residential and small commercial retail
electric loads, the corporate authorities of a municipality,
the township board, or the county board of a county shall
submit a referendum to its residents to determine whether or
not the aggregation program shall operate as an opt-out program
for residential and small commercial retail customers. Any
county board that seeks to submit such a referendum to its
residents shall do so only in unincorporated areas of the
county where no electric aggregation ordinance has been
adopted.
In addition to the notice and conduct requirements of the
general election law, notice of the referendum shall state
briefly the purpose of the referendum. The question of whether
the corporate authorities, the township board, or the county
board shall adopt an opt-out aggregation program for
residential and small commercial retail customers shall be
submitted to the electors of the municipality, township board,

or county board at a regular election and approved by a
majority of the electors voting on the question. The corporate
authorities, township board, or county board must certify to
the proper election authority, which must submit the question
at an election in accordance with the Election Code.
The election authority must submit the question in
substantially the following form:
Shall the (municipality, township, or county in which
the question is being voted upon) have the authority to
arrange for the supply of electricity for its residential
and small commercial retail customers who have not opted
out of such program?
The election authority must record the votes as "Yes" or "No".
If a majority of the electors voting on the question vote
in the affirmative, then the corporate authorities, township
board, or county board may implement an opt-out aggregation
program for residential and small commercial retail customers.
A referendum must pass in each particular municipality,
township, or county that is engaged in the aggregation program.
If the referendum fails, then the corporate authorities,
township board, or county board shall operate the aggregation
program as an opt-in program for residential and small
commercial retail customers.
An ordinance under this Section shall specify whether the
aggregation will occur only with the prior consent of each
person owning, occupying, controlling, or using an electric

load center proposed to be aggregated. Nothing in this Section,
however, authorizes the aggregation of electric loads that are
served or authorized to be served by an electric cooperative as
defined by and pursuant to the Electric Supplier Act or loads
served by a municipality that owns and operates its own
electric distribution system. No aggregation shall take effect
unless approved by a majority of the members of the corporate
authority, township board, or county board voting upon the
ordinance.
A governmental aggregator under this Section is not a
public utility or an alternative retail electric supplier.
For purposes of this Section, "township" means the portion
of a township that is an unincorporated portion of a county
that is not otherwise a part of a municipality. In addition to
such other limitations as are included in this Section, a
township board shall only have authority to aggregate
residential and small commercial customer loads in accordance
with this Section if the county board of the county in which
the township is located (i) is not also submitting a referendum
to its residents at the same general election that the township
board proposes to submit a referendum under this subsection
(a), (ii) has not received authorization through passage of a
referendum to operate an opt-out aggregation program for
residential and small commercial retail customers under this
subsection (a), and (iii) has not otherwise enacted an
ordinance under this subsection (a) authorizing the operation

of an opt-in aggregation program for residential and small
commercial retail customers as described in this Section.
(b) Upon the applicable requisite authority under this
Section, the corporate authorities, the township board, or the
county board, with assistance from the Illinois Power Agency,
shall develop a plan of operation and governance for the
aggregation program so authorized. Before adopting a plan under
this Section, the corporate authorities, township board, or
county board shall hold at least 2 public hearings on the plan.
Before the first hearing, the corporate authorities, township
board, or county board shall publish notice of the hearings
once a week for 2 consecutive weeks in a newspaper of general
circulation in the jurisdiction. The notice shall summarize the
plan and state the date, time, and location of each hearing.
Any load aggregation plan established pursuant to this Section
shall:
(1) provide for universal access to all applicable
residential customers and equitable treatment of
applicable residential customers;
(2) describe demand management and energy efficiency
services to be provided to each class of customers; and
(3) meet any requirements established by law
concerning aggregated service offered pursuant to this
Section.
(c) The process for soliciting bids for electricity and
other related services and awarding proposed agreements for the

purchase of electricity and other related services shall be
conducted in the following order:
(1) The corporate authorities, township board, or
county board may solicit bids for electricity and other
related services. The bid specifications may include a
provision requiring the bidder to disclose the fuel type of
electricity to be procured or generated on behalf of the
aggregation program customers. The corporate authorities,
township board, or county board may consider the proposed
source of electricity to be procured or generated to be put
into the grid on behalf of aggregation program customers in
the competitive bidding process. The Agency and Commission
may collaborate to issue joint guidance on voluntary
uniform standards for bidder disclosures of the source of
electricity to be procured or generated to be put into the
grid on behalf of aggregation program customers.
(1.5) A township board shall request from the electric
utility those residential and small commercial customers
within their aggregate area either by zip code or zip codes
or other means as determined by the electric utility. The
electric utility shall then provide to the township board
the residential and small commercial customers, including
the names and addresses of residential and small commercial
customers, electronically. The township board shall be
responsible for authenticating the residential and small
commercial customers contained in this listing and

providing edits of the data to affirm, add, or delete the
residential and small commercial customers located within
its jurisdiction. The township board shall provide the
edited list to the electric utility in an electronic format
or other means selected by the electric utility and certify
that the information is accurate.
(2) Notwithstanding Section 16-122 of the Public
Utilities Act and Section 2HH of the Consumer Fraud and
Deceptive Business Practices Act, an electric utility that
provides residential and small commercial retail electric
service in the aggregate area must, upon request of the
corporate authorities, township board, or the county board
in the aggregate area, submit to the requesting party, in
an electronic format, those account numbers, names, and
addresses of residential and small commercial retail
customers in the aggregate area that are reflected in the
electric utility's records at the time of the request;
provided, however, that any township board has first
provided an accurate customer list to the electric utility
as provided for herein.
Any corporate authority, township board, or county board
receiving customer information from an electric utility shall
be subject to the limitations on the disclosure of the
information described in Section 16-122 of the Public Utilities
Act and Section 2HH of the Consumer Fraud and Deceptive
Business Practices Act, and an electric utility shall not be

held liable for any claims arising out of the provision of
information pursuant to this item (2).
(d) If the corporate authorities, township board, or county
board operate under an opt-in program for residential and small
commercial retail customers, then the corporate authorities,
township board, or county board shall comply with all of the
following:
(1) Within 60 days after receiving the bids, the
corporate authorities, township board, or county board
shall allow residential and small commercial retail
customers to commit to the terms and conditions of a bid
that has been selected by the corporate authorities,
township board, or county board.
(2) If (A) the corporate authorities, township board,
or county board award proposed agreements for the purchase
of electricity and other related services and (B) an
agreement is reached between the corporate authorities,
township board, or county board for those services, then
customers committed to the terms and conditions according
to item (1) of this subsection (d) shall be committed to
the agreement.
(e) If the corporate authorities, township board, or county
board operate as an opt-out program for residential and small
commercial retail customers, then it shall be the duty of the
aggregated entity to fully inform residential and small
commercial retail customers in advance that they have the right

to opt out of the aggregation program. The disclosure shall
prominently state all charges to be made and shall include full
disclosure of the cost to obtain service pursuant to Section
16-103 of the Public Utilities Act, how to access it, and the
fact that it is available to them without penalty, if they are
currently receiving service under that Section. The Illinois
Power Agency shall furnish, without charge, to any citizen a
list of all supply options available to them in a format that
allows comparison of prices and products.
(f) Any person or entity retained by a municipality or
county, or jointly by more than one such unit of local
government, to provide input, guidance, or advice in the
selection of an electricity supplier for an aggregation program
shall disclose in writing to the involved units of local
government the nature of any relationship through which the
person or entity may receive, either directly or indirectly,
commissions or other remuneration as a result of the selection
of any particular electricity supplier. The written disclosure
must be made prior to formal approval by the involved units of
local government of any professional services agreement with
the person or entity, or no later than October 1, 2012 with
respect to any such professional services agreement entered
into prior to the effective date of this amendatory Act of the
97th General Assembly. The disclosure shall cover all direct
and indirect relationships through which commissions or
remuneration may result, including the pooling of commissions

or remuneration among multiple persons or entities, and shall
identify all involved electricity suppliers. The disclosure
requirements in this subsection (f) are to be liberally
construed to ensure that the nature of financial interests are
fully revealed, and these disclosure requirements shall apply
regardless of whether the involved person or entity is licensed
under Section 16-115C of the Public Utilities Act. Any person
or entity that fails to make the disclosure required under this
subsection (f) is liable to the involved units of local
government in an amount equal to all compensation paid to such
person or entity by the units of local government for the
input, guidance, or advice in the selection of an electricity
supplier, plus reasonable attorneys fees and court costs
incurred by the units of local government in connection with
obtaining such amount.
(g) The Illinois Power Agency shall provide assistance to
municipalities, townships, counties, or associations working
with municipalities to help complete the plan and bidding
process.
(h) This Section does not prohibit municipalities or
counties from entering into an intergovernmental agreement to
aggregate residential and small commercial retail electric
loads.
(Source: P.A. 97-338, eff. 8-12-11; 97-823, eff. 7-18-12;
97-1067, eff. 8-24-12; 98-404, eff. 1-1-14; 98-434, eff.
1-1-14; 98-463, eff. 8-16-13; revised 9-24-13.)

Section 135. The Addison Creek Restoration Commission Act
is amended by changing Section 20 as follows:
(20 ILCS 3901/20)
(Section scheduled to be repealed on January 1, 2015)
Sec. 20. Taxing powers.
(a) After the first Monday in October and by the first
Monday in December in each year, the Commission shall levy the
general taxes for the Commission by general categories for the
next fiscal year. A certified copy of the levy ordinance shall
be filed with the county clerk of each county in which the that
part of the territory of the Commission that is within the
Addison Creek floodplain is located by the last Tuesday in
December each year.
(b) The amount of taxes levied for general corporate
purposes for a fiscal year may not exceed the rate of .01% of
the value, as equalized or assessed by the Department of
Revenue, of the taxable property located within that part of
the territory of the Commission that is within the Addison
Creek floodplain, provided that the total amount levied and
extended under this Section and Section 17, in the aggregate,
in any single taxable year, shall not exceed $10,000,000.
(c) This tax and tax rate are exclusive of the taxes
required for the payment of the principal of and interest on
bonds.

(d) The rate of the tax levied for general corporate
purposes of the Commission may be initially imposed or
thereafter increased, up to the maximum rate identified in
subsection (b), by the Commission by a resolution calling for
the submission of the question of imposing or increasing the
rate to the voters of that part of the territory of the
Commission that is within the Addison Creek floodplain in
accordance with the general election law. The question must be
in substantially the following form:
Shall the Commission be authorized to establish its
general corporate tax rate at (insert rate) on the
equalized assessed value on all taxable property located
within that part of the territory of the Commission that is
within the Addison Creek floodplain for its general
purposes?
The ballot must have printed on it, but not as part of the
proposition submitted, the following: "The approximate impact
of the proposed (tax rate or increase) on the owner of a single
family home having a market value of (insert value) would be
(insert amount) in the first year of the (tax rate or increase)
if the (tax rate or increase) is fully implemented." The ballot
may have printed on it, but not as part of the proposition, one
or both of the following: "The last tax rate extended for the
purposes of the Commission was (insert rate). The last rate
increase approved for the purposes of the Commission was in
(insert year)." No other information needs to be included on

the ballot.
The votes must be recorded as "Yes" or "No".
If a majority of the electors voting on the question vote
in the affirmative, the Commission may thereafter levy the tax.
(Source: P.A. 93-948, eff. 8-19-04; 94-682, eff. 11-3-05;
revised 9-24-13.)
Section 140. The Illinois Criminal Justice Information Act
is amended by changing Sections 3 and 14 as follows:
(20 ILCS 3930/3) (from Ch. 38, par. 210-3)
(Text of Section before amendment by P.A. 98-528)
Sec. 3. Definitions. Whenever used in this Act, and for the
purposes of this Act unless the context clearly denotes
otherwise:
(a) The term "criminal justice system" includes all
activities by public agencies pertaining to the prevention or
reduction of crime or enforcement of the criminal law, and
particularly, but without limitation, the prevention,
detection, and investigation of crime; the apprehension of
offenders; the protection of victims and witnesses; the
administration of juvenile justice; the prosecution and
defense of criminal cases; the trial, conviction, and
sentencing of offenders; as well as the correction and
rehabilitation of offenders, which includes imprisonment,
probation, parole, aftercare release, and treatment.

(b) The term "Authority" means the Illinois Criminal
Justice Information Authority created by this Act.
(c) The term "criminal justice information" means any and
every type of information that is collected, transmitted, or
maintained by the criminal justice system.
(d) The term "criminal history record information" means
data identifiable to an individual and consisting of
descriptions or notations of arrests, detentions, indictments,
informations, pre-trial proceedings, trials, or other formal
events in the criminal justice system or descriptions or
notations of criminal charges (including criminal violations
of local municipal ordinances) and the nature of any
disposition arising therefrom, including sentencing, court or
correctional supervision, rehabilitation, and release. The
term does not apply to statistical records and reports in which
individuals are not identified and from which their identities
are not ascertainable, or to information that is for criminal
investigative or intelligence purposes.
(e) The term "unit of general local government" means any
county, municipality or other general purpose political
subdivision of this State.
(Source: P.A. 98-558, eff. 1-1-14.)
(Text of Section after amendment by P.A. 98-528)
Sec. 3. Definitions. Whenever used in this Act, and for the
purposes of this Act unless the context clearly denotes

otherwise:
(a) The term "criminal justice system" includes all
activities by public agencies pertaining to the prevention or
reduction of crime or enforcement of the criminal law, and
particularly, but without limitation, the prevention,
detection, and investigation of crime; the apprehension of
offenders; the protection of victims and witnesses; the
administration of juvenile justice; the prosecution and
defense of criminal cases; the trial, conviction, and
sentencing of offenders; as well as the correction and
rehabilitation of offenders, which includes imprisonment,
probation, parole, aftercare release, and treatment.
(b) The term "Authority" means the Illinois Criminal
Justice Information Authority created by this Act.
(c) The term "criminal justice information" means any and
every type of information that is collected, transmitted, or
maintained by the criminal justice system.
(d) The term "criminal history record information" means
data identifiable to an individual, including information
collected under Section 4.5 of the Criminal Identification Act,
and consisting of descriptions or notations of arrests,
detentions, indictments, informations, pre-trial proceedings,
trials, or other formal events in the criminal justice system
or descriptions or notations of criminal charges (including
criminal violations of local municipal ordinances) and the
nature of any disposition arising therefrom, including

sentencing, court or correctional supervision, rehabilitation,
and release. The term does not apply to statistical records and
reports in which individuals are not identified and from which
their identities are not ascertainable, or to information that
is for criminal investigative or intelligence purposes.
(e) The term "unit of general local government" means any
county, municipality or other general purpose political
subdivision of this State.
(Source: P.A. 98-528, eff. 1-1-15; 98-558, eff. 1-1-14; revised
9-4-13.)
(20 ILCS 3930/14) (from Ch. 38, par. 210-14)
Sec. 14. Illinois Law Enforcement Commission. Effective
April 1, 1983:
(a) The position of Executive Director of the Illinois Law
Enforcement Commission is abolished;
(b) The Illinois Law Enforcement Commission is abolished,
and the terms and appointments of its members and Chairman are
terminated; and
(Ch. 38, rep. pars. 209-1 through 209-16)
(c) "An Act creating an Illinois Law Enforcement Commission
and defining its powers and duties", approved September 20,
1977, as now or hereafter amended, is repealed.
(Source: P.A. 82-1039; revised 11-14-13.)
Section 145. The Violence Prevention Task Force Act is

amended by changing Section 5 as follows:
(20 ILCS 4028/5)
Sec. 5. Violence Prevention Task Force; members.
(a) There is created the Violence Prevention Task Force
(hereinafter referred to as the Task Force) consisting of 6
members appointed as follows:
(1) one member of the Senate appointed by the
President of the Senate;
(2) one member of the Senate appointed by the
Minority Leader of the Senate;
(3) one member of the House of Representatives
appointed by the Speaker of the House of
Representatives;
(4) one member of the House of Representatives
appointed by the Minority Leader of the House of
Representatives; and
(5) 2 members appointed by the Governor, one of
whom shall be designated the chairperson by the
Governor.
(b) The members of the Task Force shall serve without
compensation but shall be reimbursed for their reasonable and
necessary expenses from funds appropriated for that purpose.
(c) The Task Force may employ skilled experts with the
approval of the chairperson, and shall receive the cooperation
of those State agencies it deems appropriate to assist the Task

Force in carrying out its duties.
(d) The Illinois African-American African American Family
Commission, the Illinois Department of Public Health, and the
Illinois Latino Family Commission shall provide administrative
and other support to the Task Force.
(Source: P.A. 98-194, eff. 8-7-13; revised 9-4-13.)
Section 150. The State Finance Act is amended by setting
forth and renumbering multiple versions of Sections 5.826,
5.827, 5i, and 6z-98 and by changing Section 25 as follows:
(30 ILCS 105/5.826)
Sec. 5.826. The Driver Services Administration Fund.
(Source: P.A. 97-1157, eff. 11-28-13.)
(30 ILCS 105/5.827)
Sec. 5.827. The Illinois State Museum Fund.
(Source: P.A. 97-1136, eff. 1-1-13; 98-463, eff. 8-16-13.)
(30 ILCS 105/5.830)
Sec. 5.830 5.826. The Chicago State University Education
Improvement Fund.
(Source: P.A. 98-18, eff. 6-7-13; revised 10-17-13.)
(30 ILCS 105/5.831)
Sec. 5.831 5.826. The Foreclosure Prevention Program

Graduated Fund.
(Source: P.A. 98-20, eff. 6-11-13; revised 10-17-13.)
(30 ILCS 105/5.832)
Sec. 5.832 5.826. The Mines and Minerals Regulatory Fund.
(Source: P.A. 98-22, eff. 6-17-13; revised 10-17-13.)
(30 ILCS 105/5.833)
Sec. 5.833 5.826. The Gang Crime Witness Protection Program
Fund.
(Source: P.A. 98-58, eff. 7-8-13; revised 10-17-13.)
(30 ILCS 105/5.834)
Sec. 5.834 5.826. The Mental Health Reporting Fund.
(Source: P.A. 98-63, eff. 7-9-13; revised 10-17-13.)
(30 ILCS 105/5.835)
Sec. 5.835 5.826. The National Wild Turkey Federation Fund.
(Source: P.A. 98-66, eff. 1-1-14; revised 10-17-13.)
(30 ILCS 105/5.836)
Sec. 5.836 5.826. The Medicaid Research and Education
Support Fund.
(Source: P.A. 98-104, eff. 7-22-13; revised 10-17-13.)
(30 ILCS 105/5.837)

Sec. 5.837 5.826. The South Suburban Airport Improvement
Fund.
(Source: P.A. 98-109, eff. 7-25-13; revised 10-17-13.)
(30 ILCS 105/5.838)
Sec. 5.838 5.826. The Working Capital Revolving Loan Fund.
(Source: P.A. 98-117, eff. 7-30-13; revised 10-17-13.)
(30 ILCS 105/5.839)
Sec. 5.839 5.826. The Compassionate Use of Medical Cannabis
Fund.
(Source: P.A. 98-122, eff. 1-1-14; revised 10-17-13.)
(30 ILCS 105/5.840)
Sec. 5.840 5.826. The Illinois Nurses Foundation Fund.
(Source: P.A. 98-150, eff. 1-1-14; revised 10-17-13.)
(30 ILCS 105/5.841)
Sec. 5.841 5.826. The American Red Cross Fund.
(Source: P.A. 98-151, eff. 1-1-14; revised 10-17-13.)
(30 ILCS 105/5.842)
Sec. 5.842 5.826. The Illinois Police Benevolent and
Protective Association Fund.
(Source: P.A. 98-233, eff. 1-1-14; revised 10-17-13.)

(30 ILCS 105/5.843)
Sec. 5.843 5.826. The Alzheimer's Awareness Fund.
(Source: P.A. 98-259, eff. 1-1-14; revised 10-17-13.)
(30 ILCS 105/5.844)
Sec. 5.844 5.826. The Supreme Court Special Purposes Fund.
(Source: P.A. 98-324, eff. 10-1-13; revised 10-17-13.)
(30 ILCS 105/5.845)
Sec. 5.845 5.826. The Access to Justice Fund.
(Source: P.A. 98-351, eff. 8-15-13; revised 10-17-13.)
(30 ILCS 105/5.846)
Sec. 5.846 5.826. The Illinois Police K-9 Memorial Fund.
(Source: P.A. 98-360, eff. 1-1-14; revised 10-17-13.)
(30 ILCS 105/5.847)
Sec. 5.847 5.826. The Public Safety Diver Fund.
(Source: P.A. 98-376, eff. 1-1-14; revised 10-17-13.)
(30 ILCS 105/5.848)
Sec. 5.848 5.826. The Committed to a Cure Fund.
(Source: P.A. 98-382, eff. 1-1-14; revised 10-17-13.)
(30 ILCS 105/5.849)
Sec. 5.849 5.826. The Illinois Sheriffs' Association

Scholarship and Training Fund.
(Source: P.A. 98-395, eff. 1-1-14; revised 10-17-13.)
(30 ILCS 105/5.850)
Sec. 5.850 5.826. The Illinois State Police Memorial Park
Fund.
(Source: P.A. 98-469, eff. 8-16-13; revised 10-17-13.)
(30 ILCS 105/5.851)
Sec. 5.851 5.826. The Amusement Ride and Patron Safety
Fund.
(Source: P.A. 98-541, eff. 8-23-13; revised 10-17-13.)
(30 ILCS 105/5.852)
Sec. 5.852 5.827. The State Police Firearm Services Fund.
(Source: P.A. 98-63, eff. 7-9-13; revised 10-17-13.)
(30 ILCS 105/5.853)
Sec. 5.853 5.827. The Curing Childhood Cancer Fund.
(Source: P.A. 98-66, eff. 1-1-14; revised 10-17-13.)
(30 ILCS 105/5.854)
Sec. 5.854 5.827. The South Suburban Brownfields
Redevelopment Fund.
(Source: P.A. 98-109, eff. 7-25-13; revised 10-17-13.)

(30 ILCS 105/5i)
Sec. 5i. Transfers. Each year, the Governor's Office of
Management and Budget shall, at the time set forth for the
submission of the State budget under Section 50-5 of the State
Budget Law, provide to the Chairperson and the Minority
Spokesperson of each of the appropriations committees of the
House of Representatives and the Senate a report of (i) all
full fiscal year transfers from State general funds to any
other special fund of the State in the previous fiscal year and
during the current fiscal year to date, and (ii) all projected
full fiscal year transfers from State general funds to those
funds for the remainder of the current fiscal year and the next
fiscal year, based on estimates prepared by the Governor's
Office of Management and Budget. The report shall include a
detailed summary of the estimates upon which the projected
transfers are based. The report shall also indicate, for each
transfer:
(1) whether or not there is statutory authority for the
transfer;
(2) if there is statutory authority for the transfer,
whether that statutory authority exists for the next fiscal
year; and
(3) whether there is debt service associated with the
transfer.
The General Assembly shall consider the report in the
appropriations process.

(Source: P.A. 98-24, eff. 6-19-13.)
(30 ILCS 105/5j)
Sec. 5j 5i. Closure of State mental health facilities or
developmental disabilities facilities. Consistent with the
provisions of Sections 4.4 and 4.5 of the Community Services
Act, whenever a State mental health facility operated by the
Department of Human Services or a State developmental
disabilities facility operated by the Department of Human
Services is closed, the Department of Human Services, at the
direction of the Governor, shall transfer funds from the closed
facility to the appropriate line item providing appropriation
authority for the new venue of care to facilitate the
transition of services to the new venue of care, provided that
the new venue of care is a Department of Human Services funded
provider or facility.
As used in this Section, the terms "mental health facility"
and "developmental disabilities facility" have the meanings
ascribed to those terms in the Mental Health and Developmental
Disabilities Code.
(Source: P.A. 98-403, eff. 1-1-14; revised 10-17-13.)
(30 ILCS 105/6z-98)
Sec. 6z-98. The Chicago State University Education
Improvement Fund. The Chicago State University Education
Improvement Fund is hereby created as a special fund in the

State treasury. The moneys deposited into the Fund shall be
used by Chicago State University, subject to appropriation, for
expenses incurred by the University. All interest earned on
moneys in the Fund shall remain in the Fund.
(Source: P.A. 98-18, eff. 6-7-13.)
(30 ILCS 105/6z-99)
Sec. 6z-99 6z-98. The Mental Health Reporting Fund.
(a) There is created in the State treasury a special fund
known as the Mental Health Reporting Fund. The Fund shall
receive revenue under the Firearm Concealed Carry Act. The Fund
may also receive revenue from grants, pass-through grants,
donations, appropriations, and any other legal source.
(b) The Department of State Police and Department of Human
Services shall coordinate to use moneys in the Fund to finance
their respective duties of collecting and reporting data on
mental health records and ensuring that mental health firearm
possession prohibitors are enforced as set forth under the
Firearm Concealed Carry Act and the Firearm Owners
Identification Card Act. Any surplus in the Fund beyond what is
necessary to ensure compliance with mental health reporting
under these Acts shall be used by the Department of Human
Services for mental health treatment programs.
(c) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.

(Source: P.A. 98-63, eff. 7-9-13; revised 7-19-13.)
(30 ILCS 105/25) (from Ch. 127, par. 161)
Sec. 25. Fiscal year limitations.
(a) All appropriations shall be available for expenditure
for the fiscal year or for a lesser period if the Act making
that appropriation so specifies. A deficiency or emergency
appropriation shall be available for expenditure only through
June 30 of the year when the Act making that appropriation is
enacted unless that Act otherwise provides.
(b) Outstanding liabilities as of June 30, payable from
appropriations which have otherwise expired, may be paid out of
the expiring appropriations during the 2-month period ending at
the close of business on August 31. Any service involving
professional or artistic skills or any personal services by an
employee whose compensation is subject to income tax
withholding must be performed as of June 30 of the fiscal year
in order to be considered an "outstanding liability as of June
30" that is thereby eligible for payment out of the expiring
appropriation.
(b-1) However, payment of tuition reimbursement claims
under Section 14-7.03 or 18-3 of the School Code may be made by
the State Board of Education from its appropriations for those
respective purposes for any fiscal year, even though the claims
reimbursed by the payment may be claims attributable to a prior
fiscal year, and payments may be made at the direction of the

State Superintendent of Education from the fund from which the
appropriation is made without regard to any fiscal year
limitations, except as required by subsection (j) of this
Section. Beginning on June 30, 2021, payment of tuition
reimbursement claims under Section 14-7.03 or 18-3 of the
School Code as of June 30, payable from appropriations that
have otherwise expired, may be paid out of the expiring
appropriation during the 4-month period ending at the close of
business on October 31.
(b-2) All outstanding liabilities as of June 30, 2010,
payable from appropriations that would otherwise expire at the
conclusion of the lapse period for fiscal year 2010, and
interest penalties payable on those liabilities under the State
Prompt Payment Act, may be paid out of the expiring
appropriations until December 31, 2010, without regard to the
fiscal year in which the payment is made, as long as vouchers
for the liabilities are received by the Comptroller no later
than August 31, 2010.
(b-2.5) All outstanding liabilities as of June 30, 2011,
payable from appropriations that would otherwise expire at the
conclusion of the lapse period for fiscal year 2011, and
interest penalties payable on those liabilities under the State
Prompt Payment Act, may be paid out of the expiring
appropriations until December 31, 2011, without regard to the
fiscal year in which the payment is made, as long as vouchers
for the liabilities are received by the Comptroller no later

than August 31, 2011.
(b-2.6) All outstanding liabilities as of June 30, 2012,
payable from appropriations that would otherwise expire at the
conclusion of the lapse period for fiscal year 2012, and
interest penalties payable on those liabilities under the State
Prompt Payment Act, may be paid out of the expiring
appropriations until December 31, 2012, without regard to the
fiscal year in which the payment is made, as long as vouchers
for the liabilities are received by the Comptroller no later
than August 31, 2012.
(b-2.7) For fiscal years 2012, 2013, and 2014, interest
penalties payable under the State Prompt Payment Act associated
with a voucher for which payment is issued after June 30 may be
paid out of the next fiscal year's appropriation. The future
year appropriation must be for the same purpose and from the
same fund as the original payment. An interest penalty voucher
submitted against a future year appropriation must be submitted
within 60 days after the issuance of the associated voucher,
and the Comptroller must issue the interest payment within 60
days after acceptance of the interest voucher.
(b-3) Medical payments may be made by the Department of
Veterans' Affairs from its appropriations for those purposes
for any fiscal year, without regard to the fact that the
medical services being compensated for by such payment may have
been rendered in a prior fiscal year, except as required by
subsection (j) of this Section. Beginning on June 30, 2021,

medical payments payable from appropriations that have
otherwise expired may be paid out of the expiring appropriation
during the 4-month period ending at the close of business on
October 31.
(b-4) Medical payments and child care payments may be made
by the Department of Human Services (as successor to the
Department of Public Aid) from appropriations for those
purposes for any fiscal year, without regard to the fact that
the medical or child care services being compensated for by
such payment may have been rendered in a prior fiscal year; and
payments may be made at the direction of the Department of
Healthcare and Family Services (or successor agency) from the
Health Insurance Reserve Fund without regard to any fiscal year
limitations, except as required by subsection (j) of this
Section. Beginning on June 30, 2021, medical and child care
payments made by the Department of Human Services and payments
made at the discretion of the Department of Healthcare and
Family Services (or successor agency) from the Health Insurance
Reserve Fund and payable from appropriations that have
otherwise expired may be paid out of the expiring appropriation
during the 4-month period ending at the close of business on
October 31.
(b-5) Medical payments may be made by the Department of
Human Services from its appropriations relating to substance
abuse treatment services for any fiscal year, without regard to
the fact that the medical services being compensated for by

such payment may have been rendered in a prior fiscal year,
provided the payments are made on a fee-for-service basis
consistent with requirements established for Medicaid
reimbursement by the Department of Healthcare and Family
Services, except as required by subsection (j) of this Section.
Beginning on June 30, 2021, medical payments made by the
Department of Human Services relating to substance abuse
treatment services payable from appropriations that have
otherwise expired may be paid out of the expiring appropriation
during the 4-month period ending at the close of business on
October 31.
(b-6) Additionally, payments may be made by the Department
of Human Services from its appropriations, or any other State
agency from its appropriations with the approval of the
Department of Human Services, from the Immigration Reform and
Control Fund for purposes authorized pursuant to the
Immigration Reform and Control Act of 1986, without regard to
any fiscal year limitations, except as required by subsection
(j) of this Section. Beginning on June 30, 2021, payments made
by the Department of Human Services from the Immigration Reform
and Control Fund for purposes authorized pursuant to the
Immigration Reform and Control Act of 1986 payable from
appropriations that have otherwise expired may be paid out of
the expiring appropriation during the 4-month period ending at
the close of business on October 31.
(b-7) Payments may be made in accordance with a plan

authorized by paragraph (11) or (12) of Section 405-105 of the
Department of Central Management Services Law from
appropriations for those payments without regard to fiscal year
limitations.
(b-8) Reimbursements to eligible airport sponsors for the
construction or upgrading of Automated Weather Observation
Systems may be made by the Department of Transportation from
appropriations for those purposes for any fiscal year, without
regard to the fact that the qualification or obligation may
have occurred in a prior fiscal year, provided that at the time
the expenditure was made the project had been approved by the
Department of Transportation prior to June 1, 2012 and, as a
result of recent changes in federal funding formulas, can no
longer receive federal reimbursement.
(b-9) Medical payments not exceeding $150,000,000 may be
made by the Department on Aging from its appropriations
relating to the Community Care Program for fiscal year 2014,
without regard to the fact that the medical services being
compensated for by such payment may have been rendered in a
prior fiscal year, provided the payments are made on a
fee-for-service basis consistent with requirements established
for Medicaid reimbursement by the Department of Healthcare and
Family Services, except as required by subsection (j) of this
Section.
(c) Further, payments may be made by the Department of
Public Health and the Department of Human Services (acting as

successor to the Department of Public Health under the
Department of Human Services Act) from their respective
appropriations for grants for medical care to or on behalf of
premature and high-mortality risk infants and their mothers and
for grants for supplemental food supplies provided under the
United States Department of Agriculture Women, Infants and
Children Nutrition Program, for any fiscal year without regard
to the fact that the services being compensated for by such
payment may have been rendered in a prior fiscal year, except
as required by subsection (j) of this Section. Beginning on
June 30, 2021, payments made by the Department of Public Health
and the Department of Human Services from their respective
appropriations for grants for medical care to or on behalf of
premature and high-mortality risk infants and their mothers and
for grants for supplemental food supplies provided under the
United States Department of Agriculture Women, Infants and
Children Nutrition Program payable from appropriations that
have otherwise expired may be paid out of the expiring
appropriations during the 4-month period ending at the close of
business on October 31.
(d) The Department of Public Health and the Department of
Human Services (acting as successor to the Department of Public
Health under the Department of Human Services Act) shall each
annually submit to the State Comptroller, Senate President,
Senate Minority Leader, Speaker of the House, House Minority
Leader, and the respective Chairmen and Minority Spokesmen of

the Appropriations Committees of the Senate and the House, on
or before December 31, a report of fiscal year funds used to
pay for services provided in any prior fiscal year. This report
shall document by program or service category those
expenditures from the most recently completed fiscal year used
to pay for services provided in prior fiscal years.
(e) The Department of Healthcare and Family Services, the
Department of Human Services (acting as successor to the
Department of Public Aid), and the Department of Human Services
making fee-for-service payments relating to substance abuse
treatment services provided during a previous fiscal year shall
each annually submit to the State Comptroller, Senate
President, Senate Minority Leader, Speaker of the House, House
Minority Leader, the respective Chairmen and Minority
Spokesmen of the Appropriations Committees of the Senate and
the House, on or before November 30, a report that shall
document by program or service category those expenditures from
the most recently completed fiscal year used to pay for (i)
services provided in prior fiscal years and (ii) services for
which claims were received in prior fiscal years.
(f) The Department of Human Services (as successor to the
Department of Public Aid) shall annually submit to the State
Comptroller, Senate President, Senate Minority Leader, Speaker
of the House, House Minority Leader, and the respective
Chairmen and Minority Spokesmen of the Appropriations
Committees of the Senate and the House, on or before December

31, a report of fiscal year funds used to pay for services
(other than medical care) provided in any prior fiscal year.
This report shall document by program or service category those
expenditures from the most recently completed fiscal year used
to pay for services provided in prior fiscal years.
(g) In addition, each annual report required to be
submitted by the Department of Healthcare and Family Services
under subsection (e) shall include the following information
with respect to the State's Medicaid program:
(1) Explanations of the exact causes of the variance
between the previous year's estimated and actual
liabilities.
(2) Factors affecting the Department of Healthcare and
Family Services' liabilities, including but not limited to
numbers of aid recipients, levels of medical service
utilization by aid recipients, and inflation in the cost of
medical services.
(3) The results of the Department's efforts to combat
fraud and abuse.
(h) As provided in Section 4 of the General Assembly
Compensation Act, any utility bill for service provided to a
General Assembly member's district office for a period
including portions of 2 consecutive fiscal years may be paid
from funds appropriated for such expenditure in either fiscal
year.
(i) An agency which administers a fund classified by the

Comptroller as an internal service fund may issue rules for:
(1) billing user agencies in advance for payments or
authorized inter-fund transfers based on estimated charges
for goods or services;
(2) issuing credits, refunding through inter-fund
transfers, or reducing future inter-fund transfers during
the subsequent fiscal year for all user agency payments or
authorized inter-fund transfers received during the prior
fiscal year which were in excess of the final amounts owed
by the user agency for that period; and
(3) issuing catch-up billings to user agencies during
the subsequent fiscal year for amounts remaining due when
payments or authorized inter-fund transfers received from
the user agency during the prior fiscal year were less than
the total amount owed for that period.
User agencies are authorized to reimburse internal service
funds for catch-up billings by vouchers drawn against their
respective appropriations for the fiscal year in which the
catch-up billing was issued or by increasing an authorized
inter-fund transfer during the current fiscal year. For the
purposes of this Act, "inter-fund transfers" means transfers
without the use of the voucher-warrant process, as authorized
by Section 9.01 of the State Comptroller Act.
(i-1) Beginning on July 1, 2021, all outstanding
liabilities, not payable during the 4-month lapse period as
described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and

(c) of this Section, that are made from appropriations for that
purpose for any fiscal year, without regard to the fact that
the services being compensated for by those payments may have
been rendered in a prior fiscal year, are limited to only those
claims that have been incurred but for which a proper bill or
invoice as defined by the State Prompt Payment Act has not been
received by September 30th following the end of the fiscal year
in which the service was rendered.
(j) Notwithstanding any other provision of this Act, the
aggregate amount of payments to be made without regard for
fiscal year limitations as contained in subsections (b-1),
(b-3), (b-4), (b-5), (b-6), and (c) of this Section, and
determined by using Generally Accepted Accounting Principles,
shall not exceed the following amounts:
(1) $6,000,000,000 for outstanding liabilities related
to fiscal year 2012;
(2) $5,300,000,000 for outstanding liabilities related
to fiscal year 2013;
(3) $4,600,000,000 for outstanding liabilities related
to fiscal year 2014;
(4) $4,000,000,000 for outstanding liabilities related
to fiscal year 2015;
(5) $3,300,000,000 for outstanding liabilities related
to fiscal year 2016;
(6) $2,600,000,000 for outstanding liabilities related
to fiscal year 2017;

(7) $2,000,000,000 for outstanding liabilities related
to fiscal year 2018;
(8) $1,300,000,000 for outstanding liabilities related
to fiscal year 2019;
(9) $600,000,000 for outstanding liabilities related
to fiscal year 2020; and
(10) $0 for outstanding liabilities related to fiscal
year 2021 and fiscal years thereafter.
(k) Department of Healthcare and Family Services Medical
Assistance Payments.
(1) Definition of Medical Assistance.
For purposes of this subsection, the term "Medical
Assistance" shall include, but not necessarily be
limited to, medical programs and services authorized
under Titles XIX and XXI of the Social Security Act,
the Illinois Public Aid Code, the Children's Health
Insurance Program Act, the Covering ALL KIDS Health
Insurance Act, the Long Term Acute Care Hospital
Quality Improvement Transfer Program Act, and medical
care to or on behalf of persons suffering from chronic
renal disease, persons suffering from hemophilia, and
victims of sexual assault.
(2) Limitations on Medical Assistance payments that
may be paid from future fiscal year appropriations.
(A) The maximum amounts of annual unpaid Medical
Assistance bills received and recorded by the

Department of Healthcare and Family Services on or
before June 30th of a particular fiscal year
attributable in aggregate to the General Revenue Fund,
Healthcare Provider Relief Fund, Tobacco Settlement
Recovery Fund, Long-Term Care Provider Fund, and the
Drug Rebate Fund that may be paid in total by the
Department from future fiscal year Medical Assistance
appropriations to those funds are: $700,000,000 for
fiscal year 2013 and $100,000,000 for fiscal year 2014
and each fiscal year thereafter.
(B) Bills for Medical Assistance services rendered
in a particular fiscal year, but received and recorded
by the Department of Healthcare and Family Services
after June 30th of that fiscal year, may be paid from
either appropriations for that fiscal year or future
fiscal year appropriations for Medical Assistance.
Such payments shall not be subject to the requirements
of subparagraph (A).
(C) Medical Assistance bills received by the
Department of Healthcare and Family Services in a
particular fiscal year, but subject to payment amount
adjustments in a future fiscal year may be paid from a
future fiscal year's appropriation for Medical
Assistance. Such payments shall not be subject to the
requirements of subparagraph (A).
(D) Medical Assistance payments made by the

Department of Healthcare and Family Services from
funds other than those specifically referenced in
subparagraph (A) may be made from appropriations for
those purposes for any fiscal year without regard to
the fact that the Medical Assistance services being
compensated for by such payment may have been rendered
in a prior fiscal year. Such payments shall not be
subject to the requirements of subparagraph (A).
(3) Extended lapse period for Department of Healthcare
and Family Services Medical Assistance payments.
Notwithstanding any other State law to the contrary,
outstanding Department of Healthcare and Family Services
Medical Assistance liabilities, as of June 30th, payable
from appropriations which have otherwise expired, may be
paid out of the expiring appropriations during the 6-month
period ending at the close of business on December 31st.
(l) The changes to this Section made by Public Act 97-691
shall be effective for payment of Medical Assistance bills
incurred in fiscal year 2013 and future fiscal years. The
changes to this Section made by Public Act 97-691 shall not be
applied to Medical Assistance bills incurred in fiscal year
2012 or prior fiscal years.
(m) The Comptroller must issue payments against
outstanding liabilities that were received prior to the lapse
period deadlines set forth in this Section as soon thereafter
as practical, but no payment may be issued after the 4 months

following the lapse period deadline without the signed
authorization of the Comptroller and the Governor.
(Source: P.A. 97-75, eff. 6-30-11; 97-333, eff. 8-12-11;
97-691, eff. 7-1-12; 97-732, eff. 6-30-12; 97-932, eff.
8-10-12; 98-8, eff. 5-3-13; 98-24, eff. 6-19-13; 98-215, eff.
8-9-13; 98-463, eff. 8-16-13; revised 9-9-13.)
Section 155. The Public Funds Investment Act is amended by
changing Sections 2 and 6.5 as follows:
(30 ILCS 235/2) (from Ch. 85, par. 902)
Sec. 2. Authorized investments.
(a) Any public agency may invest any public funds as
follows:
(1) in bonds, notes, certificates of indebtedness,
treasury bills or other securities now or hereafter issued,
which are guaranteed by the full faith and credit of the
United States of America as to principal and interest;
(2) in bonds, notes, debentures, or other similar
obligations of the United States of America, its agencies,
and its instrumentalities;
(3) in interest-bearing savings accounts,
interest-bearing certificates of deposit or
interest-bearing time deposits or any other investments
constituting direct obligations of any bank as defined by
the Illinois Banking Act;

(4) in short term obligations of corporations
organized in the United States with assets exceeding
$500,000,000 if (i) such obligations are rated at the time
of purchase at one of the 3 highest classifications
established by at least 2 standard rating services and
which mature not later than 270 days from the date of
purchase, (ii) such purchases do not exceed 10% of the
corporation's outstanding obligations and (iii) no more
than one-third of the public agency's funds may be invested
in short term obligations of corporations; or
(5) in money market mutual funds registered under the
Investment Company Act of 1940, provided that the portfolio
of any such money market mutual fund is limited to
obligations described in paragraph (1) or (2) of this
subsection and to agreements to repurchase such
obligations.
(a-1) In addition to any other investments authorized under
this Act, a municipality, park district, forest preserve
district, conservation district, county, or other governmental
unit may invest its public funds in interest bearing bonds of
any county, township, city, village, incorporated town,
municipal corporation, or school district, of the State of
Illinois, of any other state, or of any political subdivision
or agency of the State of Illinois or of any other state,
whether the interest earned thereon is taxable or tax-exempt
under federal law. The bonds shall be registered in the name of

the municipality, park district, forest preserve district,
conservation district, county, or other governmental unit, or
held under a custodial agreement at a bank. The bonds shall be
rated at the time of purchase within the 4 highest general
classifications established by a rating service of nationally
recognized expertise in rating bonds of states and their
political subdivisions.
(b) Investments may be made only in banks which are insured
by the Federal Deposit Insurance Corporation. Any public agency
may invest any public funds in short term discount obligations
of the Federal National Mortgage Association or in shares or
other forms of securities legally issuable by savings banks or
savings and loan associations incorporated under the laws of
this State or any other state or under the laws of the United
States. Investments may be made only in those savings banks or
savings and loan associations the shares, or investment
certificates of which are insured by the Federal Deposit
Insurance Corporation. Any such securities may be purchased at
the offering or market price thereof at the time of such
purchase. All such securities so purchased shall mature or be
redeemable on a date or dates prior to the time when, in the
judgment of such governing authority, the public funds so
invested will be required for expenditure by such public agency
or its governing authority. The expressed judgment of any such
governing authority as to the time when any public funds will
be required for expenditure or be redeemable is final and

conclusive. Any public agency may invest any public funds in
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 any such credit union must be
located within the State of Illinois. Investments may be made
only in those credit unions the accounts of which are insured
by applicable law.
(c) For purposes of this Section, the term "agencies of the
United States of America" includes: (i) the federal land banks,
federal intermediate credit banks, banks for cooperative,
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; and (iii) any other agency created by Act of
Congress.
(d) Except for pecuniary interests permitted under
subsection (f) of Section 3-14-4 of the Illinois Municipal Code
or under Section 3.2 of the Public Officer Prohibited Practices
Act, no person acting as treasurer or financial officer or who
is employed in any similar capacity by or for a public agency
may do any of the following:
(1) have any interest, directly or indirectly, in any
investments in which the agency is authorized to invest.
(2) have any interest, directly or indirectly, in the

sellers, sponsors, or managers of those investments.
(3) receive, in any manner, compensation of any kind
from any investments in which the agency is authorized to
invest.
(e) Any public agency may also invest any public funds in a
Public Treasurers' Investment Pool created under Section 17 of
the State Treasurer Act. Any public agency may also invest any
public funds in a fund managed, operated, and administered by a
bank, subsidiary of a bank, or subsidiary of a bank holding
company or use the services of such an entity to hold and
invest or advise regarding the investment of any public funds.
(f) To the extent a public agency has custody of funds not
owned by it or another public agency and does not otherwise
have authority to invest such funds, the public agency may
invest such funds as if they were its own. Such funds must be
released to the appropriate person at the earliest reasonable
time, but in no case exceeding 31 days, after the private
person becomes entitled to the receipt of them. All earnings
accruing on any investments or deposits made pursuant to the
provisions of this Act shall be credited to the public agency
by or for which such investments or deposits were made, except
as provided otherwise in Section 4.1 of the State Finance Act
or the Local Governmental Tax Collection Act, and except where
by specific statutory provisions such earnings are directed to
be credited to and paid to a particular fund.
(g) A public agency may purchase or invest in 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 said Act and
the regulations issued thereunder. The government securities,
unless registered or inscribed in the name of the public
agency, shall be purchased through banks or trust companies
authorized to do business in the State of Illinois.
(h) Except for repurchase agreements of government
securities which are subject to the Government Securities Act
of 1986, as now or hereafter amended or succeeded, no public
agency may purchase or invest in instruments which constitute
repurchase agreements, and no financial institution may enter
into such an agreement with or on behalf of any public agency
unless the instrument and the transaction meet the following
requirements:
(1) The securities, unless registered or inscribed in
the name of the public agency, are purchased through banks
or trust companies authorized to do business in the State
of Illinois.
(2) An authorized public officer after ascertaining
which firm will give the most favorable rate of interest,
directs the custodial bank to "purchase" specified
securities from a designated institution. The "custodial
bank" is the bank or trust company, or agency of
government, which acts for the public agency in connection
with repurchase agreements involving the investment of

funds by the public agency. The State Treasurer may act as
custodial bank for public agencies executing repurchase
agreements. To the extent the Treasurer acts in this
capacity, he is hereby authorized to pass through to such
public agencies any charges assessed by the Federal Reserve
Bank.
(3) A custodial bank must be a member bank of the
Federal Reserve System or maintain accounts with member
banks. All transfers of book-entry securities must be
accomplished on a Reserve Bank's computer records through a
member bank of the Federal Reserve System. These securities
must be credited to the public agency on the records of the
custodial bank and the transaction must be confirmed in
writing to the public agency by the custodial bank.
(4) Trading partners shall be limited to banks or trust
companies authorized to do business in the State of
Illinois or to registered primary reporting dealers.
(5) The security interest must be perfected.
(6) The public agency enters into a written master
repurchase agreement which outlines the basic
responsibilities and liabilities of both buyer and seller.
(7) Agreements shall be for periods of 330 days or
less.
(8) The authorized public officer of the public agency
informs the custodial bank in writing of the maturity
details of the repurchase agreement.

(9) The custodial bank must take delivery of and
maintain the securities in its custody for the account of
the public agency and confirm the transaction in writing to
the public agency. The Custodial Undertaking shall provide
that the custodian takes possession of the securities
exclusively for the public agency; that the securities are
free of any claims against the trading partner; and any
claims by the custodian are subordinate to the public
agency's claims to rights to those securities.
(10) The obligations purchased by a public agency may
only be sold or presented for redemption or payment by the
fiscal agent bank or trust company holding the obligations
upon the written instruction of the public agency or
officer authorized to make such investments.
(11) The custodial bank shall be liable to the public
agency for any monetary loss suffered by the public agency
due to the failure of the custodial bank to take and
maintain possession of such securities.
(i) Notwithstanding the foregoing restrictions on
investment in instruments constituting repurchase agreements
the Illinois Housing Development Authority may invest in, and
any financial institution with capital of at least $250,000,000
may act as custodian for, instruments that constitute
repurchase agreements, provided that the Illinois Housing
Development Authority, in making each such investment,
complies with the safety and soundness guidelines for engaging

in repurchase transactions applicable to federally insured
banks, savings banks, savings and loan associations or other
depository institutions as set forth in the Federal Financial
Institutions Examination Council Policy Statement Regarding
Repurchase Agreements and any regulations issued, or which may
be issued by the supervisory federal authority pertaining
thereto and any amendments thereto; provided further that the
securities shall be either (i) direct general obligations of,
or obligations the payment of the principal of and/or interest
on which are unconditionally guaranteed by, the United States
of America or (ii) any obligations of any agency, corporation
or subsidiary thereof controlled or supervised by and acting as
an instrumentality of the United States Government pursuant to
authority granted by the Congress of the United States and
provided further that the security interest must be perfected
by either the Illinois Housing Development Authority, its
custodian or its agent receiving possession of the securities
either physically or transferred through a nationally
recognized book entry system.
(j) In addition to all other investments authorized under
this Section, a community college district may invest public
funds in any mutual funds that invest primarily in corporate
investment grade or global government short term bonds.
Purchases of mutual funds that invest primarily in global
government short term bonds shall be limited to funds with
assets of at least $100 million and that are rated at the time

of purchase as one of the 10 highest classifications
established by a recognized rating service. The investments
shall be subject to approval by the local community college
board of trustees. Each community college board of trustees
shall develop a policy regarding the percentage of the
college's investment portfolio that can be invested in such
funds.
Nothing in this Section shall be construed to authorize an
intergovernmental risk management entity to accept the deposit
of public funds except for risk management purposes.
(Source: P.A. 97-129, eff. 7-14-11; 98-297, eff. 1-1-14;
98-390, eff. 8-16-13; revised 9-10-13.)
(30 ILCS 235/6.5)
Sec. 6.5. Federally insured deposits at Illinois financial
institutions.
(a) Notwithstanding any other provision of this Act or any
other statute, whenever a public agency invests public funds in
an interest-bearing savings account, interest-bearing
certificate of deposit, or interest-bearing time deposit under
Section 2 of this Act, the provisions of Section 6 of this Act
and any other statutory requirements pertaining to the
eligibility of a bank to receive or hold public deposits or to
the pledging of collateral by a bank to secure public deposits
do not apply to any bank receiving or holding all or part of
the invested public funds if (i) the public agency initiates

the investment at or through a bank located in Illinois and
(ii) the invested public funds are at all times time fully
insured by an agency or instrumentality of the federal
government.
(b) Nothing in this Section is intended to:
(1) prohibit a public agency from requiring the bank at
or through which the investment of public funds is
initiated to provide the public agency with the information
otherwise required by subsection subsections (a), (b), or
(c) of Section 6 of this Act as a condition of investing
the public funds at or through that bank; or
(2) permit a bank to receive or hold public deposits if
that bank is prohibited from doing so by any rule,
sanction, or order issued by a regulatory agency or by a
court.
(c) For purposes of this Section, the term "bank" includes
any person doing a banking business whether subject to the laws
of this or any other jurisdiction.
(Source: P.A. 93-756, eff. 7-16-04; revised 10-7-13.)
Section 160. The Illinois Procurement Code is amended by
changing Section 1-10 as follows:
(30 ILCS 500/1-10)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which

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.
(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 7 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) Contracts for services to Northern Illinois
University by a person, acting as an independent
contractor, who is qualified by education, experience, and
technical ability and is selected by negotiation for the
purpose of providing non-credit educational service
activities or products by means of specialized programs
offered by the university.
(9) Procurement expenditures by the Illinois
Conservation Foundation when only private funds are used.
(10) Procurement expenditures by the Illinois Health
Information Exchange Authority involving private funds

from the Health Information Exchange Fund. "Private funds"
means gifts, donations, and private grants.
(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.
Notwithstanding any other provision of law, contracts
entered into under item (12) of this subsection (b) shall be
published in the Procurement Bulletin within 14 days after
contract execution. The chief procurement officer shall
prescribe the form and content of the notice. The Illinois
Finance Authority 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
item (12) of this subsection (b). 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 the Code
utilized. A copy of each 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 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) This Code does not apply to the process used by the
Illinois Power Agency to retain a mediator to mediate sourcing
agreement disputes between gas utilities and the clean coal SNG
brownfield facility, as defined in Section 1-10 of the Illinois
Power Agency Act, as required under subsection (h-1) of Section
9-220 of the Public Utilities Act.
(g) This Code does not apply to the processes used by the
Illinois Power Agency to retain a mediator to mediate contract
disputes between gas utilities and the clean coal SNG facility
and to retain an expert to assist in the review of contracts
under subsection (h) of Section 9-220 of the Public Utilities
Act. This Code does not apply to the process used by the
Illinois Commerce Commission to retain an expert to assist in
determining the actual incurred costs of the clean coal SNG
facility and the reasonableness of those costs as required
under subsection (h) of Section 9-220 of the Public Utilities
Act.
(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.
(Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502,
eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12;
97-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13;
98-572, eff. 1-1-14; revised 9-9-13.)
Section 165. The State Mandates Act is amended by changing
Section 8.37 as follows:
(30 ILCS 805/8.37)
Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by Public Act 98-218,
98-389, 98-391, 98-427, 98-599, or 98-622 this amendatory Act
of the 98th General Assembly.
(Source: P.A. 98-218, eff. 8-9-13; 98-389, eff. 8-16-13;
98-391, eff. 8-16-13; 98-427, eff. 8-16-13; 98-599, eff.
6-1-14; 98-622, eff. 6-1-14; revised 1-15-14.)

Section 170. The Illinois Income Tax Act is amended by
changing Sections 201 and 304 as follows:
(35 ILCS 5/201) (from Ch. 120, par. 2-201)
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 January 1, 2025, 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 January 1, 2025, and
ending after December 31, 2024, an amount equal to the sum
of (i) 3.75% of the taxpayer's net income for the period
prior to January 1, 2025, as calculated under Section
202.5, and (ii) 3.25% of the taxpayer's net income for the
period after December 31, 2024, as calculated under Section
202.5.
(5.4) In the case of an individual, trust, or estate,
for taxable years beginning on or after January 1, 2025, an
amount equal to 3.25% 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
January 1, 2025, 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 January 1, 2025, and ending after
December 31, 2024, an amount equal to the sum of (i) 5.25%

of the taxpayer's net income for the period prior to
January 1, 2025, as calculated under Section 202.5, and
(ii) 4.8% of the taxpayer's net income for the period after
December 31, 2024, as calculated under Section 202.5.
(14) In the case of a corporation, for taxable years
beginning on or after January 1, 2025, an amount equal to
4.8% 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.
(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%.
(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).
(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, 2016, 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 this amendatory Act of the
91st General Assembly in construing this Section for taxable
years beginning before January 1, 1999.
(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 $500. In no event shall a
credit under this subsection reduce the taxpayer's liability
under this Act to less than zero. 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 Pilot 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 Pilot 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
Pilot 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. 97-2, eff. 5-6-11; 97-636, eff. 6-1-12; 97-905,
eff. 8-7-12; 98-109, eff. 7-25-13; 98-122, eff. 1-1-14; revised
8-9-13.)

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

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

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

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

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

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

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

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

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

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

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

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

"Customer Channel Termination Point" means the
location where the customer either inputs or receives
the communications.
"Detailed telecommunications billing service"
means an "ancillary service" of separately stating
information pertaining to individual calls on a
customer's billing statement.
"Directory assistance" means an "ancillary
service" of providing telephone number information,
and/or address information.
"Home service provider" means the facilities based
carrier or reseller with which the customer contracts
for the provision of mobile telecommunications
services.
"Mobile telecommunications service" means
commercial mobile radio service, as defined in Section
20.3 of Title 47 of the Code of Federal Regulations as
in effect on June 1, 1999.
"Place of primary use" means the street address
representative of where the customer's use of the
telecommunications service primarily occurs, which
must be the residential street address or the primary
business street address of the customer. In the case of
mobile telecommunications services, "place of primary
use" must be within the licensed service area of the
home service provider.

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

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

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

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

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

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

retail are in this State if the customer's primary
place of use of telecommunications services associated
with those ancillary services is in this State. If the
seller of those ancillary services cannot determine
where the associated telecommunications are located,
then the ancillary services shall be based on the
location of the purchaser.
(vii) Receipts to access a carrier's network or
from the sale of telecommunication services or
ancillary services for resale are in this State as
follows:
(a) 100% of the receipts from access fees
attributable to intrastate telecommunications
service that both originates and terminates in
this State.
(b) 50% of the receipts from access fees
attributable to interstate telecommunications
service if the interstate call either originates
or terminates in this State.
(c) 100% of the receipts from interstate end
user access line charges, if the customer's
service address is in this State. As used in this
subdivision, "interstate end user access line
charges" includes, but is not limited to, the
surcharge approved by the federal communications
commission and levied pursuant to 47 CFR 69.

(d) Gross receipts from sales of
telecommunication services or from ancillary
services for telecommunications services sold to
other telecommunication service providers for
resale shall be sourced to this State using the
apportionment concepts used for non-resale
receipts of telecommunications services if the
information is readily available to make that
determination. If the information is not readily
available, then the taxpayer may use any other
reasonable and consistent method.
(B-7) For taxable years ending on or after December 31,
2008, receipts from the sale of broadcasting services are
in this State if the broadcasting services are received in
this State. For purposes of this paragraph (B-7), the
following terms have the following meanings:
"Advertising revenue" means consideration received
by the taxpayer in exchange for broadcasting services
or allowing the broadcasting of commercials or
announcements in connection with the broadcasting of
film or radio programming, from sponsorships of the
programming, or from product placements in the
programming.
"Audience factor" means the ratio that the
audience or subscribers located in this State of a
station, a network, or a cable system bears to the

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

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

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

customer the broadcasting service is received at
the location of the office of the customer from
which the services were ordered in the regular
course of the customer's trade or business.
Accordingly, in such a case the revenue derived by
the taxpayer that is included in the taxpayer's
Illinois numerator of the sales factor is the
revenue from such customers who receive the
broadcasting service in Illinois.
(v) In the case where film or radio programming
is provided by a taxpayer that is not a network or
station to another person for broadcasting in
exchange for a fee or other remuneration from that
person, the broadcasting service is received at
the location of the office of the customer from
which the services were ordered in the regular
course of the customer's trade or business.
Accordingly, in such a case the revenue derived by
the taxpayer that is included in the taxpayer's
Illinois numerator of the sales factor is the
revenue from such customers who receive the
broadcasting service in Illinois.
(B-8) Gross receipts from winnings under the Illinois
Lottery Law from the assignment of a prize under Section
13-1 of the Illinois Lottery Law are received in this
State. This paragraph (B-8) applies only to taxable years

ending on or after December 31, 2013.
(C) For taxable years ending before December 31, 2008,
sales, other than sales governed by paragraphs (B), (B-1),
(B-2), and (B-8) are in this State if:
(i) The income-producing activity is performed in
this State; or
(ii) The income-producing activity is performed
both within and without this State and a greater
proportion of the income-producing activity is
performed within this State than without this State,
based on performance costs.
(C-5) For taxable years ending on or after December 31,
2008, sales, other than sales governed by paragraphs (B),
(B-1), (B-2), (B-5), and (B-7), are in this State if any of
the following criteria are met:
(i) Sales from the sale or lease of real property
are in this State if the property is located in this
State.
(ii) Sales from the lease or rental of tangible
personal property are in this State if the property is
located in this State during the rental period. Sales
from the lease or rental of tangible personal property
that is characteristically moving property, including,
but not limited to, motor vehicles, rolling stock,
aircraft, vessels, or mobile equipment are in this
State to the extent that the property is used in this

State.
(iii) In the case of interest, net gains (but not
less than zero) and other items of income from
intangible personal property, the sale is in this State
if:
(a) in the case of a taxpayer who is a dealer
in the item of intangible personal property within
the meaning of Section 475 of the Internal Revenue
Code, the income or gain is received from a
customer in this State. For purposes of this
subparagraph, a customer is in this State if the
customer is an individual, trust or estate who is a
resident of this State and, for all other
customers, if the customer's commercial domicile
is in this State. Unless the dealer has actual
knowledge of the residence or commercial domicile
of a customer during a taxable year, the customer
shall be deemed to be a customer in this State if
the billing address of the customer, as shown in
the records of the dealer, is in this State; or
(b) in all other cases, if the
income-producing activity of the taxpayer is
performed in this State or, if the
income-producing activity of the taxpayer is
performed both within and without this State, if a
greater proportion of the income-producing

activity of the taxpayer is performed within this
State than in any other state, based on performance
costs.
(iv) Sales of services are in this State if the
services are received in this State. For the purposes
of this section, gross receipts from the performance of
services provided to a corporation, partnership, or
trust may only be attributed to a state where that
corporation, partnership, or trust has a fixed place of
business. If the state where the services are received
is not readily determinable or is a state where the
corporation, partnership, or trust receiving the
service does not have a fixed place of business, the
services shall be deemed to be received at the location
of the office of the customer from which the services
were ordered in the regular course of the customer's
trade or business. If the ordering office cannot be
determined, the services shall be deemed to be received
at the office of the customer to which the services are
billed. If the taxpayer is not taxable in the state in
which the services are received, the sale must be
excluded from both the numerator and the denominator of
the sales factor. The Department shall adopt rules
prescribing where specific types of service are
received, including, but not limited to, publishing,
and utility service.

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

(b) Insurance companies.
(1) In general. Except as otherwise provided by
paragraph (2), business income of an insurance company for
a taxable year shall be apportioned to this State by
multiplying such income by a fraction, the numerator of
which is the direct premiums written for insurance upon
property or risk in this State, and the denominator of
which is the direct premiums written for insurance upon
property or risk everywhere. For purposes of this
subsection, the term "direct premiums written" means the
total amount of direct premiums written, assessments and
annuity considerations as reported for the taxable year on
the annual statement filed by the company with the Illinois
Director of Insurance in the form approved by the National
Convention of Insurance Commissioners or such other form as
may be prescribed in lieu thereof.
(2) Reinsurance. If the principal source of premiums
written by an insurance company consists of premiums for
reinsurance accepted by it, the business income of such
company shall be apportioned to this State by multiplying
such income by a fraction, the numerator of which is the
sum of (i) direct premiums written for insurance upon
property or risk in this State, plus (ii) premiums written
for reinsurance accepted in respect of property or risk in
this State, and the denominator of which is the sum of
(iii) direct premiums written for insurance upon property

or risk everywhere, plus (iv) premiums written for
reinsurance accepted in respect of property or risk
everywhere. For purposes of this paragraph, premiums
written for reinsurance accepted in respect of property or
risk in this State, whether or not otherwise determinable,
may, at the election of the company, be determined on the
basis of the proportion which premiums written for
reinsurance accepted from companies commercially domiciled
in Illinois bears to premiums written for reinsurance
accepted from all sources, or, alternatively, in the
proportion which the sum of the direct premiums written for
insurance upon property or risk in this State by each
ceding company from which reinsurance is accepted bears to
the sum of the total direct premiums written by each such
ceding company for the taxable year. The election made by a
company under this paragraph for its first taxable year
ending on or after December 31, 2011, shall be binding for
that company for that taxable year and for all subsequent
taxable years, and may be altered only with the written
permission of the Department, which shall not be
unreasonably withheld.
(c) Financial organizations.
(1) In general. For taxable years ending before
December 31, 2008, business income of a financial
organization shall be apportioned to this State by
multiplying such income by a fraction, the numerator of

which is its business income from sources within this
State, and the denominator of which is its business income
from all sources. For the purposes of this subsection, the
business income of a financial organization from sources
within this State is the sum of the amounts referred to in
subparagraphs (A) through (E) following, but excluding the
adjusted income of an international banking facility as
determined in paragraph (2):
(A) Fees, commissions or other compensation for
financial services rendered within this State;
(B) Gross profits from trading in stocks, bonds or
other securities managed within this State;
(C) Dividends, and interest from Illinois
customers, which are received within this State;
(D) Interest charged to customers at places of
business maintained within this State for carrying
debit balances of margin accounts, without deduction
of any costs incurred in carrying such accounts; and
(E) Any other gross income resulting from the
operation as a financial organization within this
State. In computing the amounts referred to in
paragraphs (A) through (E) of this subsection, any
amount received by a member of an affiliated group
(determined under Section 1504(a) of the Internal
Revenue Code but without reference to whether any such
corporation is an "includible corporation" under

Section 1504(b) of the Internal Revenue Code) from
another member of such group shall be included only to
the extent such amount exceeds expenses of the
recipient directly related thereto.
(2) International Banking Facility. For taxable years
ending before December 31, 2008:
(A) Adjusted Income. The adjusted income of an
international banking facility is its income reduced
by the amount of the floor amount.
(B) Floor Amount. The floor amount shall be the
amount, if any, determined by multiplying the income of
the international banking facility by a fraction, not
greater than one, which is determined as follows:
(i) The numerator shall be:
The average aggregate, determined on a
quarterly basis, of the financial organization's
loans to banks in foreign countries, to foreign
domiciled borrowers (except where secured
primarily by real estate) and to foreign
governments and other foreign official
institutions, as reported for its branches,
agencies and offices within the state on its
"Consolidated Report of Condition", Schedule A,
Lines 2.c., 5.b., and 7.a., which was filed with
the Federal Deposit Insurance Corporation and
other regulatory authorities, for the year 1980,

minus
The average aggregate, determined on a
quarterly basis, of such loans (other than loans of
an international banking facility), as reported by
the financial institution for its branches,
agencies and offices within the state, on the
corresponding Schedule and lines of the
Consolidated Report of Condition for the current
taxable year, provided, however, that in no case
shall the amount determined in this clause (the
subtrahend) exceed the amount determined in the
preceding clause (the minuend); and
(ii) the denominator shall be the average
aggregate, determined on a quarterly basis, of the
international banking facility's loans to banks in
foreign countries, to foreign domiciled borrowers
(except where secured primarily by real estate)
and to foreign governments and other foreign
official institutions, which were recorded in its
financial accounts for the current taxable year.
(C) Change to Consolidated Report of Condition and
in Qualification. In the event the Consolidated Report
of Condition which is filed with the Federal Deposit
Insurance Corporation and other regulatory authorities
is altered so that the information required for
determining the floor amount is not found on Schedule

A, lines 2.c., 5.b. and 7.a., the financial institution
shall notify the Department and the Department may, by
regulations or otherwise, prescribe or authorize the
use of an alternative source for such information. The
financial institution shall also notify the Department
should its international banking facility fail to
qualify as such, in whole or in part, or should there
be any amendment or change to the Consolidated Report
of Condition, as originally filed, to the extent such
amendment or change alters the information used in
determining the floor amount.
(3) For taxable years ending on or after December 31,
2008, the business income of a financial organization shall
be apportioned to this State by multiplying such income by
a fraction, the numerator of which is its gross receipts
from sources in this State or otherwise attributable to
this State's marketplace and the denominator of which is
its gross receipts everywhere during the taxable year.
"Gross receipts" for purposes of this subparagraph (3)
means gross income, including net taxable gain on
disposition of assets, including securities and money
market instruments, when derived from transactions and
activities in the regular course of the financial
organization's trade or business. The following examples
are illustrative:
(i) Receipts from the lease or rental of real or

tangible personal property are in this State if the
property is located in this State during the rental
period. Receipts from the lease or rental of tangible
personal property that is characteristically moving
property, including, but not limited to, motor
vehicles, rolling stock, aircraft, vessels, or mobile
equipment are from sources in this State to the extent
that the property is used in this State.
(ii) Interest income, commissions, fees, gains on
disposition, and other receipts from assets in the
nature of loans that are secured primarily by real
estate or tangible personal property are from sources
in this State if the security is located in this State.
(iii) Interest income, commissions, fees, gains on
disposition, and other receipts from consumer loans
that are not secured by real or tangible personal
property are from sources in this State if the debtor
is a resident of this State.
(iv) Interest income, commissions, fees, gains on
disposition, and other receipts from commercial loans
and installment obligations that are not secured by
real or tangible personal property are from sources in
this State if the proceeds of the loan are to be
applied in this State. If it cannot be determined where
the funds are to be applied, the income and receipts
are from sources in this State if the office of the

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

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

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

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

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

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

they are working, irrespective of where the
services of such employees are performed, as of
the last day of the taxable year.
(4) (Blank).
(5) (Blank).
(c-1) Federally regulated exchanges. For taxable years
ending on or after December 31, 2012, business income of a
federally regulated exchange shall, at the option of the
federally regulated exchange, be apportioned to this State by
multiplying such income by a fraction, the numerator of which
is its business income from sources within this State, and the
denominator of which is its business income from all sources.
For purposes of this subsection, the business income within
this State of a federally regulated exchange is the sum of the
following:
(1) Receipts attributable to transactions executed on
a physical trading floor if that physical trading floor is
located in this State.
(2) Receipts attributable to all other matching,
execution, or clearing transactions, including without
limitation receipts from the provision of matching,
execution, or clearing services to another entity,
multiplied by (i) for taxable years ending on or after
December 31, 2012 but before December 31, 2013, 63.77%; and
(ii) for taxable years ending on or after December 31,
2013, 27.54%.

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

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

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

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

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

equitable allocation and apportionment of the person's
business income.
(g) Cross reference. For allocation of business income by
residents, see Section 301(a).
(h) For tax years ending on or after December 31, 1998, the
apportionment factor of persons who apportion their business
income to this State under subsection (a) shall be equal to:
(1) for tax years ending on or after December 31, 1998
and before December 31, 1999, 16 2/3% of the property
factor plus 16 2/3% of the payroll factor plus 66 2/3% of
the sales factor;
(2) for tax years ending on or after December 31, 1999
and before December 31, 2000, 8 1/3% of the property factor
plus 8 1/3% of the payroll factor plus 83 1/3% of the sales
factor;
(3) for tax years ending on or after December 31, 2000,
the sales factor.
If, in any tax year ending on or after December 31, 1998 and
before December 31, 2000, the denominator of the payroll,
property, or sales factor is zero, the apportionment factor
computed in paragraph (1) or (2) of this subsection for that
year shall be divided by an amount equal to 100% minus the
percentage weight given to each factor whose denominator is
equal to zero.
(Source: P.A. 97-507, eff. 8-23-11; 97-636, eff. 6-1-12;
98-478, eff. 1-1-14; 98-496, eff. 1-1-14; revised 9-9-13.)

Section 175. The Use Tax Act is amended by changing
Sections 3-5 and 9 as follows:
(35 ILCS 105/3-5)
Sec. 3-5. Exemptions. Use of the following tangible
personal property is exempt from the tax imposed by this Act:
(1) Personal property purchased from a corporation,
society, association, foundation, institution, or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
(2) Personal property purchased by a not-for-profit
Illinois county fair association for use in conducting,
operating, or promoting the county fair.
(3) Personal property purchased by a not-for-profit arts or
cultural organization that establishes, by proof required by
the Department by rule, that it has received an exemption under
Section 501(c)(3) of the Internal Revenue Code and that is
organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service

organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after the effective date
of this amendatory Act of the 92nd General Assembly, however,
an entity otherwise eligible for this exemption shall not make
tax-free purchases unless it has an active identification
number issued by the Department.
(4) Personal property purchased by a governmental body, by
a corporation, society, association, foundation, or
institution organized and operated exclusively for charitable,
religious, or educational purposes, or by a not-for-profit
corporation, society, association, foundation, institution, or
organization that has no compensated officers or employees and
that is organized and operated primarily for the recreation of
persons 55 years of age or older. A limited liability company
may qualify for the exemption under this paragraph only if the
limited liability company is organized and operated
exclusively for educational purposes. On and after July 1,
1987, however, no entity otherwise eligible for this exemption
shall make tax-free purchases unless it has an active exemption
identification number issued by the Department.
(5) Until July 1, 2003, a passenger car that is a
replacement vehicle to the extent that the purchase price of
the car is subject to the Replacement Vehicle Tax.
(6) Until July 1, 2003 and beginning again on September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new and

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

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

provisions of Section 3-90.
(12) Until June 30, 2013, fuel and petroleum products sold
to or used by an air common carrier, certified by the carrier
to be used for consumption, shipment, or storage in the conduct
of its business as an air common carrier, for a flight destined
for or returning from a location or locations outside the
United States without regard to previous or subsequent domestic
stopovers.
Beginning July 1, 2013, fuel and petroleum products sold to
or used by an air carrier, certified by the carrier to be used
for consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight that (i) is
engaged in foreign trade or is engaged in trade between the
United States and any of its possessions and (ii) transports at
least one individual or package for hire from the city of
origination to the city of final destination on the same
aircraft, without regard to a change in the flight number of
that aircraft.
(13) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption of
food and beverages purchased at retail from a retailer, to the
extent that the proceeds of the service charge are in fact
turned over as tips or as a substitute for tips to the
employees who participate directly in preparing, serving,
hosting or cleaning up the food or beverage function with
respect to which the service charge is imposed.

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

98th General Assembly.
(17) Until July 1, 2003, distillation machinery and
equipment, sold as a unit or kit, assembled or installed by the
retailer, certified by the user to be used only for the
production of ethyl alcohol that will be used for consumption
as motor fuel or as a component of motor fuel for the personal
use of the user, and not subject to sale or resale.
(18) Manufacturing and assembling machinery and equipment
used primarily in the process of manufacturing or assembling
tangible personal property for wholesale or retail sale or
lease, whether that sale or lease is made directly by the
manufacturer or by some other person, whether the materials
used in the process are owned by the manufacturer or some other
person, or whether that sale or lease is made apart from or as
an incident to the seller's engaging in the service occupation
of producing machines, tools, dies, jigs, patterns, gauges, or
other similar items of no commercial value on special order for
a particular purchaser. The exemption provided by this
paragraph (18) does not include machinery and equipment used in
(i) the generation of electricity for wholesale or retail sale;
(ii) the generation or treatment of natural or artificial gas
for wholesale or retail sale that is delivered to customers
through pipes, pipelines, or mains; or (iii) the treatment of
water for wholesale or retail sale that is delivered to
customers through pipes, pipelines, or mains. The provisions of
Public Act 98-583 this amendatory Act of the 98th General

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

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

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

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

than 6 weeks duration and designed to prepare individuals to
follow a trade or to pursue a manual, technical, mechanical,
industrial, business, or commercial occupation.
(28) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 3-90.
(29) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and other
items, and replacement parts for these machines. Beginning
January 1, 2002 and through June 30, 2003, machines and parts
for machines used in commercial, coin-operated amusement and
vending business if a use or occupation tax is paid on the
gross receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph

is exempt from the provisions of Section 3-90.
(30) Beginning January 1, 2001 and through June 30, 2016,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or in a licensed facility as defined
in the ID/DD Community Care Act or the Specialized Mental
Health Rehabilitation Act of 2013.
(31) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, computers and communications
equipment utilized for any hospital purpose and equipment used
in the diagnosis, analysis, or treatment of hospital patients
purchased by a lessor who leases the equipment, under a lease
of one year or longer executed or in effect at the time the
lessor would otherwise be subject to the tax imposed by this
Act, to a hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in
any other nonexempt manner, the lessor shall be liable for the

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

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

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

complete, repair, replace, or maintain aircraft and who (i)
hold an Air Agency Certificate and are empowered to operate an
approved repair station by the Federal Aviation
Administration, (ii) have a Class IV Rating, and (iii) conduct
operations in accordance with Part 145 of the Federal Aviation
Regulations. The exemption does not include aircraft operated
by a commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part 129
of the Federal Aviation Regulations. The changes made to this
paragraph (35) by Public Act 98-534 this amendatory Act of the
98th General Assembly are declarative of existing law.
(36) Tangible personal property purchased by a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt instruments
issued by the public-facilities corporation in connection with
the development of the municipal convention hall. This
exemption includes existing public-facilities corporations as
provided in Section 11-65-25 of the Illinois Municipal Code.
This paragraph is exempt from the provisions of Section 3-90.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-431,

eff. 8-16-11; 97-636, eff. 6-1-12; 97-767, eff. 7-9-12; 98-104,
eff. 7-22-13; 98-422, eff. 8-16-13; 98-456, eff. 8-16-13;
98-534, eff. 8-23-13; 98-574, eff. 1-1-14; 98-583, eff. 1-1-14;
revised 9-9-13.)
(35 ILCS 105/9) (from Ch. 120, par. 439.9)
Sec. 9. Except as to motor vehicles, watercraft, aircraft,
and trailers that are required to be registered with an agency
of this State, each retailer required or authorized to collect
the tax imposed by this Act shall pay to the Department the
amount of such tax (except as otherwise provided) at the time
when he is required to file his return for the period during
which such tax was collected, less a discount of 2.1% prior to
January 1, 1990, and 1.75% on and after January 1, 1990, or $5
per calendar year, whichever is greater, which is allowed to
reimburse the retailer for expenses incurred in collecting the
tax, keeping records, preparing and filing returns, remitting
the tax and supplying data to the Department on request. In the
case of retailers who report and pay the tax on a transaction
by transaction basis, as provided in this Section, such
discount shall be taken with each such tax remittance instead
of when such retailer files his periodic return. The Department
may disallow the discount for retailers whose certificate of
registration is revoked at the time the return is filed, but
only if the Department's decision to revoke the certificate of
registration has become final. A retailer need not remit that

part of any tax collected by him to the extent that he is
required to remit and does remit the tax imposed by the
Retailers' Occupation Tax Act, with respect to the sale of the
same property.
Where such tangible personal property is sold under a
conditional sales contract, or under any other form of sale
wherein the payment of the principal sum, or a part thereof, is
extended beyond the close of the period for which the return is
filed, the retailer, in collecting the tax (except as to motor
vehicles, watercraft, aircraft, and trailers that are required
to be registered with an agency of this State), may collect for
each tax return period, only the tax applicable to that part of
the selling price actually received during such tax return
period.
Except as provided in this Section, on or before the
twentieth day of each calendar month, such retailer shall file
a return for the preceding calendar month. Such return shall be
filed on forms prescribed by the Department and shall furnish
such information as the Department may reasonably require.
The Department may require returns to be filed on a
quarterly basis. If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of the
calendar month following the end of such calendar quarter. The
taxpayer shall also file a return with the Department for each
of the first two months of each calendar quarter, on or before
the twentieth day of the following calendar month, stating:

1. The name of the seller;
2. The address of the principal place of business from
which he engages in the business of selling tangible
personal property at retail in this State;
3. The total amount of taxable receipts received by him
during the preceding calendar month from sales of tangible
personal property by him during such preceding calendar
month, including receipts from charge and time sales, but
less all deductions allowed by law;
4. The amount of credit provided in Section 2d of this
Act;
5. The amount of tax due;
5-5. The signature of the taxpayer; and
6. Such other reasonable information as the Department
may require.
If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown to be
due on the return shall be deemed assessed.
Beginning October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1994, a taxpayer who has
an average monthly tax liability of $100,000 or more shall make
all payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1995, a taxpayer who has

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

All taxpayers required to make payment by electronic funds
transfer and any taxpayers authorized to voluntarily make
payments by electronic funds transfer shall make those payments
in the manner authorized by the Department.
The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
Before October 1, 2000, if the taxpayer's average monthly
tax liability to the Department under this Act, the Retailers'
Occupation Tax Act, the Service Occupation Tax Act, the Service
Use Tax Act was $10,000 or more during the preceding 4 complete
calendar quarters, he shall file a return with the Department
each month by the 20th day of the month next following the
month during which such tax liability is incurred and shall
make payments to the Department on or before the 7th, 15th,
22nd and last day of the month during which such liability is
incurred. On and after October 1, 2000, if the taxpayer's
average monthly tax liability to the Department under this Act,
the Retailers' Occupation Tax Act, the Service Occupation Tax
Act, and the Service Use Tax Act was $20,000 or more during the
preceding 4 complete calendar quarters, he shall file a return
with the Department each month by the 20th day of the month
next following the month during which such tax liability is
incurred and shall make payment to the Department on or before
the 7th, 15th, 22nd and last day of the month during which such
liability is incurred. If the month during which such tax

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

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

than $19,000 or until such taxpayer's average monthly liability
to the Department as computed for each calendar quarter of the
4 preceding complete calendar quarter period is less than
$20,000. However, if a taxpayer can show the Department that a
substantial change in the taxpayer's business has occurred
which causes the taxpayer to anticipate that his average
monthly tax liability for the reasonably foreseeable future
will fall below the $20,000 threshold stated above, then such
taxpayer may petition the Department for a change in such
taxpayer's reporting status. The Department shall change such
taxpayer's reporting status unless it finds that such change is
seasonal in nature and not likely to be long term. If any such
quarter monthly payment is not paid at the time or in the
amount required by this Section, then the taxpayer shall be
liable for penalties and interest on the difference between the
minimum amount due and the amount of such quarter monthly
payment actually and timely paid, except insofar as the
taxpayer has previously made payments for that month to the
Department in excess of the minimum payments previously due as
provided in this Section. The Department shall make reasonable
rules and regulations to govern the quarter monthly payment
amount and quarter monthly payment dates for taxpayers who file
on other than a calendar monthly basis.
If any such payment provided for in this Section exceeds
the taxpayer's liabilities under this Act, the Retailers'
Occupation Tax Act, the Service Occupation Tax Act and the

Service Use Tax Act, as shown by an original monthly return,
the Department shall issue to the taxpayer a credit memorandum
no later than 30 days after the date of payment, which
memorandum may be submitted by the taxpayer to the Department
in payment of tax liability subsequently to be remitted by the
taxpayer to the Department or be assigned by the taxpayer to a
similar taxpayer under this Act, the Retailers' Occupation Tax
Act, the Service Occupation Tax Act or the Service Use Tax Act,
in accordance with reasonable rules and regulations to be
prescribed by the Department, except that if such excess
payment is shown on an original monthly return and is made
after December 31, 1986, no credit memorandum shall be issued,
unless requested by the taxpayer. If no such request is made,
the taxpayer may credit such excess payment against tax
liability subsequently to be remitted by the taxpayer to the
Department under this Act, the Retailers' Occupation Tax Act,
the Service Occupation Tax Act or the Service Use Tax Act, in
accordance with reasonable rules and regulations prescribed by
the Department. If the Department subsequently determines that
all or any part of the credit taken was not actually due to the
taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall
be reduced by 2.1% or 1.75% of the difference between the
credit taken and that actually due, and the taxpayer shall be
liable for penalties and interest on such difference.
If the retailer is otherwise required to file a monthly
return and if the retailer's average monthly tax liability to

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

aircraft, and trailers that are required to be registered with
an agency of this State, every retailer selling this kind of
tangible personal property shall file, with the Department,
upon a form to be prescribed and supplied by the Department, a
separate return for each such item of tangible personal
property which the retailer sells, except that if, in the same
transaction, (i) a retailer of aircraft, watercraft, motor
vehicles or trailers transfers more than one aircraft,
watercraft, motor vehicle or trailer to another aircraft,
watercraft, motor vehicle or trailer retailer for the purpose
of resale or (ii) a retailer of aircraft, watercraft, motor
vehicles, or trailers transfers more than one aircraft,
watercraft, motor vehicle, or trailer to a purchaser for use as
a qualifying rolling stock as provided in Section 3-55 of this
Act, then that seller may report the transfer of all the
aircraft, watercraft, motor vehicles or trailers involved in
that transaction to the Department on the same uniform
invoice-transaction reporting return form. For purposes of
this Section, "watercraft" means a Class 2, Class 3, or Class 4
watercraft as defined in Section 3-2 of the Boat Registration
and Safety Act, a personal watercraft, or any boat equipped
with an inboard motor.
The transaction reporting return in the case of motor
vehicles or trailers that are required to be registered with an
agency of this State, shall be the same document as the Uniform
Invoice referred to in Section 5-402 of the Illinois Vehicle

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

the amount of tax due from the retailer with respect to such
transaction; the amount of tax collected from the purchaser by
the retailer on such transaction (or satisfactory evidence that
such tax is not due in that particular instance, if that is
claimed to be the fact); the place and date of the sale, a
sufficient identification of the property sold, and such other
information as the Department may reasonably require.
Such transaction reporting return shall be filed not later
than 20 days after the date of delivery of the item that is
being sold, but may be filed by the retailer at any time sooner
than that if he chooses to do so. The transaction reporting
return and tax remittance or proof of exemption from the tax
that is imposed by this Act may be transmitted to the
Department by way of the State agency with which, or State
officer with whom, the tangible personal property must be
titled or registered (if titling or registration is required)
if the Department and such agency or State officer determine
that this procedure will expedite the processing of
applications for title or registration.
With each such transaction reporting return, the retailer
shall remit the proper amount of tax due (or shall submit
satisfactory evidence that the sale is not taxable if that is
the case), to the Department or its agents, whereupon the
Department shall issue, in the purchaser's name, a tax receipt
(or a certificate of exemption if the Department is satisfied
that the particular sale is tax exempt) which such purchaser

may submit to the agency with which, or State officer with
whom, he must title or register the tangible personal property
that is involved (if titling or registration is required) in
support of such purchaser's application for an Illinois
certificate or other evidence of title or registration to such
tangible personal property.
No retailer's failure or refusal to remit tax under this
Act precludes a user, who has paid the proper tax to the
retailer, from obtaining his certificate of title or other
evidence of title or registration (if titling or registration
is required) upon satisfying the Department that such user has
paid the proper tax (if tax is due) to the retailer. The
Department shall adopt appropriate rules to carry out the
mandate of this paragraph.
If the user who would otherwise pay tax to the retailer
wants the transaction reporting return filed and the payment of
tax or proof of exemption made to the Department before the
retailer is willing to take these actions and such user has not
paid the tax to the retailer, such user may certify to the fact
of such delay by the retailer, and may (upon the Department
being satisfied of the truth of such certification) transmit
the information required by the transaction reporting return
and the remittance for tax or proof of exemption directly to
the Department and obtain his tax receipt or exemption
determination, in which event the transaction reporting return
and tax remittance (if a tax payment was required) shall be

credited by the Department to the proper retailer's account
with the Department, but without the 2.1% or 1.75% discount
provided for in this Section being allowed. When the user pays
the tax directly to the Department, he shall pay the tax in the
same amount and in the same form in which it would be remitted
if the tax had been remitted to the Department by the retailer.
Where a retailer collects the tax with respect to the
selling price of tangible personal property which he sells and
the purchaser thereafter returns such tangible personal
property and the retailer refunds the selling price thereof to
the purchaser, such retailer shall also refund, to the
purchaser, the tax so collected from the purchaser. When filing
his return for the period in which he refunds such tax to the
purchaser, the retailer may deduct the amount of the tax so
refunded by him to the purchaser from any other use tax which
such retailer may be required to pay or remit to the
Department, as shown by such return, if the amount of the tax
to be deducted was previously remitted to the Department by
such retailer. If the retailer has not previously remitted the
amount of such tax to the Department, he is entitled to no
deduction under this Act upon refunding such tax to the
purchaser.
Any retailer filing a return under this Section shall also
include (for the purpose of paying tax thereon) the total tax
covered by such return upon the selling price of tangible
personal property purchased by him at retail from a retailer,

but as to which the tax imposed by this Act was not collected
from the retailer filing such return, and such retailer shall
remit the amount of such tax to the Department when filing such
return.
If experience indicates such action to be practicable, the
Department may prescribe and furnish a combination or joint
return which will enable retailers, who are required to file
returns hereunder and also under the Retailers' Occupation Tax
Act, to furnish all the return information required by both
Acts on the one form.
Where the retailer has more than one business registered
with the Department under separate registration under this Act,
such retailer may not file each return that is due as a single
return covering all such registered businesses, but shall file
separate returns for each such registered business.
Beginning January 1, 1990, each month the Department shall
pay into the State and Local Sales Tax Reform Fund, a special
fund in the State Treasury which is hereby created, the net
revenue realized for the preceding month from the 1% tax on
sales of food for human consumption which is to be consumed off
the premises where it is sold (other than alcoholic beverages,
soft drinks and food which has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances and insulin, urine testing
materials, syringes and needles used by diabetics.
Beginning January 1, 1990, each month the Department shall

pay into the County and Mass Transit District Fund 4% of the
net revenue realized for the preceding month from the 6.25%
general rate on the selling price of tangible personal property
which is purchased outside Illinois at retail from a retailer
and which is titled or registered by an agency of this State's
government.
Beginning January 1, 1990, each month the Department shall
pay into the State and Local Sales Tax Reform Fund, a special
fund in the State Treasury, 20% of the net revenue realized for
the preceding month from the 6.25% general rate on the selling
price of tangible personal property, other than tangible
personal property which is purchased outside Illinois at retail
from a retailer and which is titled or registered by an agency
of this State's government.
Beginning August 1, 2000, each month the Department shall
pay into the State and Local Sales Tax Reform Fund 100% of the
net revenue realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol. Beginning
September 1, 2010, each month the Department shall pay into the
State and Local Sales Tax Reform Fund 100% of the net revenue
realized for the preceding month from the 1.25% rate on the
selling price of sales tax holiday items.
Beginning January 1, 1990, each month the Department shall
pay into the Local Government Tax Fund 16% of the net revenue
realized for the preceding month from the 6.25% general rate on
the selling price of tangible personal property which is

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

payment into the Underground Storage Tank Fund under this Act,
the Service Use Tax Act, the Service Occupation Tax Act, and
the Retailers' Occupation Tax Act shall not exceed $18,000,000
in any State fiscal year. As used in this paragraph, the
"average monthly deficit" shall be equal to the difference
between the average monthly claims for payment by the fund and
the average monthly revenues deposited into the fund, excluding
payments made pursuant to this paragraph.
Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into the
Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
and after July 1, 1989, 3.8% thereof shall be paid into the
Build Illinois Fund; provided, however, that if in any fiscal
year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
may be, of the moneys received by the Department and required
to be paid into the Build Illinois Fund pursuant to Section 3
of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
Act, Section 9 of the Service Use Tax Act, and Section 9 of the
Service Occupation Tax Act, such Acts being hereinafter called
the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
may be, of moneys being hereinafter called the "Tax Act
Amount", and (2) the amount transferred to the Build Illinois
Fund from the State and Local Sales Tax Reform Fund shall be
less than the Annual Specified Amount (as defined in Section 3
of the Retailers' Occupation Tax Act), an amount equal to the
difference shall be immediately paid into the Build Illinois

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

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

provided under Section 8.25f of the State Finance Act, but not
in excess of the sums designated as "Total Deposit", shall be
deposited in the aggregate from collections under Section 9 of
the Use Tax Act, Section 9 of the Service Use Tax Act, Section
9 of the Service Occupation Tax Act, and Section 3 of the
Retailers' Occupation Tax Act into the McCormick Place
Expansion Project Fund in the specified fiscal years.
Fiscal Year Total Deposit
1993 $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 93,000,000
2003 99,000,000
2004 103,000,000
2005 108,000,000
2006 113,000,000
2007 119,000,000
2008 126,000,000
2009 132,000,000
2010 139,000,000

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

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

and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning with the receipt of the first report of
taxes paid by an eligible business and continuing for a 25-year
period, the Department shall each month pay into the Energy
Infrastructure Fund 80% of the net revenue realized from the
6.25% general rate on the selling price of Illinois-mined coal
that was sold to an eligible business. For purposes of this
paragraph, the term "eligible business" means a new electric
generating facility certified pursuant to Section 605-332 of
the Department of Commerce and Economic Opportunity Law of the
Civil Administrative Code of Illinois.
Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof shall be paid into the State
Treasury and 25% shall be reserved in a special account and
used only for the transfer to the Common School Fund as part of
the monthly transfer from the General Revenue Fund in
accordance with Section 8a of the State Finance Act.
As soon as possible after the first day of each month, upon
certification of the Department of Revenue, the Comptroller
shall order transferred and the Treasurer shall transfer from
the General Revenue Fund to the Motor Fuel Tax Fund an amount
equal to 1.7% of 80% of the net revenue realized under this Act
for the second preceding month. Beginning April 1, 2000, this
transfer is no longer required and shall not be made.
Net revenue realized for a month shall be the revenue

collected by the State pursuant to this Act, less the amount
paid out during that month as refunds to taxpayers for
overpayment of liability.
For greater simplicity of administration, manufacturers,
importers and wholesalers whose products are sold at retail in
Illinois by numerous retailers, and who wish to do so, may
assume the responsibility for accounting and paying to the
Department all tax accruing under this Act with respect to such
sales, if the retailers who are affected do not make written
objection to the Department to this arrangement.
(Source: P.A. 97-95, eff. 7-12-11; 97-333, eff. 8-12-11; 98-24,
eff. 6-19-13; 98-109, eff. 7-25-13; 98-496, eff. 1-1-14;
revised 9-9-13.)
Section 180. The Service Use Tax Act is amended by changing
Sections 3-5, 3-10, and 9 as follows:
(35 ILCS 110/3-5)
Sec. 3-5. Exemptions. Use of the following tangible
personal property is exempt from the tax imposed by this Act:
(1) Personal property purchased from a corporation,
society, association, foundation, institution, or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the

purpose of resale by the enterprise.
(2) Personal property purchased by a non-profit Illinois
county fair association for use in conducting, operating, or
promoting the county fair.
(3) Personal property purchased by a not-for-profit arts or
cultural organization that establishes, by proof required by
the Department by rule, that it has received an exemption under
Section 501(c)(3) of the Internal Revenue Code and that is
organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after the effective date
of this amendatory Act of the 92nd General Assembly, however,
an entity otherwise eligible for this exemption shall not make
tax-free purchases unless it has an active identification
number issued by the Department.
(4) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
(5) Until July 1, 2003 and beginning again on September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new and

used, and including that manufactured on special order or
purchased for lease, certified by the purchaser to be used
primarily for graphic arts production. Equipment includes
chemicals or chemicals acting as catalysts but only if the
chemicals or chemicals acting as catalysts effect a direct and
immediate change upon a graphic arts product.
(6) Personal property purchased from a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
(7) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to
be registered under Section 3-809 of the Illinois Vehicle Code,
but excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses or
hoop houses used for propagating, growing, or overwintering
plants shall be considered farm machinery and equipment under
this item (7). Agricultural chemical tender tanks and dry boxes
shall include units sold separately from a motor vehicle
required to be licensed and units sold mounted on a motor

vehicle required to be licensed if the selling price of the
tender is separately stated.
Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals. This item (7) is exempt from the
provisions of Section 3-75.
(8) Until June 30, 2013, fuel and petroleum products sold
to or used by an air common carrier, certified by the carrier
to be used for consumption, shipment, or storage in the conduct
of its business as an air common carrier, for a flight destined
for or returning from a location or locations outside the
United States without regard to previous or subsequent domestic
stopovers.
Beginning July 1, 2013, fuel and petroleum products sold to

or used by an air carrier, certified by the carrier to be used
for consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight that (i) is
engaged in foreign trade or is engaged in trade between the
United States and any of its possessions and (ii) transports at
least one individual or package for hire from the city of
origination to the city of final destination on the same
aircraft, without regard to a change in the flight number of
that aircraft.
(9) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption of
food and beverages acquired as an incident to the purchase of a
service from a serviceman, to the extent that the proceeds of
the service charge are in fact turned over as tips or as a
substitute for tips to the employees who participate directly
in preparing, serving, hosting or cleaning up the food or
beverage function with respect to which the service charge is
imposed.
(10) Until July 1, 2003, oil field exploration, drilling,
and production equipment, including (i) rigs and parts of rigs,
rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
tubular goods, including casing and drill strings, (iii) pumps
and pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles

required to be registered under the Illinois Vehicle Code.
(11) Proceeds from the sale of photoprocessing machinery
and equipment, including repair and replacement parts, both new
and used, including that manufactured on special order,
certified by the purchaser to be used primarily for
photoprocessing, and including photoprocessing machinery and
equipment purchased for lease.
(12) Coal and aggregate exploration, mining, off-highway
offhighway hauling, processing, maintenance, and reclamation
equipment, including replacement parts and equipment, and
including equipment purchased for lease, but excluding motor
vehicles required to be registered under the Illinois Vehicle
Code. The changes made to this Section by Public Act 97-767
apply on and after July 1, 2003, but no claim for credit or
refund is allowed on or after August 16, 2013 (the effective
date of Public Act 98-456) this amendatory Act of the 98th
General Assembly for such taxes paid during the period
beginning July 1, 2003 and ending on August 16, 2013 (the
effective date of Public Act 98-456) this amendatory Act of the
98th General Assembly.
(13) Semen used for artificial insemination of livestock
for direct agricultural production.
(14) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or

Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes. This item (14) is exempt from the provisions
of Section 3-75, and the exemption provided for under this item
(14) applies for all periods beginning May 30, 1995, but no
claim for credit or refund is allowed on or after the effective
date of this amendatory Act of the 95th General Assembly for
such taxes paid during the period beginning May 30, 2000 and
ending on the effective date of this amendatory Act of the 95th
General Assembly.
(15) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in
any other non-exempt manner, the lessor shall be liable for the
tax imposed under this Act or the Use Tax Act, as the case may
be, based on the fair market value of the property at the time
the non-qualifying use occurs. No lessor shall collect or
attempt to collect an amount (however designated) that purports
to reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid by

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

December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated for
disaster relief to be used in a State or federally declared
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster
who reside within the declared disaster area.
(18) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in the
performance of infrastructure repairs in this State, including
but not limited to municipal roads and streets, access roads,
bridges, sidewalks, waste disposal systems, water and sewer
line extensions, water distribution and purification
facilities, storm water drainage and retention facilities, and
sewage treatment facilities, resulting from a State or
federally declared disaster in Illinois or bordering Illinois
when such repairs are initiated on facilities located in the
declared disaster area within 6 months after the disaster.
(19) Beginning July 1, 1999, game or game birds purchased
at a "game breeding and hunting preserve area" as that term is
used in the Wildlife Code. This paragraph is exempt from the
provisions of Section 3-75.
(20) A motor vehicle, as that term is defined in Section

1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the Department
to be organized and operated exclusively for educational
purposes. For purposes of this exemption, "a corporation,
limited liability company, society, association, foundation,
or institution organized and operated exclusively for
educational purposes" means all tax-supported public schools,
private schools that offer systematic instruction in useful
branches of learning by methods common to public schools and
that compare favorably in their scope and intensity with the
course of study presented in tax-supported schools, and
vocational or technical schools or institutes organized and
operated exclusively to provide a course of study of not less
than 6 weeks duration and designed to prepare individuals to
follow a trade or to pursue a manual, technical, mechanical,
industrial, business, or commercial occupation.
(21) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising

entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 3-75.
(22) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and other
items, and replacement parts for these machines. Beginning
January 1, 2002 and through June 30, 2003, machines and parts
for machines used in commercial, coin-operated amusement and
vending business if a use or occupation tax is paid on the
gross receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 3-75.
(23) Beginning August 23, 2001 and through June 30, 2016,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or in a licensed facility as defined

in the ID/DD Community Care Act or the Specialized Mental
Health Rehabilitation Act of 2013.
(24) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, computers and communications
equipment utilized for any hospital purpose and equipment used
in the diagnosis, analysis, or treatment of hospital patients
purchased by a lessor who leases the equipment, under a lease
of one year or longer executed or in effect at the time the
lessor would otherwise be subject to the tax imposed by this
Act, to a hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in
any other nonexempt manner, the lessor shall be liable for the
tax imposed under this Act or the Use Tax Act, as the case may
be, based on the fair market value of the property at the time
the nonqualifying use occurs. No lessor shall collect or
attempt to collect an amount (however designated) that purports
to reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid by
the lessor. If a lessor improperly collects any such amount
from the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that amount
is not refunded to the lessee for any reason, the lessor is
liable to pay that amount to the Department. This paragraph is
exempt from the provisions of Section 3-75.

(25) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, personal property purchased by a
lessor who leases the property, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
governmental body that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the property is leased in a
manner that does not qualify for this exemption or is used in
any other nonexempt manner, the lessor shall be liable for the
tax imposed under this Act or the Use Tax Act, as the case may
be, based on the fair market value of the property at the time
the nonqualifying use occurs. No lessor shall collect or
attempt to collect an amount (however designated) that purports
to reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid by
the lessor. If a lessor improperly collects any such amount
from the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that amount
is not refunded to the lessee for any reason, the lessor is
liable to pay that amount to the Department. This paragraph is
exempt from the provisions of Section 3-75.
(26) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit

corporation that holds a valid water supply permit issued under
Title IV of the Environmental Protection Act. This paragraph is
exempt from the provisions of Section 3-75.
(27) Beginning January 1, 2010, materials, parts,
equipment, components, and furnishings incorporated into or
upon an aircraft as part of the modification, refurbishment,
completion, replacement, repair, or maintenance of the
aircraft. This exemption includes consumable supplies used in
the modification, refurbishment, completion, replacement,
repair, and maintenance of aircraft, but excludes any
materials, parts, equipment, components, and consumable
supplies used in the modification, replacement, repair, and
maintenance of aircraft engines or power plants, whether such
engines or power plants are installed or uninstalled upon any
such aircraft. "Consumable supplies" include, but are not
limited to, adhesive, tape, sandpaper, general purpose
lubricants, cleaning solution, latex gloves, and protective
films. This exemption applies only to the use of qualifying
tangible personal property transferred incident to the
modification, refurbishment, completion, replacement, repair,
or maintenance of aircraft by persons who (i) hold an Air
Agency Certificate and are empowered to operate an approved
repair station by the Federal Aviation Administration, (ii)
have a Class IV Rating, and (iii) conduct operations in
accordance with Part 145 of the Federal Aviation Regulations.
The exemption does not include aircraft operated by a

commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part 129
of the Federal Aviation Regulations. The changes made to this
paragraph (27) by Public Act 98-534 this amendatory Act of the
98th General Assembly are declarative of existing law.
(28) Tangible personal property purchased by a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt instruments
issued by the public-facilities corporation in connection with
the development of the municipal convention hall. This
exemption includes existing public-facilities corporations as
provided in Section 11-65-25 of the Illinois Municipal Code.
This paragraph is exempt from the provisions of Section 3-75.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-431,
eff. 8-16-11; 97-636, eff. 6-1-12; 97-767, eff. 7-9-12; 98-104,
eff. 7-22-13; 98-422, eff. 8-16-13; 98-456, eff. 8-16-13;
98-534, eff. 8-23-13; revised 9-9-13.)
(35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
Sec. 3-10. Rate of tax. Unless otherwise provided in this

Section, the tax imposed by this Act is at the rate of 6.25% of
the selling price of tangible personal property transferred as
an incident to the sale of service, but, for the purpose of
computing this tax, in no event shall the selling price be less
than the cost price of the property to the serviceman.
Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act applies to (i) 70% of the selling price
of property transferred as an incident to the sale of service
on or after January 1, 1990, and before July 1, 2003, (ii) 80%
of the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2018, and (iii) 100% of the selling price
thereafter. If, at any time, however, the tax under this Act on
sales of gasohol, as defined in the Use Tax Act, is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of gasohol made during that time.
With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2018 but applies to 100% of the selling price
thereafter.

With respect to biodiesel blends, as defined in the Use Tax
Act, with no less than 1% and no more than 10% biodiesel, the
tax imposed by this Act applies to (i) 80% of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2018 and
(ii) 100% of the proceeds of the selling price thereafter. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.
With respect to 100% biodiesel, as defined in the Use Tax
Act, and biodiesel blends, as defined in the Use Tax Act, with
more than 10% but no more than 99% biodiesel, the tax imposed
by this Act does not apply to the proceeds of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2018 but
applies to 100% of the selling price thereafter.
At the election of any registered serviceman made for each
fiscal year, sales of service in which the aggregate annual
cost price of tangible personal property transferred as an
incident to the sales of service is less than 35%, or 75% in
the case of servicemen transferring prescription drugs or
servicemen engaged in graphic arts production, of the aggregate
annual total gross receipts from all sales of service, the tax

imposed by this Act shall be based on the serviceman's cost
price of the tangible personal property transferred as an
incident to the sale of those services.
The tax shall be imposed at the rate of 1% on food prepared
for immediate consumption and transferred incident to a sale of
service subject to this Act or the Service Occupation Tax Act
by an entity licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the ID/DD Community Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or the
Child Care Act of 1969. The tax shall also be imposed at the
rate of 1% on food for human consumption that is to be consumed
off the premises where it is sold (other than alcoholic
beverages, soft drinks, and food that has been prepared for
immediate consumption and is not otherwise included in this
paragraph) and prescription and nonprescription medicines,
drugs, medical appliances, modifications to a motor vehicle for
the purpose of rendering it usable by a disabled person, and
insulin, urine testing materials, syringes, and needles used by
diabetics, for human use. For the purposes of this Section,
until September 1, 2009: the term "soft drinks" means any
complete, finished, ready-to-use, non-alcoholic drink, whether
carbonated or not, including but not limited to soda water,
cola, fruit juice, vegetable juice, carbonated water, and all
other preparations commonly known as soft drinks of whatever
kind or description that are contained in any closed or sealed
bottle, can, carton, or container, regardless of size; but

"soft drinks" does not include coffee, tea, non-carbonated
water, infant formula, milk or milk products as defined in the
Grade A Pasteurized Milk and Milk Products Act, or drinks
containing 50% or more natural fruit or vegetable juice.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a

preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or other
ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
label includes:
(A) A "Drug Facts" panel; or
(B) A statement of the "active ingredient(s)" with a
list of those ingredients contained in the compound,
substance or preparation.
Beginning on January 1, 2014 (the effective date of Public
Act 98-122) this amendatory Act of the 98th General Assembly,
"prescription and nonprescription medicines and drugs"
includes medical cannabis purchased from a registered

dispensing organization under the Compassionate Use of Medical
Cannabis Pilot Program Act.
If the property that is acquired from a serviceman is
acquired outside Illinois and used outside Illinois before
being brought to Illinois for use here and is taxable under
this Act, the "selling price" on which the tax is computed
shall be reduced by an amount that represents a reasonable
allowance for depreciation for the period of prior out-of-state
use.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-636,
eff. 6-1-12; 98-104, eff. 7-22-13; 98-122, eff. 1-1-14; revised
8-9-13.)
(35 ILCS 110/9) (from Ch. 120, par. 439.39)
Sec. 9. Each serviceman required or authorized to collect
the tax herein imposed shall pay to the Department the amount
of such tax (except as otherwise provided) at the time when he
is required to file his return for the period during which such
tax was collected, less a discount of 2.1% prior to January 1,
1990 and 1.75% on and after January 1, 1990, or $5 per calendar
year, whichever is greater, which is allowed to reimburse the
serviceman for expenses incurred in collecting the tax, keeping
records, preparing and filing returns, remitting the tax and
supplying data to the Department on request. The Department may
disallow the discount for servicemen whose certificate of
registration is revoked at the time the return is filed, but

only if the Department's decision to revoke the certificate of
registration has become final. A serviceman need not remit that
part of any tax collected by him to the extent that he is
required to pay and does pay the tax imposed by the Service
Occupation Tax Act with respect to his sale of service
involving the incidental transfer by him of the same property.
Except as provided hereinafter in this Section, on or
before the twentieth day of each calendar month, such
serviceman shall file a return for the preceding calendar month
in accordance with reasonable Rules and Regulations to be
promulgated by the Department. Such return shall be filed on a
form prescribed by the Department and shall contain such
information as the Department may reasonably require.
The Department may require returns to be filed on a
quarterly basis. If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of the
calendar month following the end of such calendar quarter. The
taxpayer shall also file a return with the Department for each
of the first two months of each calendar quarter, on or before
the twentieth day of the following calendar month, stating:
1. The name of the seller;
2. The address of the principal place of business from
which he engages in business as a serviceman in this State;
3. The total amount of taxable receipts received by him
during the preceding calendar month, including receipts
from charge and time sales, but less all deductions allowed

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

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

return and if the serviceman's average monthly tax liability to
the Department does not exceed $200, the Department may
authorize his returns to be filed on a quarter annual basis,
with the return for January, February and March of a given year
being due by April 20 of such year; with the return for April,
May and June of a given year being due by July 20 of such year;
with the return for July, August and September of a given year
being due by October 20 of such year, and with the return for
October, November and December of a given year being due by
January 20 of the following year.
If the serviceman is otherwise required to file a monthly
or quarterly return and if the serviceman's average monthly tax
liability to the Department does not exceed $50, the Department
may authorize his returns to be filed on an annual basis, with
the return for a given year being due by January 20 of the
following year.
Such quarter annual and annual returns, as to form and
substance, shall be subject to the same requirements as monthly
returns.
Notwithstanding any other provision in this Act concerning
the time within which a serviceman may file his return, in the
case of any serviceman who ceases to engage in a kind of
business which makes him responsible for filing returns under
this Act, such serviceman shall file a final return under this
Act with the Department not more than 1 month after
discontinuing such business.

Where a serviceman collects the tax with respect to the
selling price of property which he sells and the purchaser
thereafter returns such property and the serviceman refunds the
selling price thereof to the purchaser, such serviceman shall
also refund, to the purchaser, the tax so collected from the
purchaser. When filing his return for the period in which he
refunds such tax to the purchaser, the serviceman may deduct
the amount of the tax so refunded by him to the purchaser from
any other Service Use Tax, Service Occupation Tax, retailers'
occupation tax or use tax which such serviceman may be required
to pay or remit to the Department, as shown by such return,
provided that the amount of the tax to be deducted shall
previously have been remitted to the Department by such
serviceman. If the serviceman shall not previously have
remitted the amount of such tax to the Department, he shall be
entitled to no deduction hereunder upon refunding such tax to
the purchaser.
Any serviceman filing a return hereunder shall also include
the total tax upon the selling price of tangible personal
property purchased for use by him as an incident to a sale of
service, and such serviceman shall remit the amount of such tax
to the Department when filing such return.
If experience indicates such action to be practicable, the
Department may prescribe and furnish a combination or joint
return which will enable servicemen, who are required to file
returns hereunder and also under the Service Occupation Tax

Act, to furnish all the return information required by both
Acts on the one form.
Where the serviceman has more than one business registered
with the Department under separate registration hereunder,
such serviceman shall not file each return that is due as a
single return covering all such registered businesses, but
shall file separate returns for each such registered business.
Beginning January 1, 1990, each month the Department shall
pay into the State and Local Tax Reform Fund, a special fund in
the State Treasury, the net revenue realized for the preceding
month from the 1% tax on sales of food for human consumption
which is to be consumed off the premises where it is sold
(other than alcoholic beverages, soft drinks and food which has
been prepared for immediate consumption) and prescription and
nonprescription medicines, drugs, medical appliances and
insulin, urine testing materials, syringes and needles used by
diabetics.
Beginning January 1, 1990, each month the Department shall
pay into the State and Local Sales Tax Reform Fund 20% of the
net revenue realized for the preceding month from the 6.25%
general rate on transfers of tangible personal property, other
than tangible personal property which is purchased outside
Illinois at retail from a retailer and which is titled or
registered by an agency of this State's government.
Beginning August 1, 2000, each month the Department shall
pay into the State and Local Sales Tax Reform Fund 100% of the

net revenue realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol.
Beginning October 1, 2009, each month the Department shall
pay into the Capital Projects Fund an amount that is equal to
an amount estimated by the Department to represent 80% of the
net revenue realized for the preceding month from the sale of
candy, grooming and hygiene products, and soft drinks that had
been taxed at a rate of 1% prior to September 1, 2009 but that
are is now taxed at 6.25%.
Beginning July 1, 2013, each month the Department shall pay
into the Underground Storage Tank Fund from the proceeds
collected under this Act, the Use Tax Act, the Service
Occupation Tax Act, and the Retailers' Occupation Tax Act an
amount equal to the average monthly deficit in the Underground
Storage Tank Fund during the prior year, as certified annually
by the Illinois Environmental Protection Agency, but the total
payment into the Underground Storage Tank Fund under this Act,
the Use Tax Act, the Service Occupation Tax Act, and the
Retailers' Occupation Tax Act shall not exceed $18,000,000 in
any State fiscal year. As used in this paragraph, the "average
monthly deficit" shall be equal to the difference between the
average monthly claims for payment by the fund and the average
monthly revenues deposited into the fund, excluding payments
made pursuant to this paragraph.
Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into the

Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
and after July 1, 1989, 3.8% thereof shall be paid into the
Build Illinois Fund; provided, however, that if in any fiscal
year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
may be, of the moneys received by the Department and required
to be paid into the Build Illinois Fund pursuant to Section 3
of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
Act, Section 9 of the Service Use Tax Act, and Section 9 of the
Service Occupation Tax Act, such Acts being hereinafter called
the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
may be, of moneys being hereinafter called the "Tax Act
Amount", and (2) the amount transferred to the Build Illinois
Fund from the State and Local Sales Tax Reform Fund shall be
less than the Annual Specified Amount (as defined in Section 3
of the Retailers' Occupation Tax Act), an amount equal to the
difference shall be immediately paid into the Build Illinois
Fund from other moneys received by the Department pursuant to
the Tax Acts; and further provided, that if on the last
business day of any month the sum of (1) the Tax Act Amount
required to be deposited into the Build Illinois Bond Account
in the Build Illinois Fund during such month and (2) the amount
transferred during such month to the Build Illinois Fund from
the State and Local Sales Tax Reform Fund shall have been less
than 1/12 of the Annual Specified Amount, an amount equal to
the difference shall be immediately paid into the Build
Illinois Fund from other moneys received by the Department

pursuant to the Tax Acts; and, further provided, that in no
event shall the payments required under the preceding proviso
result in aggregate payments into the Build Illinois Fund
pursuant to this clause (b) for any fiscal year in excess of
the greater of (i) the Tax Act Amount or (ii) the Annual
Specified Amount for such fiscal year; and, further provided,
that the amounts payable into the Build Illinois Fund under
this clause (b) shall be payable only until such time as the
aggregate amount on deposit under each trust indenture securing
Bonds issued and outstanding pursuant to the Build Illinois
Bond Act is sufficient, taking into account any future
investment income, to fully provide, in accordance with such
indenture, for the defeasance of or the payment of the
principal of, premium, if any, and interest on the Bonds
secured by such indenture and on any Bonds expected to be
issued thereafter and all fees and costs payable with respect
thereto, all as certified by the Director of the Bureau of the
Budget (now Governor's Office of Management and Budget). If on
the last business day of any month in which Bonds are
outstanding pursuant to the Build Illinois Bond Act, the
aggregate of the moneys deposited in the Build Illinois Bond
Account in the Build Illinois Fund in such month shall be less
than the amount required to be transferred in such month from
the Build Illinois Bond Account to the Build Illinois Bond
Retirement and Interest Fund pursuant to Section 13 of the
Build Illinois Bond Act, an amount equal to such deficiency

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

1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 93,000,000
2003 99,000,000
2004 103,000,000
2005 108,000,000
2006 113,000,000
2007 119,000,000
2008 126,000,000
2009 132,000,000
2010 139,000,000
2011 146,000,000
2012 153,000,000
2013 161,000,000
2014 170,000,000
2015 179,000,000
2016 189,000,000
2017 199,000,000
2018 210,000,000
2019 221,000,000

2020 233,000,000
2021 246,000,000
2022 260,000,000
2023 275,000,000
2024 275,000,000
2025 275,000,000
2026 279,000,000
2027 292,000,000
2028 307,000,000
2029 322,000,000
2030 338,000,000
2031 350,000,000
2032 350,000,000
and
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority Act,
but not after fiscal year 2060.
Beginning July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority for that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund by

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

generating facility certified pursuant to Section 605-332 of
the Department of Commerce and Economic Opportunity Law of the
Civil Administrative Code of Illinois.
Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof shall be paid into the
General Revenue Fund of the State Treasury and 25% shall be
reserved in a special account and used only for the transfer to
the Common School Fund as part of the monthly transfer from the
General Revenue Fund in accordance with Section 8a of the State
Finance Act.
As soon as possible after the first day of each month, upon
certification of the Department of Revenue, the Comptroller
shall order transferred and the Treasurer shall transfer from
the General Revenue Fund to the Motor Fuel Tax Fund an amount
equal to 1.7% of 80% of the net revenue realized under this Act
for the second preceding month. Beginning April 1, 2000, this
transfer is no longer required and shall not be made.
Net revenue realized for a month shall be the revenue
collected by the State pursuant to this Act, less the amount
paid out during that month as refunds to taxpayers for
overpayment of liability.
(Source: P.A. 98-24, eff. 6-19-13; 98-109, eff. 7-25-13;
98-298, eff. 8-9-13; 98-496, eff. 1-1-14; revised 9-9-13.)
Section 185. The Service Occupation Tax Act is amended by
changing Sections 3-5, 3-10, and 9 as follows:

(35 ILCS 115/3-5)
Sec. 3-5. Exemptions. The following tangible personal
property is exempt from the tax imposed by this Act:
(1) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other
than a limited liability company, that is organized and
operated as a not-for-profit service enterprise for the benefit
of persons 65 years of age or older if the personal property
was not purchased by the enterprise for the purpose of resale
by the enterprise.
(2) Personal property purchased by a not-for-profit
Illinois county fair association for use in conducting,
operating, or promoting the county fair.
(3) Personal property purchased by any not-for-profit arts
or cultural organization that establishes, by proof required by
the Department by rule, that it has received an exemption under
Section 501(c)(3) of the Internal Revenue Code and that is
organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after the effective date
of this amendatory Act of the 92nd General Assembly, however,

an entity otherwise eligible for this exemption shall not make
tax-free purchases unless it has an active identification
number issued by the Department.
(4) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
(5) Until July 1, 2003 and beginning again on September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new and
used, and including that manufactured on special order or
purchased for lease, certified by the purchaser to be used
primarily for graphic arts production. Equipment includes
chemicals or chemicals acting as catalysts but only if the
chemicals or chemicals acting as catalysts effect a direct and
immediate change upon a graphic arts product.
(6) Personal property sold by a teacher-sponsored student
organization affiliated with an elementary or secondary school
located in Illinois.
(7) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the

Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to
be registered under Section 3-809 of the Illinois Vehicle Code,
but excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses or
hoop houses used for propagating, growing, or overwintering
plants shall be considered farm machinery and equipment under
this item (7). Agricultural chemical tender tanks and dry boxes
shall include units sold separately from a motor vehicle
required to be licensed and units sold mounted on a motor
vehicle required to be licensed if the selling price of the
tender is separately stated.
Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and

agricultural chemicals. This item (7) is exempt from the
provisions of Section 3-55.
(8) Until June 30, 2013, fuel and petroleum products sold
to or used by an air common carrier, certified by the carrier
to be used for consumption, shipment, or storage in the conduct
of its business as an air common carrier, for a flight destined
for or returning from a location or locations outside the
United States without regard to previous or subsequent domestic
stopovers.
Beginning July 1, 2013, fuel and petroleum products sold to
or used by an air carrier, certified by the carrier to be used
for consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight that (i) is
engaged in foreign trade or is engaged in trade between the
United States and any of its possessions and (ii) transports at
least one individual or package for hire from the city of
origination to the city of final destination on the same
aircraft, without regard to a change in the flight number of
that aircraft.
(9) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption of
food and beverages, to the extent that the proceeds of the
service charge are in fact turned over as tips or as a
substitute for tips to the employees who participate directly
in preparing, serving, hosting or cleaning up the food or
beverage function with respect to which the service charge is

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

effective date of Public Act 98-456) this amendatory Act of the
98th General Assembly.
(13) Beginning January 1, 1992 and through June 30, 2016,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks and food that has been prepared for immediate
consumption) and prescription and non-prescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or in a licensed facility as defined
in the ID/DD Community Care Act or the Specialized Mental
Health Rehabilitation Act of 2013.
(14) Semen used for artificial insemination of livestock
for direct agricultural production.
(15) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes. This item (15) is exempt from the provisions
of Section 3-55, and the exemption provided for under this item
(15) applies for all periods beginning May 30, 1995, but no
claim for credit or refund is allowed on or after January 1,

2008 (the effective date of Public Act 95-88) for such taxes
paid during the period beginning May 30, 2000 and ending on
January 1, 2008 (the effective date of Public Act 95-88).
(16) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients sold to a lessor
who leases the equipment, under a lease of one year or longer
executed or in effect at the time of the purchase, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act.
(17) Personal property sold to a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time of the purchase, to a governmental body that
has been issued an active tax exemption identification number
by the Department under Section 1g of the Retailers' Occupation
Tax Act.
(18) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated for
disaster relief to be used in a State or federally declared
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster

who reside within the declared disaster area.
(19) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in the
performance of infrastructure repairs in this State, including
but not limited to municipal roads and streets, access roads,
bridges, sidewalks, waste disposal systems, water and sewer
line extensions, water distribution and purification
facilities, storm water drainage and retention facilities, and
sewage treatment facilities, resulting from a State or
federally declared disaster in Illinois or bordering Illinois
when such repairs are initiated on facilities located in the
declared disaster area within 6 months after the disaster.
(20) Beginning July 1, 1999, game or game birds sold at a
"game breeding and hunting preserve area" as that term is used
in the Wildlife Code. This paragraph is exempt from the
provisions of Section 3-55.
(21) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the Department
to be organized and operated exclusively for educational
purposes. For purposes of this exemption, "a corporation,
limited liability company, society, association, foundation,
or institution organized and operated exclusively for
educational purposes" means all tax-supported public schools,

private schools that offer systematic instruction in useful
branches of learning by methods common to public schools and
that compare favorably in their scope and intensity with the
course of study presented in tax-supported schools, and
vocational or technical schools or institutes organized and
operated exclusively to provide a course of study of not less
than 6 weeks duration and designed to prepare individuals to
follow a trade or to pursue a manual, technical, mechanical,
industrial, business, or commercial occupation.
(22) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 3-55.
(23) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and other

items, and replacement parts for these machines. Beginning
January 1, 2002 and through June 30, 2003, machines and parts
for machines used in commercial, coin-operated amusement and
vending business if a use or occupation tax is paid on the
gross receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 3-55.
(24) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, computers and communications
equipment utilized for any hospital purpose and equipment used
in the diagnosis, analysis, or treatment of hospital patients
sold to a lessor who leases the equipment, under a lease of one
year or longer executed or in effect at the time of the
purchase, to a hospital that has been issued an active tax
exemption identification number by the Department under
Section 1g of the Retailers' Occupation Tax Act. This paragraph
is exempt from the provisions of Section 3-55.
(25) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, personal property sold to a
lessor who leases the property, under a lease of one year or
longer executed or in effect at the time of the purchase, to a
governmental body that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. This paragraph is exempt from
the provisions of Section 3-55.
(26) Beginning on January 1, 2002 and through June 30,

2016, tangible personal property purchased from an Illinois
retailer by a taxpayer engaged in centralized purchasing
activities in Illinois who will, upon receipt of the property
in Illinois, temporarily store the property in Illinois (i) for
the purpose of subsequently transporting it outside this State
for use or consumption thereafter solely outside this State or
(ii) for the purpose of being processed, fabricated, or
manufactured into, attached to, or incorporated into other
tangible personal property to be transported outside this State
and thereafter used or consumed solely outside this State. The
Director of Revenue shall, pursuant to rules adopted in
accordance with the Illinois Administrative Procedure Act,
issue a permit to any taxpayer in good standing with the
Department who is eligible for the exemption under this
paragraph (26). The permit issued under this paragraph (26)
shall authorize the holder, to the extent and in the manner
specified in the rules adopted under this Act, to purchase
tangible personal property from a retailer exempt from the
taxes imposed by this Act. Taxpayers shall maintain all
necessary books and records to substantiate the use and
consumption of all such tangible personal property outside of
the State of Illinois.
(27) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit

corporation that holds a valid water supply permit issued under
Title IV of the Environmental Protection Act. This paragraph is
exempt from the provisions of Section 3-55.
(28) Tangible personal property sold to a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt instruments
issued by the public-facilities corporation in connection with
the development of the municipal convention hall. This
exemption includes existing public-facilities corporations as
provided in Section 11-65-25 of the Illinois Municipal Code.
This paragraph is exempt from the provisions of Section 3-55.
(29) Beginning January 1, 2010, materials, parts,
equipment, components, and furnishings incorporated into or
upon an aircraft as part of the modification, refurbishment,
completion, replacement, repair, or maintenance of the
aircraft. This exemption includes consumable supplies used in
the modification, refurbishment, completion, replacement,
repair, and maintenance of aircraft, but excludes any
materials, parts, equipment, components, and consumable
supplies used in the modification, replacement, repair, and

maintenance of aircraft engines or power plants, whether such
engines or power plants are installed or uninstalled upon any
such aircraft. "Consumable supplies" include, but are not
limited to, adhesive, tape, sandpaper, general purpose
lubricants, cleaning solution, latex gloves, and protective
films. This exemption applies only to the transfer of
qualifying tangible personal property incident to the
modification, refurbishment, completion, replacement, repair,
or maintenance of an aircraft by persons who (i) hold an Air
Agency Certificate and are empowered to operate an approved
repair station by the Federal Aviation Administration, (ii)
have a Class IV Rating, and (iii) conduct operations in
accordance with Part 145 of the Federal Aviation Regulations.
The exemption does not include aircraft operated by a
commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part 129
of the Federal Aviation Regulations. The changes made to this
paragraph (29) by Public Act 98-534 this amendatory Act of the
98th General Assembly are declarative of existing law.
(Source: P.A. 97-38, eff. 6-28-11; 97-73, eff. 6-30-11; 97-227,
eff. 1-1-12; 97-431, eff. 8-16-11; 97-636, eff. 6-1-12; 97-767,
eff. 7-9-12; 98-104, eff. 7-22-13; 98-422, eff. 8-16-13;
98-456, eff. 8-16-13; 98-534, eff. 8-23-13; revised 9-9-13.)
(35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
Sec. 3-10. Rate of tax. Unless otherwise provided in this

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

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

more than 10% but no more than 99% biodiesel material, the tax
imposed by this Act does not apply to the proceeds of the
selling price of property transferred as an incident to the
sale of service on or after July 1, 2003 and on or before
December 31, 2018 but applies to 100% of the selling price
thereafter.
At the election of any registered serviceman made for each
fiscal year, sales of service in which the aggregate annual
cost price of tangible personal property transferred as an
incident to the sales of service is less than 35%, or 75% in
the case of servicemen transferring prescription drugs or
servicemen engaged in graphic arts production, of the aggregate
annual total gross receipts from all sales of service, the tax
imposed by this Act shall be based on the serviceman's cost
price of the tangible personal property transferred incident to
the sale of those services.
The tax shall be imposed at the rate of 1% on food prepared
for immediate consumption and transferred incident to a sale of
service subject to this Act or the Service Occupation Tax Act
by an entity licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the ID/DD Community Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or the
Child Care Act of 1969. The tax shall also be imposed at the
rate of 1% on food for human consumption that is to be consumed
off the premises where it is sold (other than alcoholic
beverages, soft drinks, and food that has been prepared for

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

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

definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
label includes:
(A) A "Drug Facts" panel; or
(B) A statement of the "active ingredient(s)" with a
list of those ingredients contained in the compound,
substance or preparation.
Beginning on January 1, 2014 (the effective date of Public
Act 98-122) this amendatory Act of the 98th General Assembly,
"prescription and nonprescription medicines and drugs"
includes medical cannabis purchased from a registered
dispensing organization under the Compassionate Use of Medical
Cannabis Pilot Program Act.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-636,
eff. 6-1-12; 98-104, eff. 7-22-13; 98-122, eff. 1-1-14; revised
8-9-13.)
(35 ILCS 115/9) (from Ch. 120, par. 439.109)
Sec. 9. Each serviceman required or authorized to collect
the tax herein imposed shall pay to the Department the amount
of such tax at the time when he is required to file his return
for the period during which such tax was collectible, less a
discount of 2.1% prior to January 1, 1990, and 1.75% on and
after January 1, 1990, or $5 per calendar year, whichever is

greater, which is allowed to reimburse the serviceman for
expenses incurred in collecting the tax, keeping records,
preparing and filing returns, remitting the tax and supplying
data to the Department on request. The Department may disallow
the discount for servicemen whose certificate of registration
is revoked at the time the return is filed, but only if the
Department's decision to revoke the certificate of
registration has become final.
Where such tangible personal property is sold under a
conditional sales contract, or under any other form of sale
wherein the payment of the principal sum, or a part thereof, is
extended beyond the close of the period for which the return is
filed, the serviceman, in collecting the tax may collect, for
each tax return period, only the tax applicable to the part of
the selling price actually received during such tax return
period.
Except as provided hereinafter in this Section, on or
before the twentieth day of each calendar month, such
serviceman shall file a return for the preceding calendar month
in accordance with reasonable rules and regulations to be
promulgated by the Department of Revenue. Such return shall be
filed on a form prescribed by the Department and shall contain
such information as the Department may reasonably require.
The Department may require returns to be filed on a
quarterly basis. If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of the

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

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

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

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

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

Where the serviceman has more than one business registered
with the Department under separate registrations hereunder,
such serviceman shall file separate returns for each registered
business.
Beginning January 1, 1990, each month the Department shall
pay into the Local Government Tax Fund the revenue realized for
the preceding month from the 1% tax on sales of food for human
consumption which is to be consumed off the premises where it
is sold (other than alcoholic beverages, soft drinks and food
which has been prepared for immediate consumption) and
prescription and nonprescription medicines, drugs, medical
appliances and insulin, urine testing materials, syringes and
needles used by diabetics.
Beginning January 1, 1990, each month the Department shall
pay into the County and Mass Transit District Fund 4% of the
revenue realized for the preceding month from the 6.25% general
rate.
Beginning August 1, 2000, each month the Department shall
pay into the County and Mass Transit District Fund 20% of the
net revenue realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol.
Beginning January 1, 1990, each month the Department shall
pay into the Local Government Tax Fund 16% of the revenue
realized for the preceding month from the 6.25% general rate on
transfers of tangible personal property.
Beginning August 1, 2000, each month the Department shall

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

pursuant to this Act, (a) 1.75% thereof shall be paid into the
Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
and after July 1, 1989, 3.8% thereof shall be paid into the
Build Illinois Fund; provided, however, that if in any fiscal
year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
may be, of the moneys received by the Department and required
to be paid into the Build Illinois Fund pursuant to Section 3
of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
Act, Section 9 of the Service Use Tax Act, and Section 9 of the
Service Occupation Tax Act, such Acts being hereinafter called
the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
may be, of moneys being hereinafter called the "Tax Act
Amount", and (2) the amount transferred to the Build Illinois
Fund from the State and Local Sales Tax Reform Fund shall be
less than the Annual Specified Amount (as defined in Section 3
of the Retailers' Occupation Tax Act), an amount equal to the
difference shall be immediately paid into the Build Illinois
Fund from other moneys received by the Department pursuant to
the Tax Acts; and further provided, that if on the last
business day of any month the sum of (1) the Tax Act Amount
required to be deposited into the Build Illinois Account in the
Build Illinois Fund during such month and (2) the amount
transferred during such month to the Build Illinois Fund from
the State and Local Sales Tax Reform Fund shall have been less
than 1/12 of the Annual Specified Amount, an amount equal to
the difference shall be immediately paid into the Build

Illinois Fund from other moneys received by the Department
pursuant to the Tax Acts; and, further provided, that in no
event shall the payments required under the preceding proviso
result in aggregate payments into the Build Illinois Fund
pursuant to this clause (b) for any fiscal year in excess of
the greater of (i) the Tax Act Amount or (ii) the Annual
Specified Amount for such fiscal year; and, further provided,
that the amounts payable into the Build Illinois Fund under
this clause (b) shall be payable only until such time as the
aggregate amount on deposit under each trust indenture securing
Bonds issued and outstanding pursuant to the Build Illinois
Bond Act is sufficient, taking into account any future
investment income, to fully provide, in accordance with such
indenture, for the defeasance of or the payment of the
principal of, premium, if any, and interest on the Bonds
secured by such indenture and on any Bonds expected to be
issued thereafter and all fees and costs payable with respect
thereto, all as certified by the Director of the Bureau of the
Budget (now Governor's Office of Management and Budget). If on
the last business day of any month in which Bonds are
outstanding pursuant to the Build Illinois Bond Act, the
aggregate of the moneys deposited in the Build Illinois Bond
Account in the Build Illinois Fund in such month shall be less
than the amount required to be transferred in such month from
the Build Illinois Bond Account to the Build Illinois Bond
Retirement and Interest Fund pursuant to Section 13 of the

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

1993 $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 93,000,000
2003 99,000,000
2004 103,000,000
2005 108,000,000
2006 113,000,000
2007 119,000,000
2008 126,000,000
2009 132,000,000
2010 139,000,000
2011 146,000,000
2012 153,000,000
2013 161,000,000
2014 170,000,000
2015 179,000,000
2016 189,000,000
2017 199,000,000
2018 210,000,000

2019 221,000,000
2020 233,000,000
2021 246,000,000
2022 260,000,000
2023 275,000,000
2024 275,000,000
2025 275,000,000
2026 279,000,000
2027 292,000,000
2028 307,000,000
2029 322,000,000
2030 338,000,000
2031 350,000,000
2032 350,000,000
and
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority Act,
but not after fiscal year 2060.
Beginning July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority for that fiscal year, less the amount

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

paragraph, the term "eligible business" means a new electric
generating facility certified pursuant to Section 605-332 of
the Department of Commerce and Economic Opportunity Law of the
Civil Administrative Code of Illinois.
Of the remainder of the moneys received by the Department
pursuant to this Act, 75% shall be paid into the General
Revenue Fund of the State Treasury and 25% shall be reserved in
a special account and used only for the transfer to the Common
School Fund as part of the monthly transfer from the General
Revenue Fund in accordance with Section 8a of the State Finance
Act.
The Department may, upon separate written notice to a
taxpayer, require the taxpayer to prepare and file with the
Department on a form prescribed by the Department within not
less than 60 days after receipt of the notice an annual
information return for the tax year specified in the notice.
Such annual return to the Department shall include a statement
of gross receipts as shown by the taxpayer's last Federal
income tax return. If the total receipts of the business as
reported in the Federal income tax return do not agree with the
gross receipts reported to the Department of Revenue for the
same period, the taxpayer shall attach to his annual return a
schedule showing a reconciliation of the 2 amounts and the
reasons for the difference. The taxpayer's annual return to the
Department shall also disclose the cost of goods sold by the
taxpayer during the year covered by such return, opening and

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

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

(Source: P.A. 98-24, eff. 6-19-13; 98-109, eff. 7-25-13;
98-298, eff. 8-9-13; 98-496, eff. 1-1-14; revised 9-9-13.)
Section 190. The Retailers' Occupation Tax Act is amended
by changing Sections 2-5, 2a, and 3 as follows:
(35 ILCS 120/2-5)
Sec. 2-5. Exemptions. Gross receipts from proceeds from the
sale of the following tangible personal property are exempt
from the tax imposed by this Act:
(1) Farm chemicals.
(2) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to
be registered under Section 3-809 of the Illinois Vehicle Code,
but excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses or
hoop houses used for propagating, growing, or overwintering
plants shall be considered farm machinery and equipment under
this item (2). Agricultural chemical tender tanks and dry boxes

shall include units sold separately from a motor vehicle
required to be licensed and units sold mounted on a motor
vehicle required to be licensed, if the selling price of the
tender is separately stated.
Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals. This item (2) is exempt from the
provisions of Section 2-70.
(3) Until July 1, 2003, distillation machinery and
equipment, sold as a unit or kit, assembled or installed by the
retailer, certified by the user to be used only for the
production of ethyl alcohol that will be used for consumption
as motor fuel or as a component of motor fuel for the personal
use of the user, and not subject to sale or resale.

(4) Until July 1, 2003 and beginning again September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new and
used, and including that manufactured on special order or
purchased for lease, certified by the purchaser to be used
primarily for graphic arts production. Equipment includes
chemicals or chemicals acting as catalysts but only if the
chemicals or chemicals acting as catalysts effect a direct and
immediate change upon a graphic arts product.
(5) A motor vehicle that is used for automobile renting, as
defined in the Automobile Renting Occupation and Use Tax Act.
This paragraph is exempt from the provisions of Section 2-70.
(6) Personal property sold by a teacher-sponsored student
organization affiliated with an elementary or secondary school
located in Illinois.
(7) Until July 1, 2003, proceeds of that portion of the
selling price of a passenger car the sale of which is subject
to the Replacement Vehicle Tax.
(8) Personal property sold to an Illinois county fair
association for use in conducting, operating, or promoting the
county fair.
(9) Personal property sold to a not-for-profit arts or
cultural organization that establishes, by proof required by
the Department by rule, that it has received an exemption under
Section 501(c)(3) of the Internal Revenue Code and that is
organized and operated primarily for the presentation or

support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after the effective date
of this amendatory Act of the 92nd General Assembly, however,
an entity otherwise eligible for this exemption shall not make
tax-free purchases unless it has an active identification
number issued by the Department.
(10) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other
than a limited liability company, that is organized and
operated as a not-for-profit service enterprise for the benefit
of persons 65 years of age or older if the personal property
was not purchased by the enterprise for the purpose of resale
by the enterprise.
(11) Personal property sold to a governmental body, to a
corporation, society, association, foundation, or institution
organized and operated exclusively for charitable, religious,
or educational purposes, or to a not-for-profit corporation,
society, association, foundation, institution, or organization
that has no compensated officers or employees and that is
organized and operated primarily for the recreation of persons
55 years of age or older. A limited liability company may
qualify for the exemption under this paragraph only if the

limited liability company is organized and operated
exclusively for educational purposes. On and after July 1,
1987, however, no entity otherwise eligible for this exemption
shall make tax-free purchases unless it has an active
identification number issued by the Department.
(12) Tangible personal property sold to interstate
carriers for hire for use as rolling stock moving in interstate
commerce or to lessors under leases of one year or longer
executed or in effect at the time of purchase by interstate
carriers for hire for use as rolling stock moving in interstate
commerce and equipment operated by a telecommunications
provider, licensed as a common carrier by the Federal
Communications Commission, which is permanently installed in
or affixed to aircraft moving in interstate commerce.
(12-5) On and after July 1, 2003 and through June 30, 2004,
motor vehicles of the second division with a gross vehicle
weight in excess of 8,000 pounds that are subject to the
commercial distribution fee imposed under Section 3-815.1 of
the Illinois Vehicle Code. Beginning on July 1, 2004 and
through June 30, 2005, the use in this State of motor vehicles
of the second division: (i) with a gross vehicle weight rating
in excess of 8,000 pounds; (ii) that are subject to the
commercial distribution fee imposed under Section 3-815.1 of
the Illinois Vehicle Code; and (iii) that are primarily used
for commercial purposes. Through June 30, 2005, this exemption
applies to repair and replacement parts added after the initial

purchase of such a motor vehicle if that motor vehicle is used
in a manner that would qualify for the rolling stock exemption
otherwise provided for in this Act. For purposes of this
paragraph, "used for commercial purposes" means the
transportation of persons or property in furtherance of any
commercial or industrial enterprise whether for-hire or not.
(13) Proceeds from sales to owners, lessors, or shippers of
tangible personal property that is utilized by interstate
carriers for hire for use as rolling stock moving in interstate
commerce and equipment operated by a telecommunications
provider, licensed as a common carrier by the Federal
Communications Commission, which is permanently installed in
or affixed to aircraft moving in interstate commerce.
(14) Machinery and equipment that will be used by the
purchaser, or a lessee of the purchaser, primarily in the
process of manufacturing or assembling tangible personal
property for wholesale or retail sale or lease, whether the
sale or lease is made directly by the manufacturer or by some
other person, whether the materials used in the process are
owned by the manufacturer or some other person, or whether the
sale or lease is made apart from or as an incident to the
seller's engaging in the service occupation of producing
machines, tools, dies, jigs, patterns, gauges, or other similar
items of no commercial value on special order for a particular
purchaser. The exemption provided by this paragraph (14) does
not include machinery and equipment used in (i) the generation

of electricity for wholesale or retail sale; (ii) the
generation or treatment of natural or artificial gas for
wholesale or retail sale that is delivered to customers through
pipes, pipelines, or mains; or (iii) the treatment of water for
wholesale or retail sale that is delivered to customers through
pipes, pipelines, or mains. The provisions of Public Act 98-583
this amendatory Act of the 98th General Assembly are
declaratory of existing law as to the meaning and scope of this
exemption.
(15) Proceeds of mandatory service charges separately
stated on customers' bills for purchase and consumption of food
and beverages, to the extent that the proceeds of the service
charge are in fact turned over as tips or as a substitute for
tips to the employees who participate directly in preparing,
serving, hosting or cleaning up the food or beverage function
with respect to which the service charge is imposed.
(16) Petroleum products sold to a purchaser if the seller
is prohibited by federal law from charging tax to the
purchaser.
(17) Tangible personal property sold to a common carrier by
rail or motor that receives the physical possession of the
property in Illinois and that transports the property, or
shares with another common carrier in the transportation of the
property, out of Illinois on a standard uniform bill of lading
showing the seller of the property as the shipper or consignor
of the property to a destination outside Illinois, for use

outside Illinois.
(18) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
(19) Until July 1 2003, oil field exploration, drilling,
and production equipment, including (i) rigs and parts of rigs,
rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
tubular goods, including casing and drill strings, (iii) pumps
and pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(20) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including that
manufactured on special order, certified by the purchaser to be
used primarily for photoprocessing, and including
photoprocessing machinery and equipment purchased for lease.
(21) Coal and aggregate exploration, mining, off-highway
offhighway hauling, processing, maintenance, and reclamation
equipment, including replacement parts and equipment, and
including equipment purchased for lease, but excluding motor
vehicles required to be registered under the Illinois Vehicle
Code. The changes made to this Section by Public Act 97-767
apply on and after July 1, 2003, but no claim for credit or

refund is allowed on or after August 16, 2013 (the effective
date of Public Act 98-456) this amendatory Act of the 98th
General Assembly for such taxes paid during the period
beginning July 1, 2003 and ending on August 16, 2013 (the
effective date of Public Act 98-456) this amendatory Act of the
98th General Assembly.
(22) Until June 30, 2013, fuel and petroleum products sold
to or used by an air carrier, certified by the carrier to be
used for consumption, shipment, or storage in the conduct of
its business as an air common carrier, for a flight destined
for or returning from a location or locations outside the
United States without regard to previous or subsequent domestic
stopovers.
Beginning July 1, 2013, fuel and petroleum products sold to
or used by an air carrier, certified by the carrier to be used
for consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight that (i) is
engaged in foreign trade or is engaged in trade between the
United States and any of its possessions and (ii) transports at
least one individual or package for hire from the city of
origination to the city of final destination on the same
aircraft, without regard to a change in the flight number of
that aircraft.
(23) A transaction in which the purchase order is received
by a florist who is located outside Illinois, but who has a
florist located in Illinois deliver the property to the

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

to the state's rate of tax on taxable property in the state in
which the purchaser is a resident, except that the tax shall
not exceed the tax that would otherwise be imposed under this
Act. At the time of the sale, the purchaser shall execute a
statement, signed under penalty of perjury, of his or her
intent to title the vehicle in the state in which the purchaser
is a resident within 30 days after the sale and of the fact of
the payment to the State of Illinois of tax in an amount
equivalent to the state's rate of tax on taxable property in
his or her state of residence and shall submit the statement to
the appropriate tax collection agency in his or her state of
residence. In addition, the retailer must retain a signed copy
of the statement in his or her records. Nothing in this item
shall be construed to require the removal of the vehicle from
this state following the filing of an intent to title the
vehicle in the purchaser's state of residence if the purchaser
titles the vehicle in his or her state of residence within 30
days after the date of sale. The tax collected under this Act
in accordance with this item (25-5) shall be proportionately
distributed as if the tax were collected at the 6.25% general
rate imposed under this Act.
(25-7) Beginning on July 1, 2007, no tax is imposed under
this Act on the sale of an aircraft, as defined in Section 3 of
the Illinois Aeronautics Act, if all of the following
conditions are met:
(1) the aircraft leaves this State within 15 days after

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

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

effect at the time of the purchase, to a governmental body that
has been issued an active tax exemption identification number
by the Department under Section 1g of this Act.
(30) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated for
disaster relief to be used in a State or federally declared
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster
who reside within the declared disaster area.
(31) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in the
performance of infrastructure repairs in this State, including
but not limited to municipal roads and streets, access roads,
bridges, sidewalks, waste disposal systems, water and sewer
line extensions, water distribution and purification
facilities, storm water drainage and retention facilities, and
sewage treatment facilities, resulting from a State or
federally declared disaster in Illinois or bordering Illinois
when such repairs are initiated on facilities located in the
declared disaster area within 6 months after the disaster.
(32) Beginning July 1, 1999, game or game birds sold at a

"game breeding and hunting preserve area" as that term is used
in the Wildlife Code. This paragraph is exempt from the
provisions of Section 2-70.
(33) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the Department
to be organized and operated exclusively for educational
purposes. For purposes of this exemption, "a corporation,
limited liability company, society, association, foundation,
or institution organized and operated exclusively for
educational purposes" means all tax-supported public schools,
private schools that offer systematic instruction in useful
branches of learning by methods common to public schools and
that compare favorably in their scope and intensity with the
course of study presented in tax-supported schools, and
vocational or technical schools or institutes organized and
operated exclusively to provide a course of study of not less
than 6 weeks duration and designed to prepare individuals to
follow a trade or to pursue a manual, technical, mechanical,
industrial, business, or commercial occupation.
(34) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school

district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 2-70.
(35) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and other
items, and replacement parts for these machines. Beginning
January 1, 2002 and through June 30, 2003, machines and parts
for machines used in commercial, coin-operated amusement and
vending business if a use or occupation tax is paid on the
gross receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 2-70.
(35-5) Beginning August 23, 2001 and through June 30, 2016,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human

use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or a licensed facility as defined in
the ID/DD Community Care Act or the Specialized Mental Health
Rehabilitation Act of 2013.
(36) Beginning August 2, 2001, computers and
communications equipment utilized for any hospital purpose and
equipment used in the diagnosis, analysis, or treatment of
hospital patients sold to a lessor who leases the equipment,
under a lease of one year or longer executed or in effect at
the time of the purchase, to a hospital that has been issued an
active tax exemption identification number by the Department
under Section 1g of this Act. This paragraph is exempt from the
provisions of Section 2-70.
(37) Beginning August 2, 2001, personal property sold to a
lessor who leases the property, under a lease of one year or
longer executed or in effect at the time of the purchase, to a
governmental body that has been issued an active tax exemption
identification number by the Department under Section 1g of
this Act. This paragraph is exempt from the provisions of
Section 2-70.
(38) Beginning on January 1, 2002 and through June 30,
2016, tangible personal property purchased from an Illinois
retailer by a taxpayer engaged in centralized purchasing
activities in Illinois who will, upon receipt of the property

in Illinois, temporarily store the property in Illinois (i) for
the purpose of subsequently transporting it outside this State
for use or consumption thereafter solely outside this State or
(ii) for the purpose of being processed, fabricated, or
manufactured into, attached to, or incorporated into other
tangible personal property to be transported outside this State
and thereafter used or consumed solely outside this State. The
Director of Revenue shall, pursuant to rules adopted in
accordance with the Illinois Administrative Procedure Act,
issue a permit to any taxpayer in good standing with the
Department who is eligible for the exemption under this
paragraph (38). The permit issued under this paragraph (38)
shall authorize the holder, to the extent and in the manner
specified in the rules adopted under this Act, to purchase
tangible personal property from a retailer exempt from the
taxes imposed by this Act. Taxpayers shall maintain all
necessary books and records to substantiate the use and
consumption of all such tangible personal property outside of
the State of Illinois.
(39) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit
corporation that holds a valid water supply permit issued under
Title IV of the Environmental Protection Act. This paragraph is
exempt from the provisions of Section 2-70.

(40) Beginning January 1, 2010, materials, parts,
equipment, components, and furnishings incorporated into or
upon an aircraft as part of the modification, refurbishment,
completion, replacement, repair, or maintenance of the
aircraft. This exemption includes consumable supplies used in
the modification, refurbishment, completion, replacement,
repair, and maintenance of aircraft, but excludes any
materials, parts, equipment, components, and consumable
supplies used in the modification, replacement, repair, and
maintenance of aircraft engines or power plants, whether such
engines or power plants are installed or uninstalled upon any
such aircraft. "Consumable supplies" include, but are not
limited to, adhesive, tape, sandpaper, general purpose
lubricants, cleaning solution, latex gloves, and protective
films. This exemption applies only to the sale of qualifying
tangible personal property to persons who modify, refurbish,
complete, replace, or maintain an aircraft and who (i) hold an
Air Agency Certificate and are empowered to operate an approved
repair station by the Federal Aviation Administration, (ii)
have a Class IV Rating, and (iii) conduct operations in
accordance with Part 145 of the Federal Aviation Regulations.
The exemption does not include aircraft operated by a
commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part 129
of the Federal Aviation Regulations. The changes made to this
paragraph (40) by Public Act 98-534 this amendatory Act of the

98th General Assembly are declarative of existing law.
(41) Tangible personal property sold to a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt instruments
issued by the public-facilities corporation in connection with
the development of the municipal convention hall. This
exemption includes existing public-facilities corporations as
provided in Section 11-65-25 of the Illinois Municipal Code.
This paragraph is exempt from the provisions of Section 2-70.
(Source: P.A. 97-38, eff. 6-28-11; 97-73, eff. 6-30-11; 97-227,
eff. 1-1-12; 97-431, eff. 8-16-11; 97-636, eff. 6-1-12; 97-767,
eff. 7-9-12; 98-104, eff. 7-22-13; 98-422, eff. 8-16-13;
98-456, eff. 8-16-13; 98-534, eff. 8-23-13; 98-574, eff.
1-1-14; 98-583, eff. 1-1-14; revised 9-9-13.)
(35 ILCS 120/2a) (from Ch. 120, par. 441a)
Sec. 2a. It is unlawful for any person to engage in the
business of selling tangible personal property at retail in
this State without a certificate of registration from the
Department. Application for a certificate of registration

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

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

have filed, with the Department, sworn statements disclosing
net assets equal to at least 3 times the amount of the bond to
be required of such applicant, or a bond secured by an
assignment of a bank account or certificate of deposit, stocks
or bonds, conditioned upon the applicant paying to the State of
Illinois all moneys becoming due under this Act and under any
other State tax law or municipal or county tax ordinance or
resolution under which the certificate of registration that is
issued to the applicant under this Act will permit the
applicant to engage in business without registering separately
under such other law, ordinance or resolution. In making a
determination as to whether to require a bond or other
security, the Department shall take into consideration whether
the owner, any partner, any manager or member of a limited
liability company, or a corporate officer of the applicant is
or has been the owner, a partner, a manager or member of a
limited liability company, or a corporate officer of another
retailer that is in default for moneys due under this Act or
any other tax or fee Act administered by the Department; and
whether the owner, any partner, any manager or member of a
limited liability company, or a corporate officer of the
applicant is or has been the owner, a partner, a manager or
member of a limited liability company, or a corporate officer
of another retailer whose certificate of registration has been
revoked within the previous 5 years under this Act or any other
tax or fee Act administered by the Department. If a bond or

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

Department of the security furnished by the applicant, if
required, the Department shall issue to such applicant a
certificate of registration which shall permit the person to
whom it is issued to engage in the business of selling tangible
personal property at retail in this State. The certificate of
registration shall be conspicuously displayed at the place of
business which the person so registered states in his
application to be the principal place of business from which he
engages in the business of selling tangible personal property
at retail in this State.
No certificate of registration issued to a taxpayer who
files returns required by this Act on a monthly basis shall be
valid after the expiration of 5 years from the date of its
issuance or last renewal. The expiration date of a
sub-certificate of registration shall be that of the
certificate of registration to which the sub-certificate
relates. A certificate of registration shall automatically be
renewed, subject to revocation as provided by this Act, for an
additional 5 years from the date of its expiration unless
otherwise notified by the Department as provided by this
paragraph. Where a taxpayer to whom a certificate of
registration is issued under this Act is in default to the
State of Illinois for delinquent returns or for moneys due
under this Act or any other State tax law or municipal or
county ordinance administered or enforced by the Department,
the Department shall, not less than 120 days before the

expiration date of such certificate of registration, give
notice to the taxpayer to whom the certificate was issued of
the account period of the delinquent returns, the amount of
tax, penalty and interest due and owing from the taxpayer, and
that the certificate of registration shall not be automatically
renewed upon its expiration date unless the taxpayer, on or
before the date of expiration, has filed and paid the
delinquent returns or paid the defaulted amount in full. A
taxpayer to whom such a notice is issued shall be deemed an
applicant for renewal. The Department shall promulgate
regulations establishing procedures for taxpayers who file
returns on a monthly basis but desire and qualify to change to
a quarterly or yearly filing basis and will no longer be
subject to renewal under this Section, and for taxpayers who
file returns on a yearly or quarterly basis but who desire or
are required to change to a monthly filing basis and will be
subject to renewal under this Section.
The Department may in its discretion approve renewal by an
applicant who is in default if, at the time of application for
renewal, the applicant files all of the delinquent returns or
pays to the Department such percentage of the defaulted amount
as may be determined by the Department and agrees in writing to
waive all limitations upon the Department for collection of the
remaining defaulted amount to the Department over a period not
to exceed 5 years from the date of renewal of the certificate;
however, no renewal application submitted by an applicant who

is in default shall be approved if the immediately preceding
renewal by the applicant was conditioned upon the installment
payment agreement described in this Section. The payment
agreement herein provided for shall be in addition to and not
in lieu of the security that may be required by this Section of
a taxpayer who is no longer considered a prior continuous
compliance taxpayer. The execution of the payment agreement as
provided in this Act shall not toll the accrual of interest at
the statutory rate.
The Department may suspend a certificate of registration if
the Department finds that the person to whom the certificate of
registration has been issued knowingly sold contraband
cigarettes.
A certificate of registration issued under this Act more
than 5 years before the effective date of this amendatory Act
of 1989 shall expire and be subject to the renewal provisions
of this Section on the next anniversary of the date of issuance
of such certificate which occurs more than 6 months after the
effective date of this amendatory Act of 1989. A certificate of
registration issued less than 5 years before the effective date
of this amendatory Act of 1989 shall expire and be subject to
the renewal provisions of this Section on the 5th anniversary
of the issuance of the certificate.
If the person so registered states that he operates other
places of business from which he engages in the business of
selling tangible personal property at retail in this State, the

Department shall furnish him with a sub-certificate of
registration for each such place of business, and the applicant
shall display the appropriate sub-certificate of registration
at each such place of business. All sub-certificates of
registration shall bear the same registration number as that
appearing upon the certificate of registration to which such
sub-certificates relate.
If the applicant will sell tangible personal property at
retail through vending machines, the Department shall furnish
him with a sub-certificate of registration for each such
vending machine, and the applicant shall display the
appropriate sub-certificate of registration on each such
vending machine by attaching the sub-certificate of
registration to a conspicuous part of such vending machine. If
a person who is registered to sell tangible personal property
at retail through vending machines adds an additional vending
machine or additional vending machines to the number of vending
machines he or she uses in his or her business of selling
tangible personal property at retail, he or she shall notify
the Department, on a form prescribed by the Department, to
request an additional sub-certificate or additional
sub-certificates of registration, as applicable. With each
such request, the applicant shall report the number of
sub-certificates of registration he or she is requesting as
well as the total number of vending machines from which he or
she makes retail sales.

Where the same person engages in 2 or more businesses of
selling tangible personal property at retail in this State,
which businesses are substantially different in character or
engaged in under different trade names or engaged in under
other substantially dissimilar circumstances (so that it is
more practicable, from an accounting, auditing or bookkeeping
standpoint, for such businesses to be separately registered),
the Department may require or permit such person (subject to
the same requirements concerning the furnishing of security as
those that are provided for hereinbefore in this Section as to
each application for a certificate of registration) to apply
for and obtain a separate certificate of registration for each
such business or for any of such businesses, under a single
certificate of registration supplemented by related
sub-certificates of registration.
Any person who is registered under the "Retailers'
Occupation Tax Act" as of March 8, 1963, and who, during the
3-year period immediately prior to March 8, 1963, or during a
continuous 3-year period part of which passed immediately
before and the remainder of which passes immediately after
March 8, 1963, has been so registered continuously and who is
determined by the Department not to have been either delinquent
or deficient in the payment of tax liability during that period
under this Act or under any other State tax law or municipal or
county tax ordinance or resolution under which the certificate
of registration that is issued to the registrant under this Act

will permit the registrant to engage in business without
registering separately under such other law, ordinance or
resolution, shall be considered to be a Prior Continuous
Compliance taxpayer. Also any taxpayer who has, as verified by
the Department, faithfully and continuously complied with the
condition of his bond or other security under the provisions of
this Act for a period of 3 consecutive years shall be
considered to be a Prior Continuous Compliance taxpayer.
Every Prior Continuous Compliance taxpayer shall be exempt
from all requirements under this Act concerning the furnishing
of a bond or other security as a condition precedent to his
being authorized to engage in the business of selling tangible
personal property at retail in this State. This exemption shall
continue for each such taxpayer until such time as he may be
determined by the Department to be delinquent in the filing of
any returns, or is determined by the Department (either through
the Department's issuance of a final assessment which has
become final under the Act, or by the taxpayer's filing of a
return which admits tax that is not paid to be due) to be
delinquent or deficient in the paying of any tax under this Act
or under any other State tax law or municipal or county tax
ordinance or resolution under which the certificate of
registration that is issued to the registrant under this Act
will permit the registrant to engage in business without
registering separately under such other law, ordinance or
resolution, at which time that taxpayer shall become subject to

all the financial responsibility requirements of this Act and,
as a condition of being allowed to continue to engage in the
business of selling tangible personal property at retail, may
be required to post bond or other acceptable security with the
Department covering liability which such taxpayer may
thereafter incur. Any taxpayer who fails to pay an admitted or
established liability under this Act may also be required to
post bond or other acceptable security with this Department
guaranteeing the payment of such admitted or established
liability.
No certificate of registration shall be issued to any
person who is in default to the State of Illinois for moneys
due under this Act or under any other State tax law or
municipal or county tax ordinance or resolution under which the
certificate of registration that is issued to the applicant
under this Act will permit the applicant to engage in business
without registering separately under such other law, ordinance
or resolution.
Any person aggrieved by any decision of the Department
under this Section may, within 20 days after notice of such
decision, protest and request a hearing, whereupon the
Department shall give notice to such person of the time and
place fixed for such hearing and shall hold a hearing in
conformity with the provisions of this Act and then issue its
final administrative decision in the matter to such person. In
the absence of such a protest within 20 days, the Department's

decision shall become final without any further determination
being made or notice given.
With respect to security other than bonds (upon which the
Department may sue in the event of a forfeiture), if the
taxpayer fails to pay, when due, any amount whose payment such
security guarantees, the Department shall, after such
liability is admitted by the taxpayer or established by the
Department through the issuance of a final assessment that has
become final under the law, convert the security which that
taxpayer has furnished into money for the State, after first
giving the taxpayer at least 10 days' written notice, by
registered or certified mail, to pay the liability or forfeit
such security to the Department. If the security consists of
stocks or bonds or other securities which are listed on a
public exchange, the Department shall sell such securities
through such public exchange. If the security consists of an
irrevocable bank letter of credit, the Department shall convert
the security in the manner provided for in the Uniform
Commercial Code. If the security consists of a bank certificate
of deposit, the Department shall convert the security into
money by demanding and collecting the amount of such bank
certificate of deposit from the bank which issued such
certificate. If the security consists of a type of stocks or
other securities which are not listed on a public exchange, the
Department shall sell such security to the highest and best
bidder after giving at least 10 days' notice of the date, time

and place of the intended sale by publication in the "State
Official Newspaper". If the Department realizes more than the
amount of such liability from the security, plus the expenses
incurred by the Department in converting the security into
money, the Department shall pay such excess to the taxpayer who
furnished such security, and the balance shall be paid into the
State Treasury.
The Department shall discharge any surety and shall release
and return any security deposited, assigned, pledged or
otherwise provided to it by a taxpayer under this Section
within 30 days after:
(1) such taxpayer becomes a Prior Continuous
Compliance taxpayer; or
(2) such taxpayer has ceased to collect receipts on
which he is required to remit tax to the Department, has
filed a final tax return, and has paid to the Department an
amount sufficient to discharge his remaining tax
liability, as determined by the Department, under this Act
and under every other State tax law or municipal or county
tax ordinance or resolution under which the certificate of
registration issued under this Act permits the registrant
to engage in business without registering separately under
such other law, ordinance or resolution. The Department
shall make a final determination of the taxpayer's
outstanding tax liability as expeditiously as possible
after his final tax return has been filed; if the

Department cannot make such final determination within 45
days after receiving the final tax return, within such
period it shall so notify the taxpayer, stating its reasons
therefor.
(Source: P.A. 97-335, eff. 1-1-12; 98-496, eff. 1-1-14; 98-583,
eff. 1-1-14; revised 9-9-13.)
(35 ILCS 120/3) (from Ch. 120, par. 442)
Sec. 3. Except as provided in this Section, on or before
the twentieth day of each calendar month, every person engaged
in the business of selling tangible personal property at retail
in this State during the preceding calendar month shall file a
return with the Department, stating:
1. The name of the seller;
2. His residence address and the address of his
principal place of business and the address of the
principal place of business (if that is a different
address) from which he engages in the business of selling
tangible personal property at retail in this State;
3. Total amount of receipts received by him during the
preceding calendar month or quarter, as the case may be,
from sales of tangible personal property, and from services
furnished, by him during such preceding calendar month or
quarter;
4. Total amount received by him during the preceding
calendar month or quarter on charge and time sales of

tangible personal property, and from services furnished,
by him prior to the month or quarter for which the return
is filed;
5. Deductions allowed by law;
6. Gross receipts which were received by him during the
preceding calendar month or quarter and upon the basis of
which the tax is imposed;
7. The amount of credit provided in Section 2d of this
Act;
8. The amount of tax due;
9. The signature of the taxpayer; and
10. Such other reasonable information as the
Department may require.
If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown to be
due on the return shall be deemed assessed.
Each return shall be accompanied by the statement of
prepaid tax issued pursuant to Section 2e for which credit is
claimed.
Prior to October 1, 2003, and on and after September 1,
2004 a retailer may accept a Manufacturer's Purchase Credit
certification from a purchaser in satisfaction of Use Tax as
provided in Section 3-85 of the Use Tax Act if the purchaser
provides the appropriate documentation as required by Section
3-85 of the Use Tax Act. A Manufacturer's Purchase Credit

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

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

the Liquor Control Act of 1934, shall file a statement with the
Department of Revenue, no later than the 10th day of the month
for the preceding month during which transactions occurred, by
electronic means, showing the total amount of gross receipts
from the sale of alcoholic liquor sold or distributed during
the preceding month to purchasers; identifying the purchaser to
whom it was sold or distributed; the purchaser's tax
registration number; and such other information reasonably
required by the Department. A distributor, importing
distributor, or manufacturer of alcoholic liquor must
personally deliver, mail, or provide by electronic means to
each retailer listed on the monthly statement a report
containing a cumulative total of that distributor's, importing
distributor's, or manufacturer's total sales of alcoholic
liquor to that retailer no later than the 10th day of the month
for the preceding month during which the transaction occurred.
The distributor, importing distributor, or manufacturer shall
notify the retailer as to the method by which the distributor,
importing distributor, or manufacturer will provide the sales
information. If the retailer is unable to receive the sales
information by electronic means, the distributor, importing
distributor, or manufacturer shall furnish the sales
information by personal delivery or by mail. For purposes of
this paragraph, the term "electronic means" includes, but is
not limited to, the use of a secure Internet website, e-mail,
or facsimile.

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

all payments required by rules of the Department by electronic
funds transfer.
Before August 1 of each year beginning in 1993, the
Department shall notify all taxpayers required to make payments
by electronic funds transfer. All taxpayers required to make
payments by electronic funds transfer shall make those payments
for a minimum of one year beginning on October 1.
Any taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
All taxpayers required to make payment by electronic funds
transfer and any taxpayers authorized to voluntarily make
payments by electronic funds transfer shall make those payments
in the manner authorized by the Department.
The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
Any amount which is required to be shown or reported on any
return or other document under this Act shall, if such amount
is not a whole-dollar amount, be increased to the nearest
whole-dollar amount in any case where the fractional part of a
dollar is 50 cents or more, and decreased to the nearest
whole-dollar amount where the fractional part of a dollar is
less than 50 cents.
If the retailer is otherwise required to file a monthly
return and if the retailer's average monthly tax liability to

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

with the Department under separate registrations under this
Act, such person may not file each return that is due as a
single return covering all such registered businesses, but
shall file separate returns for each such registered business.
In addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are required to be registered with
an agency of this State, every retailer selling this kind of
tangible personal property shall file, with the Department,
upon a form to be prescribed and supplied by the Department, a
separate return for each such item of tangible personal
property which the retailer sells, except that if, in the same
transaction, (i) a retailer of aircraft, watercraft, motor
vehicles or trailers transfers more than one aircraft,
watercraft, motor vehicle or trailer to another aircraft,
watercraft, motor vehicle retailer or trailer retailer for the
purpose of resale or (ii) a retailer of aircraft, watercraft,
motor vehicles, or trailers transfers more than one aircraft,
watercraft, motor vehicle, or trailer to a purchaser for use as
a qualifying rolling stock as provided in Section 2-5 of this
Act, then that seller may report the transfer of all aircraft,
watercraft, motor vehicles or trailers involved in that
transaction to the Department on the same uniform
invoice-transaction reporting return form. For purposes of
this Section, "watercraft" means a Class 2, Class 3, or Class 4
watercraft as defined in Section 3-2 of the Boat Registration
and Safety Act, a personal watercraft, or any boat equipped

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

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

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

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

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

only if the Department's decision to revoke the certificate of
registration has become final.
Before October 1, 2000, if the taxpayer's average monthly
tax liability to the Department under this Act, the Use Tax
Act, the Service Occupation Tax Act, and the Service Use Tax
Act, excluding any liability for prepaid sales tax to be
remitted in accordance with Section 2d of this Act, was $10,000
or more during the preceding 4 complete calendar quarters, he
shall file a return with the Department each month by the 20th
day of the month next following the month during which such tax
liability is incurred and shall make payments to the Department
on or before the 7th, 15th, 22nd and last day of the month
during which such liability is incurred. On and after October
1, 2000, if the taxpayer's average monthly tax liability to the
Department under this Act, the Use Tax Act, the Service
Occupation Tax Act, and the Service Use Tax Act, excluding any
liability for prepaid sales tax to be remitted in accordance
with Section 2d of this Act, was $20,000 or more during the
preceding 4 complete calendar quarters, he shall file a return
with the Department each month by the 20th day of the month
next following the month during which such tax liability is
incurred and shall make payment to the Department on or before
the 7th, 15th, 22nd and last day of the month during which such
liability is incurred. If the month during which such tax
liability is incurred began prior to January 1, 1985, each
payment shall be in an amount equal to 1/4 of the taxpayer's

actual liability for the month or an amount set by the
Department not to exceed 1/4 of the average monthly liability
of the taxpayer to the Department for the preceding 4 complete
calendar quarters (excluding the month of highest liability and
the month of lowest liability in such 4 quarter period). If the
month during which such tax liability is incurred begins on or
after January 1, 1985 and prior to January 1, 1987, each
payment shall be in an amount equal to 22.5% of the taxpayer's
actual liability for the month or 27.5% of the taxpayer's
liability for the same calendar month of the preceding year. If
the month during which such tax liability is incurred begins on
or after January 1, 1987 and prior to January 1, 1988, each
payment shall be in an amount equal to 22.5% of the taxpayer's
actual liability for the month or 26.25% of the taxpayer's
liability for the same calendar month of the preceding year. If
the month during which such tax liability is incurred begins on
or after January 1, 1988, and prior to January 1, 1989, or
begins on or after January 1, 1996, each payment shall be in an
amount equal to 22.5% of the taxpayer's actual liability for
the month or 25% of the taxpayer's liability for the same
calendar month of the preceding year. If the month during which
such tax liability is incurred begins on or after January 1,
1989, and prior to January 1, 1996, each payment shall be in an
amount equal to 22.5% of the taxpayer's actual liability for
the month or 25% of the taxpayer's liability for the same
calendar month of the preceding year or 100% of the taxpayer's

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

(excluding the month of highest liability and the month of
lowest liability) is less than $19,000 or until such taxpayer's
average monthly liability to the Department as computed for
each calendar quarter of the 4 preceding complete calendar
quarter period is less than $20,000. However, if a taxpayer can
show the Department that a substantial change in the taxpayer's
business has occurred which causes the taxpayer to anticipate
that his average monthly tax liability for the reasonably
foreseeable future will fall below the $20,000 threshold stated
above, then such taxpayer may petition the Department for a
change in such taxpayer's reporting status. The Department
shall change such taxpayer's reporting status unless it finds
that such change is seasonal in nature and not likely to be
long term. If any such quarter monthly payment is not paid at
the time or in the amount required by this Section, then the
taxpayer shall be liable for penalties and interest on the
difference between the minimum amount due as a payment and the
amount of such quarter monthly payment actually and timely
paid, except insofar as the taxpayer has previously made
payments for that month to the Department in excess of the
minimum payments previously due as provided in this Section.
The Department shall make reasonable rules and regulations to
govern the quarter monthly payment amount and quarter monthly
payment dates for taxpayers who file on other than a calendar
monthly basis.
The provisions of this paragraph apply before October 1,

2001. Without regard to whether a taxpayer is required to make
quarter monthly payments as specified above, any taxpayer who
is required by Section 2d of this Act to collect and remit
prepaid taxes and has collected prepaid taxes which average in
excess of $25,000 per month during the preceding 2 complete
calendar quarters, shall file a return with the Department as
required by Section 2f and shall make payments to the
Department on or before the 7th, 15th, 22nd and last day of the
month during which such liability is incurred. If the month
during which such tax liability is incurred began prior to the
effective date of this amendatory Act of 1985, each payment
shall be in an amount not less than 22.5% of the taxpayer's
actual liability under Section 2d. If the month during which
such tax liability is incurred begins on or after January 1,
1986, each payment shall be in an amount equal to 22.5% of the
taxpayer's actual liability for the month or 27.5% of the
taxpayer's liability for the same calendar month of the
preceding calendar year. If the month during which such tax
liability is incurred begins on or after January 1, 1987, each
payment shall be in an amount equal to 22.5% of the taxpayer's
actual liability for the month or 26.25% of the taxpayer's
liability for the same calendar month of the preceding year.
The amount of such quarter monthly payments shall be credited
against the final tax liability of the taxpayer's return for
that month filed under this Section or Section 2f, as the case
may be. Once applicable, the requirement of the making of

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

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

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

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

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

into the fund, excluding payments made pursuant to this
paragraph.
Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into the
Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
and after July 1, 1989, 3.8% thereof shall be paid into the
Build Illinois Fund; provided, however, that if in any fiscal
year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
may be, of the moneys received by the Department and required
to be paid into the Build Illinois Fund pursuant to this Act,
Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
Act, and Section 9 of the Service Occupation Tax Act, such Acts
being hereinafter called the "Tax Acts" and such aggregate of
2.2% or 3.8%, as the case may be, of moneys being hereinafter
called the "Tax Act Amount", and (2) the amount transferred to
the Build Illinois Fund from the State and Local Sales Tax
Reform Fund shall be less than the Annual Specified Amount (as
hereinafter defined), an amount equal to the difference shall
be immediately paid into the Build Illinois Fund from other
moneys received by the Department pursuant to the Tax Acts; the
"Annual Specified Amount" means the amounts specified below for
fiscal years 1986 through 1993:
Fiscal Year Annual Specified Amount
1986 $54,800,000
1987 $76,650,000
1988 $80,480,000

1989 $88,510,000
1990 $115,330,000
1991 $145,470,000
1992 $182,730,000
1993 $206,520,000;
and means the Certified Annual Debt Service Requirement (as
defined in Section 13 of the Build Illinois Bond Act) or the
Tax Act Amount, whichever is greater, for fiscal year 1994 and
each fiscal year thereafter; and further provided, that if on
the last business day of any month the sum of (1) the Tax Act
Amount required to be deposited into the Build Illinois Bond
Account in the Build Illinois Fund during such month and (2)
the amount transferred to the Build Illinois Fund from the
State and Local Sales Tax Reform Fund shall have been less than
1/12 of the Annual Specified Amount, an amount equal to the
difference shall be immediately paid into the Build Illinois
Fund from other moneys received by the Department pursuant to
the Tax Acts; and, further provided, that in no event shall the
payments required under the preceding proviso result in
aggregate payments into the Build Illinois Fund pursuant to
this clause (b) for any fiscal year in excess of the greater of
(i) the Tax Act Amount or (ii) the Annual Specified Amount for
such fiscal year. The amounts payable into the Build Illinois
Fund under clause (b) of the first sentence in this paragraph
shall be payable only until such time as the aggregate amount
on deposit under each trust indenture securing Bonds issued and

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

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

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

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

and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning July 1, 1993 and ending on September 30,
2013, the Department shall each month pay into the Illinois Tax
Increment Fund 0.27% of 80% of the net revenue realized for the
preceding month from the 6.25% general rate on the selling
price of tangible personal property.
Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning with the receipt of the first report of
taxes paid by an eligible business and continuing for a 25-year
period, the Department shall each month pay into the Energy
Infrastructure Fund 80% of the net revenue realized from the
6.25% general rate on the selling price of Illinois-mined coal
that was sold to an eligible business. For purposes of this
paragraph, the term "eligible business" means a new electric
generating facility certified pursuant to Section 605-332 of
the Department of Commerce and Economic Opportunity Law of the
Civil Administrative Code of Illinois.
Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof shall be paid into the State
Treasury and 25% shall be reserved in a special account and
used only for the transfer to the Common School Fund as part of
the monthly transfer from the General Revenue Fund in
accordance with Section 8a of the State Finance Act.

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

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

equal to 1.7% of 80% of the net revenue realized under this Act
for the second preceding month. Beginning April 1, 2000, this
transfer is no longer required and shall not be made.
Net revenue realized for a month shall be the revenue
collected by the State pursuant to this Act, less the amount
paid out during that month as refunds to taxpayers for
overpayment of liability.
For greater simplicity of administration, manufacturers,
importers and wholesalers whose products are sold at retail in
Illinois by numerous retailers, and who wish to do so, may
assume the responsibility for accounting and paying to the
Department all tax accruing under this Act with respect to such
sales, if the retailers who are affected do not make written
objection to the Department to this arrangement.
Any person who promotes, organizes, provides retail
selling space for concessionaires or other types of sellers at
the Illinois State Fair, DuQuoin State Fair, county fairs,
local fairs, art shows, flea markets and similar exhibitions or
events, including any transient merchant as defined by Section
2 of the Transient Merchant Act of 1987, is required to file a
report with the Department providing the name of the merchant's
business, the name of the person or persons engaged in
merchant's business, the permanent address and Illinois
Retailers Occupation Tax Registration Number of the merchant,
the dates and location of the event and other reasonable
information that the Department may require. The report must be

filed not later than the 20th day of the month next following
the month during which the event with retail sales was held.
Any person who fails to file a report required by this Section
commits a business offense and is subject to a fine not to
exceed $250.
Any person engaged in the business of selling tangible
personal property at retail as a concessionaire or other type
of seller at the Illinois State Fair, county fairs, art shows,
flea markets and similar exhibitions or events, or any
transient merchants, as defined by Section 2 of the Transient
Merchant Act of 1987, may be required to make a daily report of
the amount of such sales to the Department and to make a daily
payment of the full amount of tax due. The Department shall
impose this requirement when it finds that there is a
significant risk of loss of revenue to the State at such an
exhibition or event. Such a finding shall be based on evidence
that a substantial number of concessionaires or other sellers
who are not residents of Illinois will be engaging in the
business of selling tangible personal property at retail at the
exhibition or event, or other evidence of a significant risk of
loss of revenue to the State. The Department shall notify
concessionaires and other sellers affected by the imposition of
this requirement. In the absence of notification by the
Department, the concessionaires and other sellers shall file
their returns as otherwise required in this Section.
(Source: P.A. 97-95, eff. 7-12-11; 97-333, eff. 8-12-11; 98-24,

eff. 6-19-13; 98-109, eff. 7-25-13; 98-496, eff. 1-1-14;
revised 9-9-13.)
Section 195. The Property Tax Code is amended by changing
Sections 9-275 and 15-170 as follows:
(35 ILCS 200/9-275)
Sec. 9-275. Erroneous homestead exemptions.
(a) For purposes of this Section:
"Erroneous homestead exemption" means a homestead
exemption that was granted for real property in a taxable year
if the property was not eligible for that exemption in that
taxable year. If the taxpayer receives an erroneous homestead
exemption under a single Section of this Code for the same
property in multiple years, that exemption is considered a
single erroneous homestead exemption for purposes of this
Section. However, if the taxpayer receives erroneous homestead
exemptions under multiple Sections of this Code for the same
property, or if the taxpayer receives erroneous homestead
exemptions under the same Section of this Code for multiple
properties, then each of those exemptions is considered a
separate erroneous homestead exemption for purposes of this
Section.
"Homestead exemption" means an exemption under Section
15-165 (disabled veterans), 15-167 (returning veterans),
15-168 (disabled persons), 15-169 (disabled veterans standard

homestead), 15-170 (senior citizens), 15-172 (senior citizens
assessment freeze), 15-175 (general homestead), 15-176
(alternative general homestead), or 15-177 (long-time
occupant).
(b) Notwithstanding any other provision of law, in counties
with 3,000,000 or more inhabitants, the chief county assessment
officer shall include the following information with each
assessment notice sent in a general assessment year: (1) a list
of each homestead exemption available under Article 15 of this
Code and a description of the eligibility criteria for that
exemption; (2) a list of each homestead exemption applied to
the property in the current assessment year; (3) information
regarding penalties and interest that may be incurred under
this Section if the property owner received an erroneous
homestead exemption in a previous taxable year; and (4) notice
of the 60-day grace period available under this subsection. If,
within 60 days after receiving his or her assessment notice,
the property owner notifies the chief county assessment officer
that he or she received an erroneous homestead exemption in a
previous assessment year, and if the property owner pays the
principal amount of back taxes due and owing with respect to
that exemption, plus interest as provided in subsection (f),
then the property owner shall not be liable for the penalties
provided in subsection (f) with respect to that exemption.
(c) The chief county assessment officer in a county with
3,000,000 or more inhabitants may cause a lien to be recorded

against property that (1) is located in the county and (2)
received one or more erroneous homestead exemptions if, upon
determination of the chief county assessment officer, the
property owner received: (A) one or 2 erroneous homestead
exemptions for real property, including at least one erroneous
homestead exemption granted for the property against which the
lien is sought, during any of the 3 assessment years
immediately prior to the assessment year in which the notice of
intent to record at tax lien is served; or (B) (2) 3 or more
erroneous homestead exemptions for real property, including at
least one erroneous homestead exemption granted for the
property against which the lien is sought, during any of the 6
assessment years immediately prior to the assessment year in
which the notice of intent to record at tax lien is served.
Prior to recording the lien against the property, the chief
county assessment officer shall cause to be served, by both
regular mail and certified mail, return receipt requested, on
the person to whom the most recent tax bill was mailed and the
owner of record, a notice of intent to record a tax lien
against the property.
(d) The notice of intent to record a tax lien described in
subsection (c) shall: (1) identify, by property index number,
the property against which the lien is being sought; (2)
identify each specific homestead exemption that was
erroneously granted and the year or years in which each
exemption was granted; (3) set forth the arrearage of taxes

that would have been due if not for the erroneous homestead
exemptions; (4) inform the property owner that he or she may
request a hearing within 30 days after service and may appeal
the hearing officer's ruling to the circuit court; and (5)
inform the property owner that he or she may pay the amount
due, plus interest and penalties, within 30 days after service.
(e) The notice must also include a form that the property
owner may return to the chief county assessment officer to
request a hearing. The property owner may request a hearing by
returning the form within 30 days after service. The hearing
shall be held within 90 days after the property owner is
served. The chief county assessment officer shall promulgate
rules of service and procedure for the hearing. The chief
county assessment officer must generally follow rules of
evidence and practices that prevail in the county circuit
courts, but, because of the nature of these proceedings, the
chief county assessment officer is not bound by those rules in
all particulars. The chief county assessment officer shall
appoint a hearing officer to oversee the hearing. The property
owner shall be allowed to present evidence to the hearing
officer at the hearing. After taking into consideration all the
relevant testimony and evidence, the hearing officer shall make
an administrative decision on whether the property owner was
erroneously granted a homestead exemption for the assessment
year in question. The property owner may appeal the hearing
officer's ruling to the circuit court of the county where the

property is located as a final administrative decision under
the Administrative Review Law.
(f) A lien against the property imposed under this Section
shall be filed with the county recorder of deeds, but may not
be filed sooner than 60 days after the notice was delivered to
the property owner if the property owner does not request a
hearing, or until the conclusion of the hearing and all appeals
if the property owner does request a hearing. If a lien is
filed pursuant to this Section and the property owner received
one or 2 erroneous homestead exemptions during any of the 3
assessment years immediately prior to the assessment year in
which the notice of intent to record at tax lien is served,
then the arrearages of taxes that might have been assessed for
that property, plus 10% interest per annum, shall be charged
against the property by the county treasurer. However, if a
lien is filed pursuant to this Section and the property owner
received 3 or more erroneous homestead exemptions during any of
the 6 assessment years immediately prior to the assessment year
in which the notice of intent to record at tax lien is served,
the arrearages of taxes that might have been assessed for that
property, plus a penalty of 50% of the total amount of unpaid
taxes for each year for that property and 10% interest per
annum, shall be charged against the property by the county
treasurer.
(g) If a person received an erroneous homestead exemption
under Section 15-170 and: (1) the person was the spouse, child,

grandchild, brother, sister, niece, or nephew of the previous
owner; and (2) the person received the property by bequest or
inheritance; then the person is not liable for the penalties
imposed under this subsection for any year or years during
which the county did not require an annual application for the
exemption. However, that person is responsible for any interest
owed under subsection (f).
(h) If the erroneous homestead exemption was granted as a
result of a clerical error or omission on the part of the chief
county assessment officer, and if the owner has paid its tax
bills as received for the year in which the error occurred,
then the interest and penalties authorized by this Section with
respect to that homestead exemption shall not be chargeable to
the owner. However, nothing in this Section shall prevent the
collection of the principal amount of back taxes due and owing.
(i) A lien under this Section is not valid as to (1) any
bona fide purchaser for value without notice of the erroneous
homestead exemption whose rights in and to the underlying
parcel arose after the erroneous homestead exemption was
granted but before the filing of the notice of lien; or (2) any
mortgagee, judgment creditor, or other lienor whose rights in
and to the underlying parcel arose before the filing of the
notice of lien. A title insurance policy for the property that
is issued by a title company licensed to do business in the
State showing that the property is free and clear of any liens
imposed under this Section shall be prima facie evidence that

the property owner is without notice of the erroneous homestead
exemption. Nothing in this Section shall be deemed to impair
the rights of subsequent creditors and subsequent purchasers
under Section 30 of the Conveyances Act.
(j) When a lien is filed against the property pursuant to
this Section, the chief county assessment officer shall mail a
copy of the lien to the person to whom the most recent tax bill
was mailed and to the owner of record, and the outstanding
liability created by such a lien is due and payable within 30
days after the mailing of the lien by the chief county
assessment officer. Payment shall be made to the chief county
assessment officer who shall, upon receipt of the full amount
due, provide in reasonable form a release of the lien and shall
transmit the funds received to the county treasurer for
distribution as provided in subsection (i) of this Section.
This liability is deemed delinquent and shall bear interest
beginning on the day after the due date.
(k) The unpaid taxes shall be paid to the appropriate
taxing districts. Interest shall be paid to the county where
the property is located. The penalty shall be paid to the chief
county assessment officer's office for the administration of
the provisions of this amendatory Act of the 98th General
Assembly.
(l) The chief county assessment officer in a county with
3,000,000 or more inhabitants shall establish an amnesty period
for all taxpayers owing any tax due to an erroneous homestead

exemption granted in a tax year prior to the 2013 tax year. The
amnesty period shall begin on the effective date of this
amendatory Act of the 98th General Assembly and shall run
through December 31, 2013. If, during the amnesty period, the
taxpayer pays the entire arrearage of taxes due for tax years
prior to 2013, the county clerk shall abate and not seek to
collect any interest or penalties that may be applicable and
shall not seek civil or criminal prosecution for any taxpayer
for tax years prior to 2013. Failure to pay all such taxes due
during the amnesty period established under this Section shall
invalidate the amnesty period for that taxpayer.
The chief county assessment officer in a county with
3,000,000 or more inhabitants shall (i) mail notice of the
amnesty period with the tax bills for the second installment of
taxes for the 2012 assessment year and (ii) as soon as possible
after the effective date of this amendatory Act of the 98th
General Assembly, publish notice of the amnesty period in a
newspaper of general circulation in the county. Notices shall
include information on the amnesty period, its purpose, and the
method in which to make payment.
Taxpayers who are a party to any criminal investigation or
to any civil or criminal litigation that is pending in any
circuit court or appellate court, or in the Supreme Court of
this State, for nonpayment, delinquency, or fraud in relation
to any property tax imposed by any taxing district located in
the State on the effective date of this amendatory Act of the

98th General Assembly may not take advantage of the amnesty
period.
A taxpayer who has claimed 3 or more homestead exemptions
in error shall not be eligible for the amnesty period
established under this subsection.
(Source: P.A. 98-93, eff. 7-16-13; revised 9-11-13.)
(35 ILCS 200/15-170)
Sec. 15-170. Senior Citizens Homestead Exemption. An
annual homestead exemption limited, except as described here
with relation to cooperatives or life care facilities, to a
maximum reduction set forth below from the property's value, as
equalized or assessed by the Department, is granted for
property that is occupied as a residence by a person 65 years
of age or older who is liable for paying real estate taxes on
the property and is an owner of record of the property or has a
legal or equitable interest therein as evidenced by a written
instrument, except for a leasehold interest, other than a
leasehold interest of land on which a single family residence
is located, which is occupied as a residence by a person 65
years or older who has an ownership interest therein, legal,
equitable or as a lessee, and on which he or she is liable for
the payment of property taxes. Before taxable year 2004, the
maximum reduction shall be $2,500 in counties with 3,000,000 or
more inhabitants and $2,000 in all other counties. For taxable
years 2004 through 2005, the maximum reduction shall be $3,000

in all counties. For taxable years 2006 and 2007, the maximum
reduction shall be $3,500. For taxable years 2008 through 2011,
the maximum reduction is $4,000 in all counties. For taxable
year 2012, the maximum reduction is $5,000 in counties with
3,000,000 or more inhabitants and $4,000 in all other counties.
For taxable years 2013 and thereafter, the maximum reduction is
$5,000 in all counties.
For land improved with an apartment building owned and
operated as a cooperative, the maximum reduction from the value
of the property, as equalized by the Department, shall be
multiplied by the number of apartments or units occupied by a
person 65 years of age or older who is liable, by contract with
the owner or owners of record, for paying property taxes on the
property and is an owner of record of a legal or equitable
interest in the cooperative apartment building, other than a
leasehold interest. For land improved with a life care
facility, the maximum reduction from the value of the property,
as equalized by the Department, shall be multiplied by the
number of apartments or units occupied by persons 65 years of
age or older, irrespective of any legal, equitable, or
leasehold interest in the facility, who are liable, under a
contract with the owner or owners of record of the facility,
for paying property taxes on the property. In a cooperative or
a life care facility where a homestead exemption has been
granted, the cooperative association or the management firm of
the cooperative or facility shall credit the savings resulting

from that exemption only to the apportioned tax liability of
the owner or resident who qualified for the exemption. Any
person who willfully refuses to so credit the savings shall be
guilty of a Class B misdemeanor. Under this Section and
Sections 15-175, 15-176, and 15-177, "life care facility" means
a facility, as defined in Section 2 of the Life Care Facilities
Act, with which the applicant for the homestead exemption has a
life care contract as defined in that Act.
When a homestead exemption has been granted under this
Section and the person qualifying subsequently becomes a
resident of a facility licensed under the Assisted Living and
Shared Housing Act, the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, or the ID/DD
Community Care Act, the exemption shall continue so long as the
residence continues to be occupied by the qualifying person's
spouse if the spouse is 65 years of age or older, or if the
residence remains unoccupied but is still owned by the person
qualified for the homestead exemption.
A person who will be 65 years of age during the current
assessment year shall be eligible to apply for the homestead
exemption during that assessment year. Application shall be
made during the application period in effect for the county of
his residence.
Beginning with assessment year 2003, for taxes payable in
2004, property that is first occupied as a residence after
January 1 of any assessment year by a person who is eligible

for the senior citizens homestead exemption under this Section
must be granted a pro-rata exemption for the assessment year.
The amount of the pro-rata exemption is the exemption allowed
in the county under this Section divided by 365 and multiplied
by the number of days during the assessment year the property
is occupied as a residence by a person eligible for the
exemption under this Section. The chief county assessment
officer must adopt reasonable procedures to establish
eligibility for this pro-rata exemption.
The assessor or chief county assessment officer may
determine the eligibility of a life care facility to receive
the benefits provided by this Section, by affidavit,
application, visual inspection, questionnaire or other
reasonable methods in order to insure that the tax savings
resulting from the exemption are credited by the management
firm to the apportioned tax liability of each qualifying
resident. The assessor may request reasonable proof that the
management firm has so credited the exemption.
The chief county assessment officer of each county with
less than 3,000,000 inhabitants shall provide to each person
allowed a homestead exemption under this Section a form to
designate any other person to receive a duplicate of any notice
of delinquency in the payment of taxes assessed and levied
under this Code on the property of the person receiving the
exemption. The duplicate notice shall be in addition to the
notice required to be provided to the person receiving the

exemption, and shall be given in the manner required by this
Code. The person filing the request for the duplicate notice
shall pay a fee of $5 to cover administrative costs to the
supervisor of assessments, who shall then file the executed
designation with the county collector. Notwithstanding any
other provision of this Code to the contrary, the filing of
such an executed designation requires the county collector to
provide duplicate notices as indicated by the designation. A
designation may be rescinded by the person who executed such
designation at any time, in the manner and form required by the
chief county assessment officer.
The assessor or chief county assessment officer may
determine the eligibility of residential property to receive
the homestead exemption provided by this Section by
application, visual inspection, questionnaire or other
reasonable methods. The determination shall be made in
accordance with guidelines established by the Department.
In counties with 3,000,000 or more inhabitants, beginning
in taxable year 2010, each taxpayer who has been granted an
exemption under this Section must reapply on an annual basis.
The chief county assessment officer shall mail the application
to the taxpayer. In counties with less than 3,000,000
inhabitants, the county board may by resolution provide that if
a person has been granted a homestead exemption under this
Section, the person qualifying need not reapply for the
exemption.

In counties with less than 3,000,000 inhabitants, if the
assessor or chief county assessment officer requires annual
application for verification of eligibility for an exemption
once granted under this Section, the application shall be
mailed to the taxpayer.
The assessor or chief county assessment officer shall
notify each person who qualifies for an exemption under this
Section that the person may also qualify for deferral of real
estate taxes under the Senior Citizens Real Estate Tax Deferral
Act. The notice shall set forth the qualifications needed for
deferral of real estate taxes, the address and telephone number
of county collector, and a statement that applications for
deferral of real estate taxes may be obtained from the county
collector.
Notwithstanding Sections 6 and 8 of the State Mandates Act,
no reimbursement by the State is required for the
implementation of any mandate created by this Section.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-7, eff. 4-23-13; 98-104, eff. 7-22-13; revised
8-12-13.)
Section 200. The Illinois Hydraulic Fracturing Tax Act is
amended by changing Sections 2-15, 2-45, and 2-50 as follows:
(35 ILCS 450/2-15)
Sec. 2-15. Tax imposed.

(a) For oil and gas removed on or after July 1, 2013, there
is hereby imposed a tax upon the severance and production of
oil or gas from a well on a production unit in this State
permitted, or required to be permitted, under the Illinois
Hydraulic Fracturing Regulatory Act, for sale, transport,
storage, profit, or commercial use. The tax shall be applied
equally to all portions of the value of each barrel of oil
severed and subject to such tax and to the value of the gas
severed and subject to such tax. For a period of 24 months from
the month in which oil or gas was first produced from the well,
the rate of tax shall be 3% of the value of the oil or gas
severed from the earth or water in this State. Thereafter, the
rate of the tax shall be as follows:
(1) For oil:
(A) where the average daily production from the
well during the month is less than 25 barrels, 3% of
the value of the oil severed from the earth or water;
(B) where the average daily production from the
well during the month is 25 or more barrels but less
than 50 barrels, 4% of the value of the oil severed
from the earth or water;
(C) where the average daily production from the
well during the month is 50 or more barrels but less
than 100 barrels, 5% of the value of the oil severed
from the earth or water; or
(D) where the average daily production from the

well during the month is 100 or more barrels, 6% of the
value of the oil severed from the earth or water.
(2) For gas, 6% of the value of the gas severed from
the earth or water.
If a well is required to be permitted under the Illinois
Hydraulic Fracturing Regulatory Act, the tax imposed by this
Section applies, whether or not a permit was obtained.
(b) Oil produced from a well whose average daily production
is 15 barrels or less for the 12-month period immediately
preceding the production is exempt from the tax imposed by this
Act.
(c) For the purposes of the tax imposed by this Act the
amount of oil produced shall be measured or determined, in the
case of oil, by tank tables, without deduction for overage or
losses in handling. Allowance for any reasonable and bona fide
deduction for basic sediment and water, and for correction of
temperature to 60 degrees Fahrenheit will be allowed. For the
purposes of the tax imposed by this Act the amount of gas
produced shall be measured or determined, by meter readings
showing 100% of the full volume expressed in cubic feet at a
standard base and flowing temperature of 60 degrees Fahrenheit,
and at the absolute pressure at which the gas is sold and
purchased. Correction shall be made for pressure according to
Boyle's law, and used for specific gravity according to the
gravity at which the gas is sold and purchased.
(d) The following severance and production of gas shall be

exempt from the tax imposed by this Act: gas injected into the
earth for the purpose of lifting oil, recycling, or
repressuring; gas used for fuel in connection with the
operation and development for, or production of, oil or gas in
the production unit where severed; and gas lawfully vented or
flared; gas inadvertently lost on the production unit by reason
of leaks, blowouts, or other accidental losses.
(e) All oil and gas removed from the premises where severed
is subject to the tax imposed by this Act unless exempt under
the terms of this Act.
(f) The liability for the tax accrues at the time the oil
or gas is removed from the production unit.
(Source: P.A. 98-22, eff. 6-17-13; revised 10-7-13.)
(35 ILCS 450/2-45)
Sec. 2-45. Purchaser's return and tax remittance. Each
purchaser shall make a return to the Department showing the
quantity of oil or gas purchased during the month for which the
return is filed, the price paid therefor therefore, total
value, the name and address of the operator or other person
from whom the same was purchased, a description of the
production unit in the manner prescribed by the Department from
which such oil or gas was severed and the amount of tax due
from each production unit for each calendar month. All taxes
due, or to be remitted, by the purchaser shall accompany this
return. The return shall be filed on or before the last day of

the month after the calendar month for which the return is
required. The Department shall forward the necessary
information to each Chief County Assessment Officer for the
administration and application of ad valorem real property
taxes at the county level. This information shall be forwarded
to the Chief County Assessment Officers in a yearly summary
before March 1 of the following calendar year. The Department
may require any additional report or information it may deem
necessary for the proper administration of this Act.
Such returns shall be filed electronically in the manner
prescribed by the Department. Purchasers shall make all
payments of that tax to the Department by electronic funds
transfer unless, as provided by rule, the Department grants an
exception upon petition of a purchaser. Purchasers' returns
must be accompanied by appropriate computer generated magnetic
media supporting schedule data in the format required by the
Department, unless, as provided by rule, the Department grants
an exception upon petition of a purchaser.
(Source: P.A. 98-22, eff. 6-17-13; 98-23, eff. 6-17-13; revised
10-7-13.)
(35 ILCS 450/2-50)
Sec. 2-50. Operator returns; payment of tax.
(a) If, on or after July 1, 2013, oil or gas is transported
off the production unit where severed by the operator, used on
the production unit where severed, or if the manufacture and

conversion of oil and gas into refined products occurs on the
production unit where severed, the operator is responsible for
remitting the tax imposed under subsection subsections (a) of
Section 2-15 15, on or before the last day of the month
following the end of the calendar month in which the oil and
gas is removed from the production unit, and such payment shall
be accompanied by a return to the Department showing the gross
quantity of oil or gas removed during the month for which the
return is filed, the price paid therefor therefore, and if no
price is paid therefor therefore, the value of the oil and gas,
a description of the production unit from which such oil or gas
was severed, and the amount of tax. The Department may require
any additional information it may deem necessary for the proper
administration of this Act.
(b) Operators shall file all returns electronically in the
manner prescribed by the Department unless, as provided by
rule, the Department grants an exception upon petition of an
operator. Operators shall make all payments of that tax to the
Department by electronic funds transfer unless, as provided by
rule, the Department grants an exception upon petition of an
operator. Operators' returns must be accompanied by
appropriate computer generated magnetic media supporting
schedule data in the format required by the Department, unless,
as provided by rule, the Department grants an exception upon
petition of a purchaser.
(c) Any operator who makes a monetary payment to a producer

for his or her portion of the value of products from a
production unit shall withhold from such payment the amount of
tax due from the producer. Any operator who pays any tax due
from a producer shall be entitled to reimbursement from the
producer for the tax so paid and may take credit for such
amount from any monetary payment to the producer for the value
of products. To the extent that an operator required to collect
the tax imposed by this Act has actually collected that tax,
such tax is held in trust for the benefit of the State of
Illinois.
(d) In the event the operator fails to make payment of the
tax to the State as required herein, the operator shall be
liable for the tax. A producer shall be entitled to bring an
action against such operator to recover the amount of tax so
withheld together with penalties and interest which may have
accrued by failure to make such payment. A producer shall be
entitled to all attorney fees and court costs incurred in such
action. To the extent that a producer liable for the tax
imposed by this Act collects the tax, and any penalties and
interest, from an operator, such tax, penalties, and interest
are held in trust by the producer for the benefit of the State
of Illinois.
(e) When the title to any oil or gas severed from the earth
or water is in dispute and the operator of such oil or gas is
withholding payments on account of litigation, or for any other
reason, such operator is hereby authorized, empowered and

required to deduct from the gross amount thus held the amount
of the tax imposed and to make remittance thereof to the
Department as provided in this Section.
(f) An operator required to file a return and pay the tax
under this Section shall register with the Department.
Application for a certificate of registration shall be made to
the Department upon forms furnished by the Department and shall
contain any reasonable information the Department may require.
Upon receipt of the application for a certificate of
registration in proper form, the Department shall issue to the
applicant a certificate of registration.
(g) If oil or gas is transported off the production unit
where severed by the operator and sold to a purchaser or
refiner, the State shall have a lien on all the oil or gas
severed from the production unit in this State in the hands of
the operator, the first or any subsequent purchaser thereof, or
refiner to secure the payment of the tax. If a lien is filed by
the Department, the purchaser or refiner shall withhold from
the operator the amount of tax, penalty and interest identified
in the lien.
(Source: P.A. 98-22, eff. 6-17-13; revised 10-7-13.)
Section 205. The Motor Fuel Tax Law is amended by changing
Sections 1 and 1.13A as follows:
(35 ILCS 505/1) (from Ch. 120, par. 417)

Sec. 1. For the purposes of this Act the terms set out in
the Sections following this Section and preceding Section 2
Sections 1.1 through 1.21 have the meanings ascribed to them in
those Sections.
(Source: P.A. 86-16; 86-1028; revised 10-7-13.)
(35 ILCS 505/1.13A) (from Ch. 120, par. 417.13A)
Sec. 1.13A. "1-K Kerosene" means a special low-sulfur grade
kerosene suitable for use in non-flue connected kerosene burner
appliances, and in wick-fed illuminate lamps which has a
maximum limit of .04% sulfur mass, and a freezing point of -22
degrees Fahrenheit, and has a minimum saybolt color of +16. For
purposes of this Law, 1-K Kerosene includes 1-K Kerosene that
has been dyed in accordance with Section 4d of this Law.
(Source: P.A. 91-173, eff. 1-1-00; revised 11-12-13.)
Section 210. The Water Company Invested Capital Tax Act is
amended by changing Section 14 as follows:
(35 ILCS 625/14) (from Ch. 120, par. 1424)
Sec. 14. The Illinois Administrative Procedure Act, as now
or hereafter amended, is hereby expressly adopted and shall
apply to all administrative rules and procedures of the
Department of Revenue under this Act, except that (1) paragraph
(b) of Section 5-10 of the that Act does not apply to final
orders, decisions and opinions of the Department; (2)

subparagraph 2 of paragraph (a) of Section 5-10 of that Act
does not apply to forms established by the Department for use
under this Act; and (3) the provisions of Section 10-45 of that
Act regarding proposals for decision are excluded and not
applicable to the Department under this Act to the extent
Section 10-45 applies to hearings not otherwise subject to the
Illinois Independent Tax Tribunal Act of 2012.
(Source: P.A. 97-1129, eff. 8-28-12; revised 10-17-13.)
Section 215. The Electricity Infrastructure Maintenance
Fee Law is amended by changing Section 5-6 as follows:
(35 ILCS 645/5-6)
Sec. 5-6. Validity of existing franchise fees and
agreement; police powers.
(a) On and after the effective date of this Law, no
electricity deliverer paying an infrastructure maintenance fee
imposed under this Law may be denied the right to use, directly
or indirectly, public rights of way because of the failure to
pay any other fee or charge for the right to use those rights
of way except to the extent that the electricity deliverer
during the Initial Period fails under any existing franchise
agreement to pay franchise fees which are based on the gross
receipts or gross revenues attributable to non-residential
customers or to provide free electrical service or other
compensation attributable to non-residential customers. A

municipality that imposes an infrastructure maintenance fee
pursuant to Section 5-5 shall impose no other fees or charges
upon electricity deliverers for such use except as provided by
subsections (b) or (c) of this Section.
(b) Agreements between electricity deliverers and
municipalities regarding use of the public way shall remain
valid according to and for their stated terms. However, a
municipality that, pursuant to a franchise agreement in
existence on the effective date of this Law, receives any
franchise fees, permit fees, free electrical service or other
compensation for use of the public rights of way, may impose an
infrastructure maintenance fee pursuant to this Law only if the
municipality: (1) waives its right to receive all compensation
from the electricity deliverer for use of the public rights of
way during the time the infrastructure maintenance fee is
imposed, except as provided in subsection (c), and except that
during the Initial Period any municipality may continue to
receive franchise fees, free electrical service or other
compensation from the electricity deliverer which are equal in
value to the Initial Period Compensation; and (2) provides
written notice of this waiver to the appropriate electricity
deliverer at the time that the municipality provides notice of
the imposition of the infrastructure maintenance fee under
subsection (d) of Section 5-5. For purposes of this Section,
"Initial Period Compensation" shall mean the total amount of
compensation due under the existing franchise agreement during

the Initial Period less the amount of the infrastructure
maintenance fee imposed under this Section during the Initial
Period.
(c) Nothing in this Law prohibits a municipality from the
reasonable exercise of its police powers over the public rights
of way. In addition, a municipality may require an electricity
deliverer to reimburse any special or extraordinary expenses or
costs reasonably incurred by the municipality as a direct
result of damages to its property or public rights of way, such
as the costs of restoration of streets damaged by an a
electricity deliverer that does not make timely repair of the
damage, or for the loss of revenue due to the inability to use
public facilities as a direct result of the actions of the
electricity deliverer, such as parking meters that are required
to be removed because of work of an electricity deliverer.
(Source: P.A. 90-561, eff. 8-1-98; revised 10-17-13.)
Section 220. The Illinois Pension Code is amended by
changing Sections 4-114, 8-138, 9-102, 11-134, and 13-809 as
follows:
(40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
Sec. 4-114. Pension to survivors. If a firefighter who is
not receiving a disability pension under Section 4-110 or
4-110.1 dies (1) as a result of any illness or accident, or (2)
from any cause while in receipt of a disability pension under

this Article, or (3) during retirement after 20 years service,
or (4) while vested for or in receipt of a pension payable
under subsection (b) of Section 4-109, or (5) while a deferred
pensioner, having made all required contributions, a pension
shall be paid to his or her survivors, based on the monthly
salary attached to the firefighter's rank on the last day of
service in the fire department, as follows:
(a)(1) To the surviving spouse, a monthly pension of
40% of the monthly salary, and if there is a surviving
spouse, to the guardian of any minor child or children
including a child which has been conceived but not yet
born, 12% of such monthly salary for each such child until
attainment of age 18 or until the child's marriage,
whichever occurs first. Beginning July 1, 1993, the monthly
pension to the surviving spouse shall be 54% of the monthly
salary for all persons receiving a surviving spouse pension
under this Article, regardless of whether the deceased
firefighter was in service on or after the effective date
of this amendatory Act of 1993.
(2) Beginning July 1, 2004, unless the amount provided
under paragraph (1) of this subsection (a) is greater, the
total monthly pension payable under this paragraph (a),
including any amount payable on account of children, to the
surviving spouse of a firefighter who died (i) while
receiving a retirement pension, (ii) while he or she was a
deferred pensioner with at least 20 years of creditable

service, or (iii) while he or she was in active service
having at least 20 years of creditable service, regardless
of age, shall be no less than 100% of the monthly
retirement pension earned by the deceased firefighter at
the time of death, regardless of whether death occurs
before or after attainment of age 50, including any
increases under Section 4-109.1. This minimum applies to
all such surviving spouses who are eligible to receive a
surviving spouse pension, regardless of whether the
deceased firefighter was in service on or after the
effective date of this amendatory Act of the 93rd General
Assembly, and notwithstanding any limitation on maximum
pension under paragraph (d) or any other provision of this
Article.
(3) If the pension paid on and after July 1, 2004 to
the surviving spouse of a firefighter who died on or after
July 1, 2004 and before the effective date of this
amendatory Act of the 93rd General Assembly was less than
the minimum pension payable under paragraph (1) or (2) of
this subsection (a), the fund shall pay a lump sum equal to
the difference within 90 days after the effective date of
this amendatory Act of the 93rd General Assembly.
The pension to the surviving spouse shall terminate in
the event of the surviving spouse's remarriage prior to
July 1, 1993; remarriage on or after that date does not
affect the surviving spouse's pension, regardless of

whether the deceased firefighter was in service on or after
the effective date of this amendatory Act of 1993.
The surviving spouse's pension shall be subject to the
minimum established in Section 4-109.2.
(b) Upon the death of the surviving spouse leaving one
or more minor children, or upon the death of a firefighter
leaving one or more minor children but no surviving spouse,
to the duly appointed guardian of each such child, for
support and maintenance of each such child until the child
reaches age 18 or marries, whichever occurs first, a
monthly pension of 20% of the monthly salary.
In a case where the deceased firefighter left one or
more minor children but no surviving spouse and the
guardian of a child is receiving a pension of 12% of the
monthly salary on August 16, 2013 (the effective date of
Public Act 98-391) this amendatory Act, the pension is
increased by Public Act 98-391 this amendatory Act to 20%
of the monthly salary for each such child, beginning on the
pension payment date occurring on or next following August
16, 2013 the effective date of this amendatory Act. The
changes to this Section made by Public Act 98-391 this
amendatory Act of the 98th General Assembly apply without
regard to whether the deceased firefighter was in service
on or after August 16, 2013 the effective date of this
amendatory Act.
(c) If a deceased firefighter leaves no surviving

spouse or unmarried minor children under age 18, but leaves
a dependent father or mother, to each dependent parent a
monthly pension of 18% of the monthly salary. To qualify
for the pension, a dependent parent must furnish
satisfactory proof that the deceased firefighter was at the
time of his or her death the sole supporter of the parent
or that the parent was the deceased's dependent for federal
income tax purposes.
(d) The total pension provided under paragraphs (a),
(b) and (c) of this Section shall not exceed 75% of the
monthly salary of the deceased firefighter (1) when paid to
the survivor of a firefighter who has attained 20 or more
years of service credit and who receives or is eligible to
receive a retirement pension under this Article, or (2)
when paid to the survivor of a firefighter who dies as a
result of illness or accident, or (3) when paid to the
survivor of a firefighter who dies from any cause while in
receipt of a disability pension under this Article, or (4)
when paid to the survivor of a deferred pensioner. For all
other survivors of deceased firefighters, the total
pension provided under paragraphs (a), (b) and (c) of this
Section shall not exceed 50% of the retirement annuity the
firefighter would have received on the date of death.
The maximum pension limitations in this paragraph (d)
do not control over any contrary provision of this Article
explicitly establishing a minimum amount of pension or

granting a one-time or annual increase in pension.
(e) If a firefighter leaves no eligible survivors under
paragraphs (a), (b) and (c), the board shall refund to the
firefighter's estate the amount of his or her accumulated
contributions, less the amount of pension payments, if any,
made to the firefighter while living.
(f) (Blank).
(g) If a judgment of dissolution of marriage between a
firefighter and spouse is judicially set aside subsequent
to the firefighter's death, the surviving spouse is
eligible for the pension provided in paragraph (a) only if
the judicial proceedings are filed within 2 years after the
date of the dissolution of marriage and within one year
after the firefighter's death and the board is made a party
to the proceedings. In such case the pension shall be
payable only from the date of the court's order setting
aside the judgment of dissolution of marriage.
(h) Benefits payable on account of a child under this
Section shall not be reduced or terminated by reason of the
child's attainment of age 18 if he or she is then dependent
by reason of a physical or mental disability but shall
continue to be paid as long as such dependency continues.
Individuals over the age of 18 and adjudged as a disabled
person pursuant to Article XIa of the Probate Act of 1975,
except for persons receiving benefits under Article III of
the Illinois Public Aid Code, shall be eligible to receive

benefits under this Act.
(i) Beginning January 1, 2000, the pension of the
surviving spouse of a firefighter who dies on or after
January 1, 1994 as a result of sickness, accident, or
injury incurred in or resulting from the performance of an
act of duty or from the cumulative effects of acts of duty
shall not be less than 100% of the salary attached to the
rank held by the deceased firefighter on the last day of
service, notwithstanding subsection (d) or any other
provision of this Article.
(j) Beginning July 1, 2004, the pension of the
surviving spouse of a firefighter who dies on or after
January 1, 1988 as a result of sickness, accident, or
injury incurred in or resulting from the performance of an
act of duty or from the cumulative effects of acts of duty
shall not be less than 100% of the salary attached to the
rank held by the deceased firefighter on the last day of
service, notwithstanding subsection (d) or any other
provision of this Article.
Notwithstanding any other provision of this Article, if a
person who first becomes a firefighter under this Article on or
after January 1, 2011 and who is not receiving a disability
pension under Section 4-110 or 4-110.1 dies (1) as a result of
any illness or accident, (2) from any cause while in receipt of
a disability pension under this Article, (3) during retirement
after 20 years service, (4) while vested for or in receipt of a

pension payable under subsection (b) of Section 4-109, or (5)
while a deferred pensioner, having made all required
contributions, then a pension shall be paid to his or her
survivors in the amount of 66 2/3% of the firefighter's earned
pension at the date of death. Nothing in this Section shall act
to diminish the survivor's benefits described in subsection (j)
of this Section.
Notwithstanding any other provision of this Article, the
monthly pension of a survivor of a person who first becomes a
firefighter under this Article on or after January 1, 2011
shall be increased on the January 1 after attainment of age 60
by the recipient of the survivor's pension and each January 1
thereafter by 3% or one-half the annual unadjusted percentage
increase in the consumer price index-u for the 12 months ending
with the September preceding each November 1, whichever is
less, of the originally granted survivor's pension. If the
annual unadjusted percentage change in the consumer price
index-u for a 12-month period ending in September is zero or,
when compared with the preceding period, decreases, then the
survivor's pension shall not be increased.
For the purposes of this Section, "consumer price index-u"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the average
change in prices of goods and services purchased by all urban
consumers, United States city average, all items, 1982-84 =
100. The new amount resulting from each annual adjustment shall

be determined by the Public Pension Division of the Department
of Insurance and made available to the boards of the pension
funds.
(Source: P.A. 98-391, eff. 8-16-13; revised 10-7-13.)
(40 ILCS 5/8-138) (from Ch. 108 1/2, par. 8-138)
Sec. 8-138. Minimum annuities - Additional provisions.
(a) An employee who withdraws after age 65 or more with at
least 20 years of service, for whom the amount of age and
service and prior service annuity combined is less than the
amount stated in this Section, shall from the date of
withdrawal, instead of all annuities otherwise provided, be
entitled to receive an annuity for life of $150 a year, plus 1
1/2% for each year of service, to and including 20 years, and 1
2/3% for each year of service over 20 years, of his highest
average annual salary for any 4 consecutive years within the
last 10 years of service immediately preceding the date of
withdrawal.
An employee who withdraws after 20 or more years of
service, before age 65, shall be entitled to such annuity, to
begin not earlier than upon attained age of 55 years if under
such age at withdrawal, reduced by 2% for each full year or
fractional part thereof that his attained age is less than 65,
plus an additional 2% reduction for each full year or
fractional part thereof that his attained age when annuity is
to begin is less than 60 so that the total reduction at age 55

shall be 30%.
(b) An employee who withdraws after July 1, 1957, at age 60
or over, with 20 or more years of service, for whom the age and
service and prior service annuity combined, is less than the
amount stated in this paragraph, shall, from the date of
withdrawal, instead of such annuities, be entitled to receive
an annuity for life equal to 1 2/3% for each year of service,
of the highest average annual salary for any 5 consecutive
years within the last 10 years of service immediately preceding
the date of withdrawal; provided, that in the case of any
employee who withdraws on or after July 1, 1971, such employee
age 60 or over with 20 or more years of service, shall receive
an annuity for life equal to 1.67% for each of the first 10
years of service; 1.90% for each of the next 10 years of
service; 2.10% for each year of service in excess of 20 but not
exceeding 30; and 2.30% for each year of service in excess of
30, based on the highest average annual salary for any 4
consecutive years within the last 10 years of service
immediately preceding the date of withdrawal.
An employee who withdraws after July 1, 1957 and before
January 1, 1988, with 20 or more years of service, before age
60 years is entitled to annuity, to begin not earlier than upon
attained age of 55 years, if under such age at withdrawal, as
computed in the last preceding paragraph, reduced 0.25% for
each full month or fractional part thereof that his attained
age when annuity is to begin is less than 60 if the employee

was born before January 1, 1936, or 0.5% for each such month if
the employee was born on or after January 1, 1936.
Any employee born before January 1, 1936, who withdraws
with 20 or more years of service, and any employee with 20 or
more years of service who withdraws on or after January 1,
1988, may elect to receive, in lieu of any other employee
annuity provided in this Section, an annuity for life equal to
1.80% for each of the first 10 years of service, 2.00% for each
of the next 10 years of service, 2.20% for each year of service
in excess of 20 but not exceeding 30, and 2.40% for each year
of service in excess of 30, of the highest average annual
salary for any 4 consecutive years within the last 10 years of
service immediately preceding the date of withdrawal, to begin
not earlier than upon attained age of 55 years, if under such
age at withdrawal, reduced 0.25% for each full month or
fractional part thereof that his attained age when annuity is
to begin is less than 60; except that an employee retiring on
or after January 1, 1988, at age 55 or over but less than age
60, having at least 35 years of service, or an employee
retiring on or after July 1, 1990, at age 55 or over but less
than age 60, having at least 30 years of service, or an
employee retiring on or after the effective date of this
amendatory Act of 1997, at age 55 or over but less than age 60,
having at least 25 years of service, shall not be subject to
the reduction in retirement annuity because of retirement below
age 60.

However, in the case of an employee who retired on or after
January 1, 1985 but before January 1, 1988, at age 55 or older
and with at least 35 years of service, and who was subject
under this subsection (b) to the reduction in retirement
annuity because of retirement below age 60, that reduction
shall cease to be effective January 1, 1991, and the retirement
annuity shall be recalculated accordingly.
Any employee who withdraws on or after July 1, 1990, with
20 or more years of service, may elect to receive, in lieu of
any other employee annuity provided in this Section, an annuity
for life equal to 2.20% for each year of service if withdrawal
is before January 1, 2002, or 2.40% for each year of service if
withdrawal is on or after January 1, 2002, of the highest
average annual salary for any 4 consecutive years within the
last 10 years of service immediately preceding the date of
withdrawal, to begin not earlier than upon attained age of 55
years, if under such age at withdrawal, reduced 0.25% for each
full month or fractional part thereof that his attained age
when annuity is to begin is less than 60; except that an
employee retiring at age 55 or over but less than age 60,
having at least 30 years of service, shall not be subject to
the reduction in retirement annuity because of retirement below
age 60.
Any employee who withdraws on or after the effective date
of this amendatory Act of 1997 with 20 or more years of service
may elect to receive, in lieu of any other employee annuity

provided in this Section, an annuity for life equal to 2.20%
for each year of service, if withdrawal is before January 1,
2002, or 2.40% for each year of service if withdrawal is on or
after January 1, 2002, of the highest average annual salary for
any 4 consecutive years within the last 10 years of service
immediately preceding the date of withdrawal, to begin not
earlier than upon attainment of age 55 (age 50 if the employee
has at least 30 years of service), reduced 0.25% for each full
month or remaining fractional part thereof that the employee's
attained age when annuity is to begin is less than 60; except
that an employee retiring at age 50 or over with at least 30
years of service or at age 55 or over with at least 25 years of
service shall not be subject to the reduction in retirement
annuity because of retirement below age 60.
The maximum annuity payable under part (a) and (b) of this
Section shall not exceed 70% of highest average annual salary
in the case of an employee who withdraws prior to July 1, 1971,
75% if withdrawal takes place on or after July 1, 1971 and
prior to January 1, 2002, or 80% if withdrawal takes place on
or after January 1, 2002. For the purpose of the minimum
annuity provided in this Section $1,500 is considered the
minimum annual salary for any year; and the maximum annual
salary for the computation of such annuity is $4,800 for any
year before 1953, $6000 for the years 1953 to 1956, inclusive,
and the actual annual salary, as salary is defined in this
Article, for any year thereafter.

To preserve rights existing on December 31, 1959, for
participants and contributors on that date to the fund created
by the Court and Law Department Employees' Annuity Act, who
became participants in the fund provided for on January 1,
1960, the maximum annual salary to be considered for such
persons for the years 1955 and 1956 is $7,500.
(c) For an employee receiving disability benefit, his
salary for annuity purposes under paragraphs (a) and (b) of
this Section, for all periods of disability benefit subsequent
to the year 1956, is the amount on which his disability benefit
was based.
(d) An employee with 20 or more years of service, whose
entire disability benefit credit period expires before
attainment of age 55 while still disabled for service, is
entitled upon withdrawal to the larger of (1) the minimum
annuity provided above, assuming he is then age 55, and
reducing such annuity to its actuarial equivalent as of his
attained age on such date or (2) the annuity provided from his
age and service and prior service annuity credits.
(e) The minimum annuity provisions do not apply to any
former municipal employee receiving an annuity from the fund
who re-enters service as a municipal employee, unless he
renders at least 3 years of additional service after the date
of re-entry.
(f) An employee in service on July 1, 1947, or who became a
contributor after July 1, 1947 and before attainment of age 70,

who withdraws after age 65, with less than 20 years of service
for whom the annuity has been fixed under this Article shall,
instead of the annuity so fixed, receive an annuity as follows:
Such amount as he could have received had the accumulated
amounts for annuity been improved with interest at the
effective rate to the date of his withdrawal, or to attainment
of age 70, whichever is earlier, and had the city contributed
to such earlier date for age and service annuity the amount
that it would have contributed had he been under age 65, after
the date his annuity was fixed in accordance with this Article,
and assuming his annuity were computed from such accumulations
as of his age on such earlier date. The annuity so computed
shall not exceed the annuity which would be payable under the
other provisions of this Section if the employee was credited
with 20 years of service and would qualify for annuity
thereunder.
(g) Instead of the annuity provided in this Article, an
employee having attained age 65 with at least 15 years of
service who withdraws from service on or after July 1, 1971 and
whose annuity computed under other provisions of this Article
is less than the amount provided under this paragraph, is
entitled to a minimum annuity for life equal to 1% of the
highest average annual salary, as salary is defined and limited
in this Section for any 4 consecutive years within the last 10
years of service for each year of service, plus the sum of $25
for each year of service. The annuity shall not exceed 60% of

such highest average annual salary.
(g-1) Instead of any other retirement annuity provided in
this Article, an employee who has at least 10 years of service
and withdraws from service on or after January 1, 1999 may
elect to receive a retirement annuity for life, beginning no
earlier than upon attainment of age 60, equal to 2.2% if
withdrawal is before January 1, 2002, or 2.4% if withdrawal is
on or after January 1, 2002, of final average salary for each
year of service, subject to a maximum of 75% of final average
salary if withdrawal is before January 1, 2002, or 80% if
withdrawal is on or after January 1, 2002. For the purpose of
calculating this annuity, "final average salary" means the
highest average annual salary for any 4 consecutive years in
the last 10 years of service. Notwithstanding Nothwithstanding
any provision of this subsection to the contrary, the "final
average salary" for a participant that received credit under
subsection (c) of Section 8-226 means the highest average
salary for any 4 consecutive years (or any 8 consecutive years
if the employee first became a participant on or after January
1, 2011) in the 10 years immediately prior to the leave of
absence, and adding to that highest average salary, the product
of (i) that highest average salary, (ii) the average percentage
increase in the Consumer Price Index during each 12-month
calendar year for the calendar years during the participant's
leave of absence, and (iii) the length of the leave of absence
in years, provided that this shall not exceed the participant's

salary at the local labor organization. For purposes of this
Section, the Consumer Price Index is the Consumer Price Index
for All Urban Consumers for all items published by the United
States Department of Labor.
(h) The minimum annuities provided under this Section shall
be paid in equal monthly installments.
(i) The amendatory provisions of part (b) and (g) of this
Section shall be effective July 1, 1971 and apply in the case
of every qualifying employee withdrawing on or after July 1,
1971.
(j) The amendatory provisions of this amendatory Act of
1985 (P.A. 84-23) relating to the discount of annuity because
of retirement prior to attainment of age 60, and to the
retirement formula, for those born before January 1, 1936,
shall apply only to qualifying employees withdrawing on or
after July 18, 1985.
(j-1) The changes made to this Section by Public Act 92-609
(increasing the retirement formula to 2.4% per year of service
and increasing the maximum to 80%) apply to persons who
withdraw from service on or after January 1, 2002, regardless
of whether that withdrawal takes place before the effective
date of that Act. In the case of a person who withdraws from
service on or after January 1, 2002 but begins to receive a
retirement annuity before July 1, 2002, the annuity shall be
recalculated, with the increase resulting from Public Act
92-609 accruing from the date the retirement annuity began. The

changes made by Public Act 92-609 control over the changes made
by Public Act 92-599, as provided in Section 95 of P.A. 92-609.
(k) Beginning on January 1, 1999, the minimum amount of
employee's annuity shall be $850 per month for life for the
following classes of employees, without regard to the fact that
withdrawal occurred prior to the effective date of this
amendatory Act of 1998:
(1) any employee annuitant alive and receiving a life
annuity on the effective date of this amendatory Act of
1998, except a reciprocal annuity;
(2) any employee annuitant alive and receiving a term
annuity on the effective date of this amendatory Act of
1998, except a reciprocal annuity;
(3) any employee annuitant alive and receiving a
reciprocal annuity on the effective date of this amendatory
Act of 1998, whose service in this fund is at least 5
years;
(4) any employee annuitant withdrawing after age 60 on
or after the effective date of this amendatory Act of 1998,
with at least 10 years of service in this fund.
The increases granted under items (1), (2) and (3) of this
subsection (k) shall not be limited by any other Section of
this Act.
(Source: P.A. 97-651, eff. 1-5-12; revised 9-16-13.)
(40 ILCS 5/9-102) (from Ch. 108 1/2, par. 9-102)

Sec. 9-102. Terms defined. The terms used in this Article
have the meanings ascribed to them in the Sections following
this Section and preceding Section 9-120 Sections 9-103 to
9-119, inclusive, except when the context otherwise requires.
(Source: Laws 1963, p. 161; revised 11-13-13.)
(40 ILCS 5/11-134) (from Ch. 108 1/2, par. 11-134)
Sec. 11-134. Minimum annuities.
(a) An employee whose withdrawal occurs after July 1, 1957
at age 60 or over, with 20 or more years of service, (as
service is defined or computed in Section 11-216), for whom the
age and service and prior service annuity combined is less than
the amount stated in this Section, shall, from and after the
date of withdrawal, in lieu of all annuities otherwise provided
in this Article, be entitled to receive an annuity for life of
an amount equal to 1 2/3% for each year of service, of the
highest average annual salary for any 5 consecutive years
within the last 10 years of service immediately preceding the
date of withdrawal; provided, that in the case of any employee
who withdraws on or after July 1, 1971, such employee age 60 or
over with 20 or more years of service, shall be entitled to
instead receive an annuity for life equal to 1.67% for each of
the first 10 years of service; 1.90% for each of the next 10
years of service; 2.10% for each year of service in excess of
20 but not exceeding 30; and 2.30% for each year of service in
excess of 30, based on the highest average annual salary for

any 4 consecutive years within the last 10 years of service
immediately preceding the date of withdrawal.
An employee who withdraws after July 1, 1957 and before
January 1, 1988, with 20 or more years of service, before age
60, shall be entitled to an annuity, to begin not earlier than
age 55, if under such age at withdrawal, as computed in the
last preceding paragraph, reduced 0.25% if the employee was
born before January 1, 1936, or 0.5% if the employee was born
on or after January 1, 1936, for each full month or fractional
part thereof that his attained age when such annuity is to
begin is less than 60.
Any employee born before January 1, 1936 who withdraws with
20 or more years of service, and any employee with 20 or more
years of service who withdraws on or after January 1, 1988, may
elect to receive, in lieu of any other employee annuity
provided in this Section, an annuity for life equal to 1.80%
for each of the first 10 years of service, 2.00% for each of
the next 10 years of service, 2.20% for each year of service in
excess of 20, but not exceeding 30, and 2.40% for each year of
service in excess of 30, of the highest average annual salary
for any 4 consecutive years within the last 10 years of service
immediately preceding the date of withdrawal, to begin not
earlier than upon attained age of 55 years, if under such age
at withdrawal, reduced 0.25% for each full month or fractional
part thereof that his attained age when annuity is to begin is
less than 60; except that an employee retiring on or after

January 1, 1988, at age 55 or over but less than age 60, having
at least 35 years of service, or an employee retiring on or
after July 1, 1990, at age 55 or over but less than age 60,
having at least 30 years of service, or an employee retiring on
or after the effective date of this amendatory Act of 1997, at
age 55 or over but less than age 60, having at least 25 years of
service, shall not be subject to the reduction in retirement
annuity because of retirement below age 60.
However, in the case of an employee who retired on or after
January 1, 1985 but before January 1, 1988, at age 55 or older
and with at least 35 years of service, and who was subject
under this subsection (a) to the reduction in retirement
annuity because of retirement below age 60, that reduction
shall cease to be effective January 1, 1991, and the retirement
annuity shall be recalculated accordingly.
Any employee who withdraws on or after July 1, 1990, with
20 or more years of service, may elect to receive, in lieu of
any other employee annuity provided in this Section, an annuity
for life equal to 2.20% for each year of service if withdrawal
is before January 1, 2002, or 2.40% for each year of service if
withdrawal is on or after January 1, 2002, of the highest
average annual salary for any 4 consecutive years within the
last 10 years of service immediately preceding the date of
withdrawal, to begin not earlier than upon attained age of 55
years, if under such age at withdrawal, reduced 0.25% for each
full month or fractional part thereof that his attained age

when annuity is to begin is less than 60; except that an
employee retiring at age 55 or over but less than age 60,
having at least 30 years of service, shall not be subject to
the reduction in retirement annuity because of retirement below
age 60.
Any employee who withdraws on or after the effective date
of this amendatory Act of 1997 with 20 or more years of service
may elect to receive, in lieu of any other employee annuity
provided in this Section, an annuity for life equal to 2.20%
for each year of service if withdrawal is before January 1,
2002, or 2.40% for each year of service if withdrawal is on or
after January 1, 2002, of the highest average annual salary for
any 4 consecutive years within the last 10 years of service
immediately preceding the date of withdrawal, to begin not
earlier than upon attainment of age 55 (age 50 if the employee
has at least 30 years of service), reduced 0.25% for each full
month or remaining fractional part thereof that the employee's
attained age when annuity is to begin is less than 60; except
that an employee retiring at age 50 or over with at least 30
years of service or at age 55 or over with at least 25 years of
service shall not be subject to the reduction in retirement
annuity because of retirement below age 60.
The maximum annuity payable under this paragraph (a) of
this Section shall not exceed 70% of highest average annual
salary in the case of an employee who withdraws prior to July
1, 1971, 75% if withdrawal takes place on or after July 1, 1971

and prior to January 1, 2002, or 80% if withdrawal is on or
after January 1, 2002. For the purpose of the minimum annuity
provided in said paragraphs $1,500 shall be considered the
minimum annual salary for any year; and the maximum annual
salary to be considered for the computation of such annuity
shall be $4,800 for any year prior to 1953, $6,000 for the
years 1953 to 1956, inclusive, and the actual annual salary, as
salary is defined in this Article, for any year thereafter.
(b) For an employee receiving disability benefit, his
salary for annuity purposes under this Section shall, for all
periods of disability benefit subsequent to the year 1956, be
the amount on which his disability benefit was based.
(c) An employee with 20 or more years of service, whose
entire disability benefit credit period expires prior to
attainment of age 55 while still disabled for service, shall be
entitled upon withdrawal to the larger of (1) the minimum
annuity provided above assuming that he is then age 55, and
reducing such annuity to its actuarial equivalent at his
attained age on such date, or (2) the annuity provided from his
age and service and prior service annuity credits.
(d) The minimum annuity provisions as aforesaid shall not
apply to any former employee receiving an annuity from the
fund, and who re-enters service as an employee, unless he
renders at least 3 years of additional service after the date
of re-entry.
(e) An employee in service on July 1, 1947, or who became a

contributor after July 1, 1947 and prior to July 1, 1950, or
who shall become a contributor to the fund after July 1, 1950
prior to attainment of age 70, who withdraws after age 65 with
less than 20 years of service, for whom the annuity has been
fixed under the foregoing Sections of this Article shall, in
lieu of the annuity so fixed, receive an annuity as follows:
Such amount as he could have received had the accumulated
amounts for annuity been improved with interest at the
effective rate to the date of his withdrawal, or to attainment
of age 70, whichever is earlier, and had the city contributed
to such earlier date for age and service annuity the amount
that would have been contributed had he been under age 65,
after the date his annuity was fixed in accordance with this
Article, and assuming his annuity were computed from such
accumulations as of his age on such earlier date. The annuity
so computed shall not exceed the annuity which would be payable
under the other provisions of this Section if the employee was
credited with 20 years of service and would qualify for annuity
thereunder.
(f) In lieu of the annuity provided in this or in any other
Section of this Article, an employee having attained age 65
with at least 15 years of service who withdraws from service on
or after July 1, 1971 and whose annuity computed under other
provisions of this Article is less than the amount provided
under this paragraph shall be entitled to receive a minimum
annual annuity for life equal to 1% of the highest average

annual salary for any 4 consecutive years within the last 10
years of service immediately preceding retirement for each year
of his service plus the sum of $25 for each year of service.
Such annual annuity shall not exceed the maximum percentages
stated under paragraph (a) of this Section of such highest
average annual salary.
(f-1) Instead of any other retirement annuity provided in
this Article, an employee who has at least 10 years of service
and withdraws from service on or after January 1, 1999 may
elect to receive a retirement annuity for life, beginning no
earlier than upon attainment of age 60, equal to 2.2% if
withdrawal is before January 1, 2002, or 2.4% for each year of
service if withdrawal is on or after January 1, 2002, of final
average salary for each year of service, subject to a maximum
of 75% of final average salary if withdrawal is before January
1, 2002, or 80% if withdrawal is on or after January 1, 2002.
For the purpose of calculating this annuity, "final average
salary" means the highest average annual salary for any 4
consecutive years in the last 10 years of service.
Notwithstanding Nothwithstanding any provision of this
subsection to the contrary, the "final average salary" for a
participant that received credit under item (3) of subsection
(c) of Section 11-215 means the highest average salary for any
4 consecutive years (or any 8 consecutive years if the employee
first became a participant on or after January 1, 2011) in the
10 years immediately prior to the leave of absence, and adding

to that highest average salary, the product of (i) that highest
average salary, (ii) the average percentage increase in the
Consumer Price Index during each 12-month calendar year for the
calendar years during the participant's leave of absence, and
(iii) the length of the leave of absence in years, provided
that this shall not exceed the participant's salary at the
local labor organization. For purposes of this Section, the
Consumer Price Index is the Consumer Price Index for All Urban
Consumers for all items published by the United States
Department of Labor.
(g) Any annuity payable under the preceding subsections of
this Section 11-134 shall be paid in equal monthly
installments.
(h) The amendatory provisions of part (a) and (f) of this
Section shall be effective July 1, 1971 and apply in the case
of every qualifying employee withdrawing on or after July 1,
1971.
(h-1) The changes made to this Section by Public Act 92-609
(increasing the retirement formula to 2.4% per year of service
and increasing the maximum to 80%) apply to persons who
withdraw from service on or after January 1, 2002, regardless
of whether that withdrawal takes place before the effective
date of that Act. In the case of a person who withdraws from
service on or after January 1, 2002 but begins to receive a
retirement annuity before July 1, 2002, the annuity shall be
recalculated, with the increase resulting from Public Act

92-609 accruing from the date the retirement annuity began. The
changes made by Public Act 92-609 control over the changes made
by Public Act 92-599, as provided in Section 95 of P.A. 92-609.
(i) The amendatory provisions of this amendatory Act of
1985 relating to the discount of annuity because of retirement
prior to attainment of age 60 and increasing the retirement
formula for those born before January 1, 1936, shall apply only
to qualifying employees withdrawing on or after August 16,
1985.
(j) Beginning on January 1, 1999, the minimum amount of
employee's annuity shall be $850 per month for life for the
following classes of employees, without regard to the fact that
withdrawal occurred prior to the effective date of this
amendatory Act of 1998:
(1) any employee annuitant alive and receiving a life
annuity on the effective date of this amendatory Act of
1998, except a reciprocal annuity;
(2) any employee annuitant alive and receiving a term
annuity on the effective date of this amendatory Act of
1998, except a reciprocal annuity;
(3) any employee annuitant alive and receiving a
reciprocal annuity on the effective date of this amendatory
Act of 1998, whose service in this fund is at least 5
years;
(4) any employee annuitant withdrawing after age 60 on
or after the effective date of this amendatory Act of 1998,

with at least 10 years of service in this fund.
The increases granted under items (1), (2) and (3) of this
subsection (j) shall not be limited by any other Section of
this Act.
(Source: P.A. 97-651, eff. 1-5-12; revised 9-16-13.)
(40 ILCS 5/13-809) (from Ch. 108 1/2, par. 13-809)
Sec. 13-809. Administrative review. The provisions of the
Administrative Review Law Act, and all amendments and
modifications thereof and the rules adopted pursuant thereto
shall apply to and govern all proceedings for the judicial
review of final administrative decisions of the Retirement
Board provided for under this Article. The term "administrative
decision" is as defined in Section 3-101 of the Code of Civil
Procedure.
(Source: P.A. 87-794; revised 10-7-13.)
Section 225. The Illinois Police Training Act is amended by
changing Section 7 and by setting forth and renumbering
multiple versions of Section 10.14 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 arrest, search and seizure, civil
rights, human relations, cultural diversity, including racial
and ethnic sensitivity, criminal law, law of criminal
procedure, 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), handling of
juvenile offenders, recognition of mental conditions which
require immediate assistance and methods to safeguard and
provide assistance to a person in need of mental treatment,
recognition of abuse, neglect, financial exploitation, and
self-neglect of adults with disabilities and older adults, as
defined in Section 2 of the Adult Protective Services Act,
crimes against the elderly, law of evidence, the hazards of
high-speed police vehicle chases with an emphasis on
alternatives to the high-speed chase, and physical training.
The curriculum shall include specific training in techniques
for immediate response to and investigation of cases of
domestic violence and of sexual assault of adults and children.
The curriculum shall include training in techniques designed to
promote effective communication at the initial contact with

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

(including cardiopulmonary resuscitation).
e. Minimum basic training requirements, which a
probationary county corrections officer must satisfactorily
complete before being eligible for permanent employment as a
county corrections officer for a participating local
governmental agency.
f. Minimum basic training requirements which a
probationary court security officer must satisfactorily
complete before being eligible for permanent employment as a
court security officer for a participating local governmental
agency. The Board shall establish those training requirements
which it considers appropriate for court security officers and
shall certify schools to conduct that training.
A person hired to serve as a court security officer must
obtain from the Board a certificate (i) attesting to his or her
successful completion of the training course; (ii) attesting to
his or her satisfactory completion of a training program of
similar content and number of hours that has been found
acceptable by the Board under the provisions of this Act; or
(iii) attesting to the Board's determination that the training
course is unnecessary because of the person's extensive prior
law enforcement experience.
Individuals who currently serve as court security officers
shall be deemed qualified to continue to serve in that capacity
so long as they are certified as provided by this Act within 24
months of the effective date of this amendatory Act of 1996.

Failure to be so certified, absent a waiver from the Board,
shall cause the officer to forfeit his or her position.
All individuals hired as court security officers on or
after the effective date of this amendatory Act of 1996 shall
be certified within 12 months of the date of their hire, unless
a waiver has been obtained by the Board, or they shall forfeit
their positions.
The Sheriff's Merit Commission, if one exists, or the
Sheriff's Office if there is no Sheriff's Merit Commission,
shall maintain a list of all individuals who have filed
applications to become court security officers and who meet the
eligibility requirements established under this Act. Either
the Sheriff's Merit Commission, or the Sheriff's Office if no
Sheriff's Merit Commission exists, shall establish a schedule
of reasonable intervals for verification of the applicants'
qualifications under this Act and as established by the Board.
(Source: P.A. 97-815, eff. 1-1-13; 97-862, eff. 1-1-13; 98-49,
eff. 7-1-13; 98-358, eff. 1-1-14; 98-463, eff. 8-16-13; revised
9-11-13.)
(50 ILCS 705/10.14)
Sec. 10.14. Training; animal fighting awareness and humane
response. The Illinois Law Enforcement Training Standards
Board shall conduct or approve a training program in animal
fighting awareness and humane response for law enforcement
officers of local government agencies. The purpose of that

training shall be to equip law enforcement officers of local
government agencies to identify animal fighting operations and
respond appropriately. This training shall also include a
humane response component that will provide guidelines for
appropriate law enforcement response to animal abuse, cruelty,
and neglect, or similar condition, as well as training on
canine behavior and nonlethal ways to subdue a canine.
(Source: P.A. 98-311, eff. 1-1-14.)
(50 ILCS 705/10.15)
(Section scheduled to be repealed on July 1, 2016)
Sec. 10.15 10.14. Electronic control devices used by local
law enforcement agencies; inspections.
(a) For the purposes of this Section, "electronic control
device" means:
(1) any device which is powered by electrical charging
units, such as, batteries, and which fires one or several
barbs attached to a length of wire and which, upon hitting
a human, can send out a current capable of disrupting the
person's nervous system in such a manner as to render the
person incapable of normal functioning; or
(2) any device which is powered by electrical charging
units, such as batteries, and which, upon contact with a
human or clothing worn by a human, can send out current
capable of disrupting the person's nervous system in such a
manner as to render the person incapable of normal

functioning.
(b) Beginning January 1, 2014 and ending December 31, 2015,
the Board shall randomly inspect police departments of units of
local government and university police departments concerning
the use of electronic control devices by law enforcement
officers of the departments to determine whether the officers
received appropriate training in their use. The Board shall
compile the information from the random inspections and analyze
the results.
(c) Based on the analysis required in subsection (b), the
Board shall issue a report and present its report and findings
to the Governor and General Assembly on or before June 30,
2016. The Board in its report may recommend legislation
concerning the use of electronic control devices by law
enforcement officers and the training of law enforcement
officers in the use of those devices.
(d) This Section is repealed on July 1, 2016.
(Source: P.A. 98-358, eff. 1-1-14; revised 10-17-13.)
Section 230. The Counties Code is amended by changing
Sections 3-3016.5, 3-5018, 5-1062.3, 5-12001.2, 5-44020, and
6-27005 and by setting forth and renumbering multiple versions
of Section 5-1134 as follows:
(55 ILCS 5/3-3016.5)
Sec. 3-3016.5. Sudden, unexpected death in epilepsy

(SUDEP).
(a) All autopsies conducted in this State shall include an
inquiry to determine whether the death was a direct result of a
seizure or epilepsy. If the findings in an autopsy of a medical
examiner, examining physician, or coroner are consistent with
known or suspected sudden, unexpected death in epilepsy
(SUDEP), then the medical examiner, examining physician, or
coroner shall:
(1) cause to be indicated on the death certificate that
SUDEP is the cause or suspected cause of death; and
(2) forward a copy of the death certificate to the
North American SUDEP Registry at the Langone Medical Center
at New York University within 30 days.
(b) For the purposes of this Section, "sudden, unexpected
death in epilepsy" refers to a death in a patient previously
diagnosed with epilepsy that is not due to trauma, drowning,
status epilepticus, or other known causes, but for which there
is often evidence of an associated seizure. A finding of
sudden, unexpected death in epilepsy is definite when clinical
criteria are met and autopsy reveals no alternative cause of
death, such as stroke, myocardial infarction, or drug
intoxication, although there may be evidence of a seizure.
(Source: P.A. 98-340, eff. 1-1-14; revised 10-8-13.)
(55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018)
Sec. 3-5018. Fees. The recorder elected as provided for in

this Division shall receive such fees as are or may be provided
for him or her by law, in case of provision therefor: otherwise
he or she shall receive the same fees as are or may be provided
in this Section, except when increased by county ordinance
pursuant to the provisions of this Section, to be paid to the
county clerk for his or her services in the office of recorder
for like services.
For recording deeds or other instruments, $12 for the first
4 pages thereof, plus $1 for each additional page thereof, plus
$1 for each additional document number therein noted. The
aggregate minimum fee for recording any one instrument shall
not be less than $12.
For recording deeds or other instruments wherein the
premises affected thereby are referred to by document number
and not by legal description, a fee of $1 in addition to that
hereinabove referred to for each document number therein noted.
For recording assignments of mortgages, leases or liens,
$12 for the first 4 pages thereof, plus $1 for each additional
page thereof. However, except for leases and liens pertaining
to oil, gas and other minerals, whenever a mortgage, lease or
lien assignment assigns more than one mortgage, lease or lien
document, a $7 fee shall be charged for the recording of each
such mortgage, lease or lien document after the first one.
For recording any document that affects an interest in real
property other than documents which solely affect or relate to
an easement for water, sewer, electricity, gas, telephone or

other public service, the recorder shall charge a fee of $1 per
document to all filers of documents not filed by any State
agency, any unit of local government, or any school district.
Fifty cents of the $1 fee hereby established shall be deposited
into the County General Revenue Fund. The remaining $0.50 shall
be deposited into the Recorder's Automation Fund and may not be
appropriated or expended for any other purpose. The additional
amounts available to the recorder for expenditure from the
Recorder's Automation Fund shall not offset or reduce any other
county appropriations or funding for the office of the
recorder.
For recording maps or plats of additions or subdivisions
approved by the county or municipality (including the spreading
of the same of record in map case or other proper books) or
plats of condominiums, $50 for the first page, plus $1 for each
additional page thereof except that in the case of recording a
single page, legal size 8 1/2 x 14, plat of survey in which
there are no more than two lots or parcels of land, the fee
shall be $12. In each county where such maps or plats are to be
recorded, the recorder may require the same to be accompanied
by such number of exact, true and legible copies thereof as the
recorder deems necessary for the efficient conduct and
operation of his or her office.
For non-certified copies of records, an amount not to
exceed one-half of the amount provided in this Section for
certified copies, according to a standard scale of fees,

established by county ordinance and made public. The provisions
of this paragraph shall not be applicable to any person or
entity who obtains non-certified copies of records in the
following manner: (i) in bulk for all documents recorded on any
given day in an electronic or paper format for a negotiated
amount less than the amount provided for in this paragraph for
non-certified copies, (ii) under a contractual relationship
with the recorder for a negotiated amount less than the amount
provided for in this paragraph for non-certified copies,
or (iii) by means of Internet access pursuant to Section
5-1106.1.
For certified copies of records, the same fees as for
recording, but in no case shall the fee for a certified copy of
a map or plat of an addition, subdivision or otherwise exceed
$10.
Each certificate of such recorder of the recording of the
deed or other writing and of the date of recording the same
signed by such recorder, shall be sufficient evidence of the
recording thereof, and such certificate including the indexing
of record, shall be furnished upon the payment of the fee for
recording the instrument, and no additional fee shall be
allowed for the certificate or indexing.
The recorder shall charge an additional fee, in an amount
equal to the fee otherwise provided by law, for recording a
document (other than a document filed under the Plat Act or the
Uniform Commercial Code) that does not conform to the following

standards:
(1) The document shall consist of one or more
individual sheets measuring 8.5 inches by 11 inches, not
permanently bound and not a continuous form. Graphic
displays accompanying a document to be recorded that
measure up to 11 inches by 17 inches shall be recorded
without charging an additional fee.
(2) The document shall be legibly printed in black ink,
by hand, type, or computer. Signatures and dates may be in
contrasting colors if they will reproduce clearly.
(3) The document shall be on white paper of not less
than 20-pound weight and shall have a clean margin of at
least one-half inch on the top, the bottom, and each side.
Margins may be used for non-essential notations that will
not affect the validity of the document, including but not
limited to form numbers, page numbers, and customer
notations.
(4) The first page of the document shall contain a
blank space, measuring at least 3 inches by 5 inches, from
the upper right corner.
(5) The document shall not have any attachment stapled
or otherwise affixed to any page.
A document that does not conform to these standards shall not
be recorded except upon payment of the additional fee required
under this paragraph. This paragraph, as amended by this
amendatory Act of 1995, applies only to documents dated after

the effective date of this amendatory Act of 1995.
The county board of any county may provide for an
additional charge of $3 for filing every instrument, paper, or
notice for record, (1) in order to defray the cost of
converting the county recorder's document storage system to
computers or micrographics and (2) in order to defray the cost
of providing access to records through the global information
system known as the Internet.
A special fund shall be set up by the treasurer of the
county and such funds collected pursuant to Public Act 83-1321
shall be used (1) for a document storage system to provide the
equipment, materials and necessary expenses incurred to help
defray the costs of implementing and maintaining such a
document records system and (2) for a system to provide
electronic access to those records.
The county board of any county that provides and maintains
a countywide map through a Geographic Information System (GIS)
may provide for an additional charge of $3 for filing every
instrument, paper, or notice for record (1) in order to defray
the cost of implementing or maintaining the county's Geographic
Information System and (2) in order to defray the cost of
providing electronic or automated access to the county's
Geographic Information System or property records. Of that
amount, $2 must be deposited into a special fund set up by the
treasurer of the county, and any moneys collected pursuant to
this amendatory Act of the 91st General Assembly and deposited

into that fund must be used solely for the equipment,
materials, and necessary expenses incurred in implementing and
maintaining a Geographic Information System and in order to
defray the cost of providing electronic access to the county's
Geographic Information System records. The remaining $1 must be
deposited into the recorder's special funds created under
Section 3-5005.4. The recorder may, in his or her discretion,
use moneys in the funds created under Section 3-5005.4 to
defray the cost of implementing or maintaining the county's
Geographic Information System and to defray the cost of
providing electronic access to the county's Geographic
Information System records.
The recorder shall collect a $9 Rental Housing Support
Program State surcharge for the recordation of any real
estate-related document. Payment of the Rental Housing Support
Program State surcharge shall be evidenced by a receipt that
shall be marked upon or otherwise affixed to the real
estate-related document by the recorder. The form of this
receipt shall be prescribed by the Department of Revenue and
the receipts shall be issued by the Department of Revenue to
each county recorder.
The recorder shall not collect the Rental Housing Support
Program State surcharge from any State agency, any unit of
local government or any school district.
On the 15th day of each month, each county recorder shall
report to the Department of Revenue, on a form prescribed by

the Department, the number of real estate-related documents
recorded for which the Rental Housing Support Program State
surcharge was collected. Each recorder shall submit $9 of each
surcharge collected in the preceding month to the Department of
Revenue and the Department shall deposit these amounts in the
Rental Housing Support Program Fund. Subject to appropriation,
amounts in the Fund may be expended only for the purpose of
funding and administering the Rental Housing Support Program.
For purposes of this Section, "real estate-related
document" means that term as it is defined in Section 7 of the
Rental Housing Support Program Act.
The foregoing fees allowed by this Section are the maximum
fees that may be collected from any officer, agency, department
or other instrumentality of the State. The county board may,
however, by ordinance, increase the fees allowed by this
Section and collect such increased fees from all persons and
entities other than officers, agencies, departments and other
instrumentalities of the State if the increase is justified by
an acceptable cost study showing that the fees allowed by this
Section are not sufficient to cover the cost of providing the
service. Regardless of any other provision in this Section, the
maximum fee that may be collected from the Department of
Revenue for filing or indexing a lien, certificate of lien
release or subordination, or any other type of notice or other
documentation affecting or concerning a lien is $5. Regardless
of any other provision in this Section, the maximum fee that

may be collected from the Department of Revenue for indexing
each additional name in excess of one for any lien, certificate
of lien release or subordination, or any other type of notice
or other documentation affecting or concerning a lien is $1.
A statement of the costs of providing each service, program
and activity shall be prepared by the county board. All
supporting documents shall be public record and subject to
public examination and audit. All direct and indirect costs, as
defined in the United States Office of Management and Budget
Circular A-87, may be included in the determination of the
costs of each service, program and activity.
(Source: P.A. 98-5, eff. 3-22-13; 98-217, eff. 8-9-13; revised
9-24-13.)
(55 ILCS 5/5-1062.3)
Sec. 5-1062.3. Stormwater management; DuPage and Peoria
Counties.
(a) The purpose of this Section is to allow management and
mitigation of the effects of urbanization on stormwater
drainage in the metropolitan counties of DuPage and Peoria, and
references to "county" in this Section apply only to those
counties. This Section does not apply to a municipality that
only partially lies within one of these counties and, on the
effective date of this amendatory Act of the 98th General
Assembly, is served by an existing Section in the Counties Code
regarding stormwater management. The purpose of this Section

shall be achieved by:
(1) consolidating the existing stormwater management
framework into a united, countywide structure;
(2) setting minimum standards for floodplain and
stormwater management; and
(3) preparing a countywide plan for the management of
stormwater runoff, including the management of natural and
man-made drainageways. The countywide plan may incorporate
watershed plans.
(b) A stormwater management planning committee may be
established by county board resolution, with its membership
consisting of equal numbers of county board and municipal
representatives from each county board district, and such other
members as may be determined by the county and municipal
members. If the county has more than 6 county board districts,
however, the county board may by ordinance divide the county
into not less than 6 areas of approximately equal population,
to be used instead of county board districts for the purpose of
determining representation on the stormwater management
planning committee.
The county board members shall be appointed by the chairman
of the county board. Municipal members from each county board
district or other represented area shall be appointed by a
majority vote of the mayors of those municipalities that have
the greatest percentage of their respective populations
residing in that county board district or other represented

area. All municipal and county board representatives shall be
entitled to a vote; the other members shall be nonvoting
members, unless authorized to vote by the unanimous consent of
the municipal and county board representatives. A municipality
that is located in more than one county may choose, at the time
of formation of the stormwater management planning committee
and based on watershed boundaries, to participate in the
stormwater management planning program of either county.
Subcommittees of the stormwater management planning committee
may be established to serve a portion of the county or a
particular drainage basin that has similar stormwater
management needs. The stormwater management planning committee
shall adopt bylaws, by a majority vote of the county and
municipal members, to govern the functions of the committee and
its subcommittees. Officers of the committee shall include a
chair and vice chair, one of whom shall be a county
representative and one a municipal representative.
The principal duties of the committee shall be to develop a
stormwater management plan for presentation to and approval by
the county board, and to direct the plan's implementation and
revision. The committee may retain engineering, legal, and
financial advisors and inspection personnel. The committee
shall meet at least quarterly and shall hold at least one
public meeting during the preparation of the plan and prior to
its submittal to the county board. The committee may make
grants to units of local government that have adopted an

ordinance requiring actions consistent with the stormwater
management plan and to landowners for the purposes of
stormwater management, including special projects; use of the
grant money must be consistent with the stormwater management
plan.
The committee shall not have or exercise any power of
eminent domain.
(c) In the preparation of a stormwater management plan, a
county stormwater management planning committee shall
coordinate the planning process with each adjoining county to
ensure that recommended stormwater projects will have no
significant impact on the levels or flows of stormwaters in
inter-county watersheds or on the capacity of existing and
planned stormwater retention facilities. An adopted stormwater
management plan shall identify steps taken by the county to
coordinate the development of plan recommendations with
adjoining counties.
(d) The stormwater management committee may not enforce any
rules or regulations that would interfere with (i) any power
granted by the Illinois Drainage Code (70 ILCS 605/) to
operate, construct, maintain, or improve drainage systems or
(ii) the ability to operate, maintain, or improve the drainage
systems used on or by land or a facility used for production
agriculture purposes, as defined in the Use Tax Act (35 ILCS
105/), except newly constructed buildings and newly installed
impervious paved surfaces. Disputes regarding an exception

shall be determined by a mutually agreed upon arbitrator paid
by the disputing party or parties.
(e) Before the stormwater management planning committee
recommends to the county board a stormwater management plan for
the county or a portion thereof, it shall submit the plan to
the Office of Water Resources of the Department of Natural
Resources for review and recommendations. The Office, in
reviewing the plan, shall consider such factors as impacts on
the levels or flows in rivers and streams and the cumulative
effects of stormwater discharges on flood levels. The Office of
Water Resources shall determine whether the plan or ordinances
enacted to implement the plan complies with the requirements of
subsection (f). Within a period not to exceed 60 days, the
review comments and recommendations shall be submitted to the
stormwater management planning committee for consideration.
Any amendments to the plan shall be submitted to the Office for
review.
(f) Prior to recommending the plan to the county board, the
stormwater management planning committee shall hold at least
one public hearing thereon and shall afford interested persons
an opportunity to be heard. The hearing shall be held in the
county seat. Notice of the hearing shall be published at least
once and no less than 15 days in advance of the hearing in a
newspaper of general circulation published in the county. The
notice shall state the time and place of the hearing and the
place where copies of the proposed plan will be accessible for

examination by interested parties. If an affected municipality
having a stormwater management plan adopted by ordinance wishes
to protest the proposed county plan provisions, it shall appear
at the hearing and submit in writing specific proposals to the
stormwater management planning committee. After consideration
of the matters raised at the hearing, the committee may amend
or approve the plan and recommend it to the county board for
adoption.
The county board may enact the proposed plan by ordinance.
If the proposals for modification of the plan made by an
affected municipality having a stormwater management plan are
not included in the proposed county plan, and the municipality
affected by the plan opposes adoption of the county plan by
resolution of its corporate authorities, approval of the county
plan shall require an affirmative vote of at least two-thirds
of the county board members present and voting. If the county
board wishes to amend the county plan, it shall submit in
writing specific proposals to the stormwater management
planning committee. If the proposals are not approved by the
committee, or are opposed by resolution of the corporate
authorities of an affected municipality having a municipal
stormwater management plan, amendment of the plan shall require
an affirmative vote of at least two-thirds of the county board
members present and voting.
(g) The county board may prescribe by ordinance reasonable
rules and regulations for floodplain management and for

governing the location, width, course, and release rate of all
stormwater runoff channels, streams, and basins in the county,
in accordance with the adopted stormwater management plan.
Land, facilities, and drainage district facilities used for
production agriculture as defined in subsection (d) shall not
be subjected to regulation by the county board or stormwater
management committee under this Section for floodplain
management and for governing location, width, course,
maintenance, and release rate of stormwater runoff channels,
streams and basins, or water discharged from a drainage
district. These rules and regulations shall, at a minimum, meet
the standards for floodplain management established by the
Office of Water Resources and the requirements of the Federal
Emergency Management Agency for participation in the National
Flood Insurance Program. With respect to DuPage County only,
the Chicago Metropolitan Agency for Planning may not impose
more stringent regulations regarding water quality on entities
discharging in accordance with a valid National Pollution
Discharge Elimination System permit issued under the
Environmental Protection Act.
(h) For the purpose of implementing this Section and for
the development, design, planning, construction, operation,
and maintenance of stormwater facilities provided for in the
adopted stormwater management plan, a county board that has
established a stormwater management planning committee
pursuant to this Section or has participated in a stormwater

management planning process may adopt a schedule of fees
applicable to all real property within the county which
benefits from the county's stormwater management facilities
and activities, and as may be necessary to mitigate the effects
of increased stormwater runoff resulting from development. The
total amount of the fees assessed must be specifically and
uniquely attributable to the actual costs of the county in the
preparation, administration, and implementation of the adopted
stormwater management plan, construction and maintenance of
stormwater facilities, and other activities related to the
management of the runoff from the property. The individual fees
must be specifically and uniquely attributable to the portion
of the actual cost to the county of managing the runoff from
the property. The fees shall be used to finance activities
undertaken by the county or its included municipalities to
mitigate the effects of urban stormwater runoff by providing
and maintaining stormwater collection, retention, detention,
and particulate treatment facilities, and improving water
bodies impacted by stormwater runoff, as identified in the
county plan. In establishing, maintaining, or replacing such
facilities, the county shall not duplicate facilities operated
by other governmental bodies within its corporate boundaries.
The schedule of fees established by the county board shall
include a procedure for a full or partial fee waiver for
property owners who have taken actions or put in place
facilities that reduce or eliminate the cost to the county of

providing stormwater management services to their property.
The county board may also offer tax or fee rebates or incentive
payments to property owners who construct, maintain, and use
approved green infrastructure stormwater management devices or
any other methods that reduce or eliminate the cost to the
county of providing stormwater management services to the
property, including but not limited to facilities that reduce
the volume, temperature, velocity, and pollutant load of the
stormwater managed by the county, such as systems that
infiltrate, evapotranspirate, or harvest stormwater for reuse,
known as "green infrastructure". In exercising this authority,
the county shall provide notice to the municipalities within
its jurisdiction their jurisdictions of any fees proposed under
this Section and seek the input of each municipality with
respect to the calculation of the fees. The county shall also
give property owners at least 2 years' notice of the fee,
during which time the county shall provide education on green
infrastructure practices and an opportunity to take action to
reduce or eliminate the fee. All these fees collected by the
county shall be held in a separate fund, and shall be expended
only in the watershed within which they were collected. The
county may enter into intergovernmental agreements with other
government bodies for the joint administration of stormwater
management and the collection of the fees authorized in this
Section.
A fee schedule authorized by this subsection must have the

same limit as the authorized stormwater tax. In Peoria County
only, the fee schedule shall not be adopted unless (i) a
referendum has been passed approving a stormwater tax as
provided in subsection (i) of this Section; or (ii) the
question of the adoption of a fee schedule with the same limit
as the authorized stormwater tax has been approved in a
referendum by a majority of those voting on the question.
(i) In the alternative to a fee imposed under subsection
(h), the county board may cause an annual tax of not to exceed
0.20% of the value, as equalized or assessed by the Department
of Revenue, of all taxable property in the county to be levied
upon all the taxable property in the county. The property tax
shall be in addition to all other taxes authorized by law to be
levied and collected in the county and shall be in addition to
the maximum tax rate authorized by law for general county
purposes. The 0.20% limitation provided in this Section may be
increased or decreased by referendum in accordance with the
provisions of Sections 18-120, 18-125, and 18-130 of the
Property Tax Code (35 ILCS 200/).
Any revenues generated as a result of ownership or
operation of facilities or land acquired with the tax funds
collected pursuant to this subsection shall be held in a
separate fund and be used either to abate such property tax or
for implementing this Section.
If at least part of the county has been declared by a
presidential proclamation after July 1, 1986 and before

December 31, 1987, to be a disaster area as a result of
flooding, the tax authorized by this subsection does not
require approval by referendum. However, in Peoria County, the
tax authorized by this subsection shall not be levied until the
question of its adoption, either for a specified period or
indefinitely, has been submitted to the electors thereof and
approved by a majority of those voting on the question. This
question may be submitted at any election held in the county
after the adoption of a resolution by the county board
providing for the submission of the question to the electors of
the county. The county board shall certify the resolution and
proposition to the proper election officials, who shall submit
the proposition at an election in accordance with the general
election law. If a majority of the votes cast on the question
is in favor of the levy of the tax, it may thereafter be levied
in the county for the specified period or indefinitely, as
provided in the proposition. The question shall be put in
substantially the following form:
Shall an annual tax be levied for stormwater management
purposes (for a period of not more than ..... years) at a
rate not exceeding .....% of the equalized assessed value
of the taxable property of ..... County?
Votes shall be recorded as Yes or No.
The following question may be submitted at any election
held in the county after the adoption of a resolution by the
county board providing for the submission of the question to

the electors of the county to authorize adoption of a schedule
of fees applicable to all real property within the county:
Shall the county board be authorized to adopt a
schedule of fees, at a rate not exceeding that of the
stormwater management tax, applicable to all real property
for preparation, administration, and implementation of an
adopted stormwater management plan, construction and
maintenance of related facilities, and management of the
runoff from the property?
Votes shall be recorded as Yes or No.
If these questions have been approved by a majority of
those voting prior to the effective date of this amendatory Act
of the 98th General Assembly, this subsection does not apply.
(j) For those counties that adopt a property tax in
accordance with the provisions in this Section, the stormwater
management committee shall offer property tax abatements or
incentive payments to property owners who construct, maintain,
and use approved stormwater management devices. The stormwater
management committee is authorized to offer credits to the
property tax, if applicable, based on authorized practices
consistent with the stormwater management plan and approved by
the committee. Expenses of staff of a stormwater management
committee that are expended on regulatory project review may be
no more than 20% of the annual budget of the committee,
including funds raised under subsections (h) and (i).
(k) Upon the creation and implementation of a county

stormwater management plan, the county may petition the circuit
court to dissolve any or all drainage districts created
pursuant to the Illinois Drainage Code or predecessor Acts
which are located entirely within the area of the county
covered by the plan.
However, any active drainage district implementing a plan
that is consistent with and at least as stringent as the county
stormwater management plan may petition the stormwater
management planning committee for exception from dissolution.
Upon filing of the petition, the committee shall set a date for
hearing not less than 2 weeks, nor more than 4 weeks, from the
filing thereof, and the committee shall give at least one
week's notice of the hearing in one or more newspapers of
general circulation within the district, and in addition shall
cause a copy of the notice to be personally served upon each of
the trustees of the district. At the hearing, the committee
shall hear the district's petition and allow the district
trustees and any interested parties an opportunity to present
oral and written evidence. The committee shall render its
decision upon the petition for exception from dissolution based
upon the best interests of the residents of the district. In
the event that the exception is not allowed, the district may
file a petition within 30 days of the decision with the circuit
court. In that case, the notice and hearing requirements for
the court shall be the same as herein provided for the
committee. The court shall likewise render its decision of

whether to dissolve the district based upon the best interests
of residents of the district.
The dissolution of any drainage district shall not affect
the obligation of any bonds issued or contracts entered into by
the district nor invalidate the levy, extension or collection
of any taxes or special assessments upon the property in the
former drainage district. All property and obligations of the
former drainage district shall be assumed and managed by the
county, and the debts of the former drainage district shall be
discharged as soon as practicable.
If a drainage district lies only partly within a county
that adopts a county stormwater management plan, the county may
petition the circuit court to disconnect from the drainage
district that portion of the district that lies within that
county. The property of the drainage district within the
disconnected area shall be assumed and managed by the county.
The county shall also assume a portion of the drainage
district's debt at the time of disconnection, based on the
portion of the value of the taxable property of the drainage
district which is located within the area being disconnected.
The operations of any drainage district that continues to
exist in a county that has adopted a stormwater management plan
in accordance with this Section shall be in accordance with the
adopted plan.
(l) Any county that has adopted a county stormwater
management plan under this Section may, after 10 days' days

written notice receiving consent of the owner or occupant,
enter upon any lands or waters within the county for the
purpose of inspecting stormwater facilities or causing the
removal of any obstruction to an affected watercourse. If
consent is denied or cannot be reasonably obtained, the county
ordinance shall provide a process or procedure for an
administrative warrant to be obtained. The county shall be
responsible for any damages occasioned thereby.
(m) Except as otherwise provided in subsection (a) of this
Section, upon petition of the municipality, and based on a
finding of the stormwater management planning committee, the
county shall not enforce rules and regulations adopted by the
county in any municipality located wholly or partly within the
county that has a municipal stormwater management ordinance
that is consistent with and at least as stringent as the county
plan and ordinance, and is being enforced by the municipal
authorities. On issues that the county ordinance is more
stringent as deemed by the committee, the county shall only
enforce rules and regulations adopted by the county on the more
stringent issues and accept municipal permits. The county shall
have no more than 60 days to review permits or the permits
shall be deemed approved.
(n) A county may issue general obligation bonds for
implementing any stormwater plan adopted under this Section in
the manner prescribed in Section 5-1012; except that the
referendum requirement of Section 5-1012 does not apply to

bonds issued pursuant to this Section on which the principal
and interest are to be paid entirely out of funds generated by
the taxes and fees authorized by this Section.
(o) A county that has adopted a fee schedule pursuant to
this Section may not thereafter issue any bond extensions
related to implementing a stormwater management plan.
(p) The powers authorized by this Section may be
implemented by the county board for a portion of the county
subject to similar stormwater management needs.
(q) The powers and taxes authorized by this Section are in
addition to the powers and taxes authorized by Division 5-15;
in exercising its powers under this Section, a county shall not
be subject to the restrictions and requirements of that
Division.
(r) Stormwater management projects and actions related to
stormwater management in a county that has adopted a fee
schedule or tax pursuant to this Section prior to the effective
date of this amendatory Act of the 98th General Assembly are
not altered by this amendatory Act of the 98th General
Assembly.
(Source: P.A. 98-335, eff. 8-13-13; revised 10-8-13.)
(55 ILCS 5/5-1134)
Sec. 5-1134. Project labor agreements.
(a) Any sports, arts, or entertainment facilities that
receive revenue from a tax imposed under subsection (b) of

Section 5-1030 of this Code shall be considered to be public
works within the meaning of the Prevailing Wage Act. The county
authorities responsible for the construction, renovation,
modification, or alteration of the sports, arts, or
entertainment facilities shall enter into project labor
agreements with labor organizations as defined in the National
Labor Relations Act to assure that no labor dispute interrupts
or interferes with the construction, renovation, modification,
or alteration of the projects.
(b) The project labor agreements must include the
following:
(1) provisions establishing the minimum hourly wage
for each class of labor organization employees;
(2) provisions establishing the benefits and other
compensation for such class of labor organization; and
(3) provisions establishing that no strike or disputes
will be engaged in by the labor organization employees.
The county, taxing bodies, municipalities, and the labor
organizations shall have the authority to include other terms
and conditions as they deem necessary.
(c) The project labor agreement shall be filed with the
Director of the Illinois Department of Labor in accordance with
procedures established by the Department. At a minimum, the
project labor agreement must provide the names, addresses, and
occupations of the owner of the facilities and the individuals
representing the labor organization employees participating in

the project labor agreement. The agreement must also specify
the terms and conditions required in subsection (b) of this
Section.
(d) In any agreement for the construction or rehabilitation
of a facility using revenue generated under subsection (b) of
Section 5-1030 of this Code, in connection with the
prequalification of general contractors for construction or
rehabilitation of the facility, it shall be required that a
commitment will be submitted detailing how the general
contractor will expend 15% or more of the aggregate dollar
value of the project as a whole with one or more minority-owned
businesses, female-owned businesses, or businesses owned by a
person with a disability, as these terms are defined in Section
2 of the Business Enterprise for Minorities, Females, and
Persons with Disabilities Act.
(Source: P.A. 98-313, eff. 8-12-13.)
(55 ILCS 5/5-1135)
Sec. 5-1135 5-1134. Borrowing from financial institutions.
The county board of a county may borrow money for any corporate
purpose from any bank or other financial institution provided
such money shall be repaid within 2 years from the time the
money is borrowed. The county board chairman or county
executive, as the case may be, shall execute a promissory note
or similar debt instrument, but not a bond, to evidence the
indebtedness incurred by the borrowing. The obligation to make

the payments due under the promissory note or other debt
instrument shall be a lawful direct general obligation of the
county payable from the general funds of the county and such
other sources of payment as are otherwise lawfully available.
The promissory note or other debt instrument shall be
authorized by an ordinance passed by the county board and shall
be valid whether or not an appropriation with respect to that
ordinance is included in any annual or supplemental
appropriation adopted by the county board. The indebtedness
incurred under this Section, when aggregated with the existing
indebtedness of the county, may not exceed any debt limitation
otherwise provided for by law. "Financial institution" means
any bank subject to the Illinois Banking Act, any savings and
loan association subject to the Illinois Savings and Loan Act
of 1985, any savings bank subject to the Savings Bank Act, any
credit union subject to the Illinois Credit Union Act, and any
federally chartered commercial bank, savings and loan
association, savings bank, or credit union organized and
operated in this State pursuant to the laws of the United
States.
(Source: P.A. 98-525, eff. 8-23-13; revised 10-17-13.)
(55 ILCS 5/5-12001.2)
Sec. 5-12001.2. Regulation of telecommunications
facilities; Lake County pilot project. In addition to any other
requirements under this Division concerning the regulation of

telecommunications facilities, the following applies to any
new telecommunications facilities in Lake County that are not
AM telecommunications towers or facilities:
(a) For every new wireless telecommunications facility
requiring a new tower structure, a telecommunications
carrier shall provide the county with documentation
consisting of the proposed location, a site plan, and an
elevation that sufficiently describes a proposed wireless
facility location.
(b) The county shall have 7 days to review the facility
proposal and contact the telecommunications carrier in
writing via e-mail or other written means as specified by
the telecommunications carrier. This written communication
shall either approve the proposed location or request a
meeting to review other possible alternative locations. If
requested, the meeting shall take place within 7 days after
the date of the written communication.
(c) At the meeting, the telecommunications carrier
shall provide the county documentation consisting of radio
frequency engineering criteria and a corresponding
telecommunications facility search ring map, together with
documentation of the carrier's efforts to site the proposed
facility within the telecommunications facility search
ring.
(d) Within 21 days after receipt of the carrier's
documentation, the county shall propose either an

alternative site within the telecommunications facility
search ring, or an alternative site outside of the
telecommunications search ring that meets the radio
frequency engineering criteria provided by the
telecommunications carrier and that will not materially
increase the construction budget beyond what was estimated
on the original carrier proposed site.
(e) If the county's proposed alternative site meets the
radio frequency engineering criteria provided by the
telecommunications carrier, and will not materially
increase the construction budget beyond what was estimated
on the original carrier proposed site, then the
telecommunications carrier shall agree to build the
facility at the alternative location, subject to the
negotiation of a lease with commercially reasonable terms
and the obtainment of the customary building permits.
(f) If the telecommunications carrier can demonstrate
that: (i) the county's proposed alternative site does not
meet the radio frequency engineering criteria, (ii) the
county's proposed alternative site will materially
increase the construction budget beyond what was estimated
on the original carrier proposed site, (iii) the county has
failed to provide an alternative alternate site, or (iv)
after a period of 90 days after receipt of the alternative
site, the telecommunications carrier has failed, after
acting in good faith and with due diligence, to obtain a

lease or, at a minimum, a letter of intent to lease the
alternative site at lease rates not materially greater than
the lease rate for the original proposed site; then the
carrier can proceed to permit and construct the site under
the provisions and standards of Section 5-12001.1 of this
Code.
(Source: P.A. 98-197, eff. 8-9-13; revised 10-8-13.)
(55 ILCS 5/5-44020)
Sec. 5-44020. Definitions. In this Division 5-44:
"Fire protection jurisdiction" means a fire protection
district, municipal fire department, or service organized
under Section 5-1056.1 of the Counties Code, Sections 195 and
200 of the Township Code, Section 10-2.1 of the Illinois
Municipal Code, or the Illinois Fire Protection District Act.
"Governing board" means the individual or individuals who
constitute the corporate authorities of a unit of local
government. ; and
"Unit of local government" or "unit" means any unit of
local government located entirely within one county, to which
the county board chairman or county executive directly appoints
a majority of its governing board with the advice and consent
of the county board, but shall not include a fire protection
district that directly employs any regular full-time employees
or a special district organized under the Water Commission Act
of 1985.

(Source: P.A. 98-126, eff. 8-2-13; revised 9-13-13.)
(55 ILCS 5/6-27005) (from Ch. 34, par. 6-27005)
Sec. 6-27005. Transfer to general corporate fund. Moneys
shall be transferred from said working cash fund to the general
corporate fund only upon the authority of the county board,
which shall from time to time by separate resolution direct the
county treasurer to make transfers of such sums as may be
required for the purposes herein authorized. Every such
resolution shall set forth (a) the taxes or other moneys in
anticipation of the collection or receipt of which such
transfer is to be made and from which such working cash fund is
to be reimbursed, (b) with respect only to transfers made in
anticipation of the levy of real property taxes, the entire
amount of taxes extended or which the county board estimates
will be extended, for any year, by the county clerk upon the
books of the collectors of State and county taxes within such
county, in anticipation of the collection of all or part of
which such transfer is to be made, (c) the aggregate amount of
warrants theretofore issued in anticipation of the collection
of such taxes, together with the amount of interest accrued,
and/or which the county board estimates will accrue, thereon,
(d) the aggregate amount of notes theretofore issued in
anticipation of the collection of such taxes, together with the
amount of the interest accrued, and/or which the county board
estimates will accrue, thereon, and (e) the amount of moneys,

which the county board estimates will be earned by the county
clerk and the county collector, respectively, as fees or
commissions for extending or collecting taxes for any year, in
anticipation of the receipt of all or part of which such
transfer is to be made, (f) the amount of such taxes, as by law
now or hereafter enacted or amended, imposed by the General
Assembly of the State of Illinois to replace revenue lost by
units of local government and school districts as a result of
the abolition of ad valorem personal property taxes, pursuant
to Article IX, Section 5(c) of the Constitution of the State of
Illinois which the county board estimates will be received by
the county for any year, (g) the aggregate amount of receipts
from taxes imposed to replace revenue lost by units of local
government and school districts as a result of the abolition of
ad valorem personal property taxes, pursuant to Article IX,
Section 5(c) of the Constitution of the State of Illinois,
which the corporate authorities estimate will be set aside for
the payment of the proportionate amount of debt service and
pension or retirement obligations, as required by Section 12 of
"An Act in relation to State Revenue Sharing with local
government entities", approved July 31, 1969, as amended, and
(h) the aggregate amount of moneys theretofore transferred from
the working cash fund to the general corporate fund in
anticipation of the collection of such taxes or of the receipt
of such other moneys to be derived from fees or commissions or
of the receipt of such taxes, as by law now or hereafter

enacted or amended, imposed by the General Assembly of the
State of Illinois to replace revenue lost by units of local
government and school districts as a result of the abolition of
ad valorem personal property taxes, pursuant to Article IX,
Section 5(c) of the Constitution of the State of Illinois. The
amount which any such resolution shall direct the county
treasurer so to transfer, in anticipation of the collection of
taxes levied for any year, together with the aggregate amount
of such anticipation tax warrants and notes theretofore drawn
against such taxes and the amount of the interest accrued,, and
the aggregate amount of such transfers theretofore made in
anticipation of the collection of such taxes, shall not exceed
ninety (90) per centum of the actual or estimated amount of
such taxes extended or to be extended, as set forth in such
resolution. The amount which any such resolution shall direct
the county treasurer so to transfer, in anticipation of the
receipt of any moneys to be derived from fees or commissions,
or of the receipt of such taxes, as by law now or hereafter
enacted or amended, imposed by the General Assembly of the
State of Illinois to replace revenue lost by units of local
government and school districts as a result of the abolition of
ad valorem personal property taxes, pursuant to Article IX,
Section 5(c) of the Constitution of the State of Illinois
together with the aggregate amount theretofore transferred in
anticipation of the receipt of any such moneys and the amount
estimated to be required to satisfy debt service and pension or

retirement obligations, as set forth in Section 12 of "An Act
in relation to State revenue sharing with local government
entities", approved July 31, 1969, as amended, shall not exceed
the total amount which it is so estimated will be received from
such sources. To the extent that at any time moneys are
available in the working cash fund they shall be transferred to
the general corporate fund and disbursed for the payment of
salaries and other corporate expenses so as to avoid, whenever
possible, the issuance of anticipation tax warrants or notes.
(Source: P.A. 86-962; revised 10-8-13.)
Section 235. The Township Code is amended by changing
Section 27-10 as follows:
(60 ILCS 1/27-10)
Sec. 27-10. Petition and referendum to discontinue and
abolish a township organization within a coterminous
municipality. Upon adoption of an ordinance adopted by the city
council of a township described under Section 27-5 of this
Article, or upon petition of at least 10% of the registered
voters of that township, the city council shall certify and
cause to be submitted to the voters of the township, at the
next election or consolidated election, a proposition to
discontinue and abolish the township organization and to
transfer all the rights, powers, duties, assets, property,
liabilities, obligations, and responsibilities of the township

organization to the coterminous municipality.
A signature on a petition shall not be valid or counted in
considering the petition unless the form requirements are
complied with and the date of each signature is less than 90
days before the last day for filing the petition. The statement
of the person who circulates the petition must include an
attestation (i) indicating the dates on which that sheet was
circulated, (ii) indicating the first and last date on which
that sheet was circulated, or (iii) certifying that none of the
signatures on the sheet was signed more than 90 days before the
last day for filing the petition. The petition shall be treated
and the proposition certified in the manner provided by the
general election law. After the proposition has once been
submitted to the electorate, the proposition shall not be
resubmitted for 4 years.
The proposition shall be in substantially the following
form:
Shall the township organization be continued in [Name
of Township] Township?
The votes shall be recorded as "Yes" or "No".
(Source: P.A. 98-127, eff. 8-2-13; revised 10-8-13.)
Section 240. The Illinois Municipal Code is amended by
changing Section 11-80-9 as follows:
(65 ILCS 5/11-80-9) (from Ch. 24, par. 11-80-9)

Sec. 11-80-9. The corporate authorities of each
municipality may prevent and regulate all amusements and
activities having a tendency to annoy or endanger persons or
property on the sidewalks, streets, and other municipal
property. However, no municipality may prohibit a charitable
organization, as defined in Section 2 of the Charitable Games
Act, from soliciting for charitable purposes, including
solicitations taking place on public roadways from passing
motorists, if all of the following requirements are met.
(1) The persons to be engaged in the solicitation are
law enforcement personnel, firefighters, or other persons
employed to protect the public safety of a local agency,
and that are soliciting solely in an area that is within
the service area of that local agency.
(2) The charitable organization files an application
with the municipality having jurisdiction over the
location or locations where the solicitation is to occur.
The application applications shall be filed not later than
10 business days before the date that the solicitation is
to begin and shall include all of the following:
(A) The date or dates and times of day when the
solicitation is to occur.
(B) The location or locations where the
solicitation is to occur along with a list of 3
alternate locations listed in order of preference.
(C) The manner and conditions under which the

solicitation is to occur.
(D) Proof of a valid liability insurance policy in
the amount of at least $1,000,000 insuring the charity
or local agency against bodily injury and property
damage arising out of or in connection with the
solicitation.
The municipality shall approve the application within 5
business days after the filing date of the application, but may
impose reasonable conditions in writing that are consistent
with the intent of this Section and are based on articulated
public safety concerns. If the municipality determines that the
applicant's location cannot be permitted due to significant
safety concerns, such as high traffic volumes, poor geometrics,
construction, maintenance operations, or past accident
history, then the municipality may deny the application for
that location and must approve one of the 3 alternate locations
following the order of preference submitted by the applicant on
the alternate location list. By acting under this Section, a
local agency does not waive or limit any immunity from
liability provided by any other provision of law.
(3) For purposes of this Section, "local agency" means a
municipality, special district, fire district, joint powers of
authority, or other political subdivision of the State of
Illinois.
A home rule unit may not regulate a charitable organization
in a manner that is inconsistent with this Section. This

Section is a limitation under subsection (i) of Section 6 of
Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised
by the State.
(Source: P.A. 97-692, eff. 6-15-12; 98-134, eff. 8-2-13;
revised 10-8-13.)
Section 245. The Fire Protection District Act is amended by
changing Sections 8.20 and 11j as follows:
(70 ILCS 705/8.20)
Sec. 8.20. Open burning.
(a) The board of trustees of any fire protection district
incorporated under this Act may, by ordinance, require that the
district be notified of open burning within the district before
it takes place, but shall not require that a permit for open
burning be obtained from the district. The district may not
enforce an ordinance adopted under this Section within the
corporate limits of a county with a population of 3,000,000 or
more or a municipality with a population of 1,000,000 or more.
(b) The fire department of a fire protection district may
extinguish any open burn that presents a clear, present, and
unreasonable danger to persons or adjacent property or that
presents an unreasonable risk because of wind, weather, or the
types of combustibles. The unreasonable risk may include the
height of flames, windblown embers, the creation of hazardous

fumes, or an unattended fire. Fire departments may not
unreasonably interfere with permitted and legal open burning.
(c) The fire protection district may provide that persons
setting open burns on any agricultural land with an area of 50
acres or more may voluntarily comply with the provisions of an
ordinance adopted under this Section.
(d) The fire chief or any other designated officer of a
fire department of any fire protection district incorporated
under this Act may, with the authorization of the board of
trustees of the fire protection district, prohibit open burning
within the district on an emergency basis, for a limited period
of time, if (i) the atmospheric conditions or other
circumstances create an unreasonable risk of fire because of
wind, weather, or the types of combustibles and (ii) the
resources of the fire department are not sufficient to control
and suppress a fire resulting from one or more of the
conditions or circumstances described in clause (i) of this
subsection. For the purposes of this subsection, "open burning"
includes, but is not limited to, the burning of landscape
waste, agricultural waste, household trash, and garbage.
(e) The fire chief or any other designated officer of a
fire department of any fire protection district incorporated
under this Act may fix, charge, and collect fees associated
with the fire department extinguishing an open burning that is
prohibited under subsection (d) of this Section. The fee may be
imposed against any person causing or engaging in the

prohibited activity. The total amount collected for
compensation of the fire protection district shall be assessed
in accordance with both the rates provided in Section 11f(c) of
this Act and the fire chief's determination of the cost of
personnel and equipment utilized to extinguish the fire.
(f) This Section does not authorize the open burning of any
waste. The open burning of waste is subject to the restrictions
and prohibitions of the Environmental Protection Act and the
rules and regulations adopted under its authority.
(Source: P.A. 97-488, eff. 1-1-12; 98-279, eff. 8-9-13; revised
10-8-13.)
(70 ILCS 705/11j)
Sec. 11j. Installation of access or key boxes. The board of
trustees of any fire protection district may, by ordinance,
require the installation of an access or key box if: (1) a
structure is protected by an automatic fire alarm or security
system or access to or within the structure or area is unduly
difficult because of secured openings; and (2) immediate access
is necessary for life-saving purposes. In the case of a health
care facility that is secured by an electronic code box that is
in good working order, if the owner of the health care facility
provides the fire department with a valid access code, then
that health care facility is not required to be accessible by
an access or key box. For the purposes of this Section, "health
care facility" means: a hospital licensed under the Hospital

Licensing Act or the University of Illinois Hospital Act; a
nursing home or long-term care facility licensed under the
Nursing Home Care Act; an assisted living establishment, as
defined in the Assisted Living and Shared Housing Act; a mental
health facility, as defined in the Mental Health and
Developmental Disabilities Code; a supportive living facility
certified to participate in the supportive living facilities
program under Section 5-5.01a of the Illinois Public Aid Code;
or a facility licensed under the Specialized Mental Health
Rehabilitation Act of 2013. "Access or key box" means a secure
device with a lock operable only by a fire department master
key, and containing building entry keys and other keys that may
be required for access in an emergency.
The access or key box shall be of an approved type listed
in accordance with the most recently published version of the
standard Underwriters Laboratories 1037 and shall contain keys
to gain access as required by the fire chief of the fire
protection district, or his or her designee.
An ordinance enacted under this Section may specify
particular classes or types of structures or occupancies that
are required to install an access or key box. However, an
ordinance enacted under this Section shall not apply to single
family residential structures or to facilities owned or
operated by a public utility, as that term is defined under
Section 3-105 of the Public Utilities Act.
(Source: P.A. 98-388, eff. 8-16-13; revised 10-8-13.)

Section 250. The Park District Code is amended by changing
Section 11.2-1 as follows:
(70 ILCS 1205/11.2-1) (from Ch. 105, par. 11.2-1)
Sec. 11.2-1. In each park district a fund to be known as a
"Working Cash Fund" may be created, set apart, maintained and
administered in the manner prescribed in this Article, for the
purpose of enabling the district to have in its treasury at all
times time sufficient money to meet demands thereon for
ordinary and necessary expenditures for corporate purposes.
(Source: P.A. 79-1379; revised 9-24-13.)
Section 255. The Elmwood Park Grade Separation Authority
Act is amended by changing Sections 10, 50, and 60 as follows:
(70 ILCS 1935/10)
Sec. 10. Legislative declaration. The General Assembly
declares that the welfare, health, prosperity, and moral and
general well being of the people of the State are, in large
measure, dependent upon the sound and orderly development of
municipal areas. The Village of Elmwood Park, by reason of the
location there of Grand Avenue and its use for vehicular travel
in access to the entire west metropolitan Chicago area,
including municipalities in 2 counties, as well as commercial
and industrial growth patterns and accessibility to O'Hare

International Airport, manufacturing and freight related
services, has become and will increasingly be the hub of
transportation from all parts of the region and throughout the
west metropolitan area. Motor vehicle traffic, pedestrian
travel, and the safety of both motorists and pedestrians are
substantially aggravated by the location of a major railroad
right-of-way that divides the Village into north and south
halves. The presence of the railroad right-of-way has
effectively impeded the development of highway usage and
rights-of-way and is detrimental to the orderly expansion of
industry and commerce and to progress throughout the region.
Additionally, the railroad grade crossing located on Grand
Avenue within the Village of Elmwood Park has posed a
significant safety hazard to the public. The Illinois Commerce
Commission Collision History illustrates that there have been 8
fatalities and 29 injuries since 1956 at the railroad grade
crossing located on Grand Avenue within the Village. The
presence of the railroad right-of-way at grade crossing within
the Village is detrimental to the safety of the public, as well
as to the orderly expansion of industry and commerce and to
progress of the region. To alleviate this situation, it is
necessary to separate the grade crossing on Grand Avenue within
the Village, to relocate the railroad tracks and right-of-way,
and to acquire property for separation of the railroad or
highway, and to create an agency to facilitate and accomplish
that grade separation.

(Source: P.A. 98-564, eff. 8-27-13; revised 10-8-13.)
(70 ILCS 1935/50)
Sec. 50. Board; composition; qualification; compensation
and expenses. The Authority shall be governed by a 9-member
board consisting of members appointed by the Governor with the
advice and consent of the Senate. Five members shall be voting
members and 4 members shall be non-voting members. The voting
members shall consist of the following:
(1) two former public officials who served within the
Township of Leyden or the Village of Elmwood Park and are
recommended to the Governor by the Village President of the
Village of Elmwood Park;
(2) two prior employees of Canadian Pacific Railway
with management experience; and
(3) one resident of the Township of Leyden or the
Village of Elmwood Park.
The non-voting members shall consist of the following:
(1) the Village President of the Village of Elmwood
Park;
(2) one current employee of Canadian Pacific Railway
with management experience;
(3) one current employee of Northeast Illinois
Regional Commuter Railroad Corporation with management
experience; and
(4) one current employee of the Department of

Transportation with management experience.
The members of the board shall serve without compensation,
but may be reimbursed for actual expenses incurred by them in
the performance of their duties prescribed by the Authority.
However, any member of the board who serves as secretary or
treasurer may receive compensation for services as that
officer.
(Source: P.A. 98-564, eff. 8-27-13; revised 10-17-13.)
(70 ILCS 1935/60)
Sec. 60. Organization; chair and temporary secretary. As
soon as possible after the effective date of this amendatory
Act of the 98th General Assembly, the board shall organize for
the transaction of business, select a chair from its voting
members and a temporary secretary from its own number, and
adopt bylaws to govern its proceedings. The initial chair and
successors shall be elected by the board from time to time from
among members. The Authority may act through its board members
by entering into an agreement that a member act on the
Authority's behalf, in which instance the act or performance
directed shall be deemed to be exclusively of, for, and by the
Authority and not the individual act of the member or its
represented person.
(Source: P.A. 98-564, eff. 8-27-13; revised 10-8-13.)
Section 260. The Rescue Squad Districts Act is amended by

changing Section 12 as follows:
(70 ILCS 2005/12) (from Ch. 85, par. 6862)
Sec. 12. A district organized under this Act, in the
preparation of its annual budget and appropriation ordinance,
may provide that an amount equal to not more than 0.5% of the
total equalized assessed value of real property situated in the
district shall be allocated to and accumulated in an a
Equipment Repair or Replacement Fund for the purposes of
equipment repairs or replacements of specific types of district
equipment. Expenditures from the Equipment Repair or
Replacement Fund shall be budgeted and appropriated for the
fiscal year in which the equipment repair or replacement will
occur. Upon completion or abandonment of any object or purpose
for which an Equipment Repair or Replacement Fund has been
initiated, monies remaining in the fund shall be transferred
into the general corporate fund of the district on the first
day of the fiscal year following the abandonment or completion
resulting in the surplus moneys in such fund.
(Source: P.A. 86-916; revised 10-8-13.)
Section 265. The Regional Transportation Authority Act is
amended by changing Section 3B.09b as follows:
(70 ILCS 3615/3B.09b)
Sec. 3B.09b. Payment of fares by credit card.

(a) By February 28, 2010, the Commuter Rail Board shall
allow passengers to purchase fares by credit card (i) through
an Internet website operated by the Board, (ii) at its LaSalle
Street Station, Union Station, Ogilvie Transportation Center,
and Millennium Millenium Station, (iii) at stations with
agents, and (iv) from vending machines capable of providing
fares by credit card at the 14 largest stations on the Metra
Electric Line.
(b) The Board may not require a passenger who chooses to
purchase a fare by credit card to pay an additional fee.
(Source: P.A. 96-621, eff. 1-1-10; revised 9-13-13.)
Section 270. The School Code is amended by setting forth
and renumbering multiple versions of Section 2-3.157 and by
changing Sections 10-19, 20-1, 21B-30, and 27-24 as follows:
(105 ILCS 5/2-3.157)
Sec. 2-3.157. (Repealed).
(Source: P.A. 98-578, eff. 8-27-13. Repealed internally, eff.
1-2-14.)
(105 ILCS 5/2-3.158)
(Section scheduled to be repealed on May 31, 2015)
Sec. 2-3.158 2-3.157. Task Force on Civic Education.
(a) The State Board of Education shall establish the Task
Force on Civic Education, to be comprised of all of the

following members, with an emphasis on bipartisan legislative
representation and diverse non-legislative stakeholder
representation:
(1) One member appointed by the Speaker of the House of
Representatives.
(2) One member appointed by the President of the
Senate.
(3) One member appointed by the Minority Leader of the
House of Representatives.
(4) One member appointed by the Minority Leader of the
Senate.
(5) One member appointed by the head of an association
representing a teachers union.
(6) One member appointed by the head of an association
representing the Chicago Teachers Union.
(7) One member appointed by the head of an association
representing social studies teachers.
(8) One member appointed by the head of an association
representing school boards.
(9) One member appointed by the head of an association
representing the media.
(10) One member appointed by the head of an association
representing the non-profit sector that promotes civic
education as a core mission.
(11) One member appointed by the head of an association
representing the non-profit sector that promotes civic

engagement among the general public.
(12) One member appointed by the president of an
institution of higher education who teaches college or
graduate-level government courses or facilitates a program
dedicated to cultivating civic leaders.
(13) One member appointed by the head of an association
representing principals or district superintendents.
(b) The members of the Task Force shall serve without
compensation but shall be reimbursed for their reasonable and
necessary expenses from funds appropriated to the State Board
of Education for that purpose. The members of the Task Force
shall be reimbursed for their travel expenses from
appropriations to the State Board of Education available for
that purpose and subject to the rules of the appropriate travel
control board.
(c) The members of the Task Force shall be considered
members with voting rights. A quorum of the Task Force shall
consist of a simple majority of the members of the Task Force.
All actions and recommendations of the Task Force must be
approved by a simple majority vote of the members.
(d) The Task Force shall meet initially at the call of the
State Superintendent of Education, shall elect one member as
chairperson at its initial meeting through a simple majority
vote of the Task Force, and shall thereafter meet at the call
of the chairperson.
(e) The State Board of Education shall provide

administrative and other support to the Task Force.
(f) The Task Force is charged with all of the following
tasks:
(1) To analyze the current state of civic education in
this State.
(2) To analyze current civic education laws in other
jurisdictions, both mandated and permissive.
(3) To identify best practices in civic education in
other jurisdictions.
(4) To make recommendations to the General Assembly
focused on substantially increasing civic literacy and the
capacity of youth to obtain the requisite knowledge,
skills, and practices to be civically informed members of
the public.
(5) To make funding recommendations if the Task Force's
recommendations to the General Assembly would require a
fiscal commitment.
(g) No later than May 31, 2014, the Task Force shall
summarize its findings and recommendations in a report to the
General Assembly, filed as provided in Section 3.1 of the
General Assembly Organization Act. Upon filing its report, the
Task Force is dissolved.
(h) This Section is repealed on May 31, 2015.
(Source: P.A. 98-301, eff. 8-9-13; revised 10-4-13.)
(105 ILCS 5/2-3.159)

Sec. 2-3.159 2-3.157. 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 high school graduates who have attained a high
level of proficiency in one or more languages in addition to
English. The State Seal of Biliteracy shall be awarded
beginning with the 2014-2015 school year. School district
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 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 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.
(f) The State Board of Education shall do both of the
following:
(1) Prepare and deliver to participating school
districts 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 to
successfully participate in the program.
(g) A school district 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.
(Source: P.A. 98-560, eff. 8-27-13; revised 10-4-13.)
(105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
Sec. 10-19. Length of school term - experimental programs.
Each school board shall annually prepare a calendar for the
school term, specifying the opening and closing dates and
providing a minimum term of at least 185 days to insure 176
days of actual pupil attendance, computable under Section
18-8.05, except that for the 1980-1981 school year only 175
days of actual pupil attendance shall be required because of
the closing of schools pursuant to Section 24-2 on January 29,
1981 upon the appointment by the President of that day as a day
of thanksgiving for the freedom of the Americans who had been
held hostage in Iran. Any days allowed by law for teachers'
institutes institute but not used as such or used as parental
institutes as provided in Section 10-22.18d shall increase the
minimum term by the school days not so used. Except as provided
in Section 10-19.1, the board may not extend the school term
beyond such closing date unless that extension of term is
necessary to provide the minimum number of computable days. In

case of such necessary extension school employees shall be paid
for such additional time on the basis of their regular
contracts. A school board may specify a closing date earlier
than that set on the annual calendar when the schools of the
district have provided the minimum number of computable days
under this Section. Nothing in this Section prevents the board
from employing superintendents of schools, principals and
other nonteaching personnel for a period of 12 months, or in
the case of superintendents for a period in accordance with
Section 10-23.8, or prevents the board from employing other
personnel before or after the regular school term with payment
of salary proportionate to that received for comparable work
during the school term.
A school board may make such changes in its calendar for
the school term as may be required by any changes in the legal
school holidays prescribed in Section 24-2. A school board may
make changes in its calendar for the school term as may be
necessary to reflect the utilization of teachers' institute
days as parental institute days as provided in Section
10-22.18d.
The calendar for the school term and any changes must be
submitted to and approved by the regional superintendent of
schools before the calendar or changes may take effect.
With the prior approval of the State Board of Education and
subject to review by the State Board of Education every 3
years, any school board may, by resolution of its board and in

agreement with affected exclusive collective bargaining
agents, establish experimental educational programs, including
but not limited to programs for self-directed learning or
outside of formal class periods, which programs when so
approved shall be considered to comply with the requirements of
this Section as respects numbers of days of actual pupil
attendance and with the other requirements of this Act as
respects courses of instruction.
(Source: P.A. 93-1036, eff. 9-14-04; revised 11-12-13.)
(105 ILCS 5/20-1) (from Ch. 122, par. 20-1)
Sec. 20-1. Authority to create working cash fund. In each
school district, whether organized under general law or special
charter, having a population of less than 500,000 inhabitants,
a fund to be known as a "Working Cash Fund" may be created and
maintained consistent with the limitations of this Article, for
the purpose of enabling the district to have in its treasury at
all times time sufficient money to meet demands thereon for
expenditures for corporate purposes.
(Source: P.A. 96-1277, eff. 7-26-10; revised 9-12-13.)
(105 ILCS 5/21B-30)
Sec. 21B-30. Educator testing.
(a) This Section applies beginning on July 1, 2012.
(b) The State Board of Education, in consultation with the
State Educator Preparation and Licensure Board, shall design

and implement a system of examinations, which shall be required
prior to the issuance of educator licenses. These examinations
and indicators must be based on national and State professional
teaching standards, as determined by the State Board of
Education, in consultation with the State Educator Preparation
and Licensure Board. The State Board of Education may adopt
such rules as may be necessary to implement and administer this
Section. No score on a test required under this Section, other
than a test of basic skills, shall be more than 5 years old at
the time that an individual makes application for an educator
license or endorsement.
(c) Applicants seeking a Professional Educator License or
an Educator License with Stipulations shall be required to pass
a test of basic skills before the license is issued, unless the
endorsement the individual is seeking does not require passage
of the test. All applicants completing Illinois-approved,
teacher education or school service personnel preparation
programs shall be required to pass the State Board of
Education's recognized test of basic skills prior to starting
their student teaching or starting the final semester of their
internship, unless required earlier at the discretion of the
recognized, Illinois institution in which they are completing
their approved program. An individual who passes a test of
basic skills does not need to do so again for subsequent
endorsements or other educator licenses.
(d) All applicants seeking a State license shall be

required to pass a test of content area knowledge for each area
of endorsement for which there is an applicable test. There
shall be no exception to this requirement. No candidate shall
be allowed to student teach or serve as the teacher of record
until he or she has passed the applicable content area test.
(e) All applicants seeking a State license endorsed in a
teaching field shall pass the assessment of professional
teaching (APT). Passage of the APT is required for completion
of an approved Illinois educator preparation program.
(f) Beginning on September 1, 2015, all candidates
completing teacher preparation programs in this State are
required to pass an evidence-based assessment of teacher
effectiveness approved by the State Board of Education, in
consultation with the State Educator Preparation and Licensure
Board. All recognized institutions offering approved teacher
preparation programs must begin phasing in the approved teacher
performance assessment no later than July 1, 2013.
(g) Tests of basic skills and content area knowledge and
the assessment of professional teaching shall be the tests that
from time to time are designated by the State Board of
Education, in consultation with the State Educator Preparation
and Licensure Board, and may be tests prepared by an
educational testing organization or tests designed by the State
Board of Education, in consultation with the State Educator
Preparation and Licensure Board. The areas to be covered by a
test of basic skills shall include reading, language arts, and

mathematics. The test of content area knowledge shall assess
content knowledge in a specific subject field. The tests must
be designed to be racially neutral to ensure that no person
taking the tests is discriminated against on the basis of race,
color, national origin, or other factors unrelated to the
person's ability to perform as a licensed employee. The score
required to pass the tests shall be fixed by the State Board of
Education, in consultation with the State Educator Preparation
and Licensure Board. The tests shall be administered not fewer
than 3 times a year at such time and place as may be designated
by the State Board of Education, in consultation with the State
Educator Preparation and Licensure Board.
The State Board shall implement a test or tests to assess
the speaking, reading, writing, and grammar skills of
applicants for an endorsement or a license issued under
subdivision (G) of paragraph (2) of Section 21B-20 of this Code
in the English language and in the language of the transitional
bilingual education program requested by the applicant.
(h) Except as provided in Section 34-6 of this Code, the
provisions of this Section shall apply equally in any school
district subject to Article 34 of this Code.
(i) The rules developed to implement and enforce the
testing requirements under this Section shall include
provisions governing test selection, test validation and
determination of a passing score, administration of the tests,
frequency of administration, applicant fees, frequency of

applicants taking the tests, the years for which a score is
valid, and appropriate special accommodations. The State Board
of Education shall develop such rules as may be needed to
ensure uniformity from year to year in the level of difficulty
for each form of an assessment.
(Source: P.A. 97-607, eff. 8-26-11; 98-361, eff. 1-1-14;
98-581, eff. 8-27-13; revised 9-9-13.)
(105 ILCS 5/27-24) (from Ch. 122, par. 27-24)
Sec. 27-24. Short title. Sections 27-24 through 27-24.10
27-24.8 of this Article are known and may be cited as the
Driver Education Act.
(Source: P.A. 76-1835; revised 11-14-13.)
Section 275. 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, 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,
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 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.
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 if his
parent or guardian submits written objection thereto, and
refusal to take or participate in the course or program 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. 97-1147, eff. 1-24-13; 98-190, eff. 8-6-13;
98-441, eff. 1-1-14; revised 9-9-13.)
Section 280. The Public Community College Act is amended by
changing Section 2-16.02 as follows:
(110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
Sec. 2-16.02. Grants. Any community college district that
maintains a community college recognized by the State Board
shall receive, when eligible, grants enumerated in this
Section. Funded semester credit hours or other measures or both
as specified by the State Board shall be used to distribute
grants to community colleges. Funded semester credit hours
shall be defined, for purposes of this Section, as the greater
of (1) the number of semester credit hours, or equivalent, in
all funded instructional categories of students who have been
certified as being in attendance at midterm during the
respective terms of the base fiscal year or (2) the average of

semester credit hours, or equivalent, in all funded
instructional categories of students who have been certified as
being in attendance at midterm during the respective terms of
the base fiscal year and the 2 prior fiscal years. For purposes
of this Section, "base fiscal year" means the fiscal year 2
years prior to the fiscal year for which the grants are
appropriated. Such students shall have been residents of
Illinois and shall have been enrolled in courses that are part
of instructional program categories approved by the State Board
and that are applicable toward an associate degree or
certificate. Courses that are eligible for reimbursement are
those courses for which the district pays 50% or more of the
program costs from unrestricted revenue sources, with the
exception of courses offered by contract with the Department of
Corrections in correctional institutions. For the purposes of
this Section, "unrestricted revenue sources" means those
revenues in which the provider of the revenue imposes no
financial limitations upon the district as it relates to the
expenditure of the funds. Except for Fiscal Year 2012, base
operating grants shall be paid based on rates per funded
semester credit hour or equivalent calculated by the State
Board for funded instructional categories using cost of
instruction, enrollment, inflation, and other relevant
factors. For Fiscal Year 2012, the allocations for base
operating grants to community college districts shall be the
same as they were in Fiscal Year 2011, reduced or increased

proportionately according to the appropriation for base
operating grants for Fiscal Year 2012.
Equalization grants shall be calculated by the State Board
by determining a local revenue factor for each district by: (A)
adding (1) each district's Corporate Personal Property
Replacement Fund allocations from the base fiscal year or the
average of the base fiscal year and prior year, whichever is
less, divided by the applicable statewide average tax rate to
(2) the district's most recently audited year's equalized
assessed valuation or the average of the most recently audited
year and prior year, whichever is less, (B) then dividing by
the district's audited full-time equivalent resident students
for the base fiscal year or the average for the base fiscal
year and the 2 prior fiscal years, whichever is greater, and
(C) then multiplying by the applicable statewide average tax
rate. The State Board shall calculate a statewide weighted
average threshold by applying the same methodology to the
totals of all districts' Corporate Personal Property Tax
Replacement Fund allocations, equalized assessed valuations,
and audited full-time equivalent district resident students
and multiplying by the applicable statewide average tax rate.
The difference between the statewide weighted average
threshold and the local revenue factor, multiplied by the
number of full-time equivalent resident students, shall
determine the amount of equalization funding that each district
is eligible to receive. A percentage factor, as determined by

the State Board, may be applied to the statewide threshold as a
method for allocating equalization funding. A minimum
equalization grant of an amount per district as determined by
the State Board shall be established for any community college
district which qualifies for an equalization grant based upon
the preceding criteria, but becomes ineligible for
equalization funding, or would have received a grant of less
than the minimum equalization grant, due to threshold
prorations applied to reduce equalization funding. As of July
1, 2013, a community college district eligible to receive an
equalization grant based upon the preceding criteria must
maintain a minimum required combined in-district tuition and
universal fee rate per semester credit hour equal to 70% of the
State-average combined rate, as determined by the State Board,
or the total revenue received by the community college district
from combined in-district tuition and universal fees must be at
least 30% of the total revenue received by the community
college district, as determined by the State Board, for
equalization funding. As of July 1, 2004, a community college
district must maintain a minimum required operating tax rate
equal to at least 95% of its maximum authorized tax rate to
qualify for equalization funding. This 95% minimum tax rate
requirement shall be based upon the maximum operating tax rate
as limited by the Property Tax Extension Limitation Law.
The State Board shall distribute such other grants as may
be authorized or appropriated by the General Assembly.

Each community college district entitled to State grants
under this Section must submit a report of its enrollment to
the State Board not later than 30 days following the end of
each semester, quarter, or term in a format prescribed by the
State Board. These semester credit hours, or equivalent, shall
be certified by each district on forms provided by the State
Board. Each district's certified semester credit hours, or
equivalent, are subject to audit pursuant to Section 3-22.1.
The State Board shall certify, prepare, and submit monthly
vouchers to the State Comptroller setting forth an amount equal
to one-twelfth of the grants approved by the State Board for
base operating grants and equalization grants. The State Board
shall prepare and submit to the State Comptroller vouchers for
payments of other grants as appropriated by the General
Assembly. If the amount appropriated for grants is different
from the amount provided for such grants under this Act, the
grants shall be proportionately reduced or increased
accordingly.
For the purposes of this Section, "resident student" means
a student in a community college district who maintains
residency in that district or meets other residency definitions
established by the State Board, and who was enrolled either in
one of the approved instructional program categories in that
district, or in another community college district to which the
resident's district is paying tuition under Section 6-2 or with
which the resident's district has entered into a cooperative

agreement in lieu of such tuition.
For the purposes of this Section, a "full-time equivalent"
student is equal to 30 semester credit hours.
The Illinois Community College Board Contracts and Grants
Fund is hereby created in the State Treasury. Items of income
to this fund shall include any grants, awards, endowments, or
like proceeds, and where appropriate, other funds made
available through contracts with governmental, public, and
private agencies or persons. The General Assembly shall from
time to time make appropriations payable from such fund for the
support, improvement, and expenses of the State Board and
Illinois community college districts.
(Source: P.A. 97-72, eff. 7-1-11; 97-1160, eff. 2-1-13; 98-46,
eff. 6-28-13; revised 8-12-13.)
Section 285. The Pawnbroker Regulation Act is amended by
changing Section 7 as follows:
(205 ILCS 510/7) (from Ch. 17, par. 4657)
Sec. 7. Daily report.
(a) Except as provided in subsection (b), it shall be the
duty of every pawnbroker to make out and deliver to the sheriff
of the county in which such pawnbroker does business, on each
day before the hours of 12 o'clock noon, a legible and exact
copy from the standard record book, as required in Section 5 of
this Act, that lists all personal property and any other

valuable thing received on deposit or purchased during the
preceding day, including the exact time when received or
purchased, and a description of the person or person by whom
left in pledge, or from whom the same were purchased; provided,
that in cities or towns having 25,000 or more inhabitants, a
copy of the such report shall at the same time also be
delivered to the superintendent of police or the chief police
officer of such city or town. Such report may be made by
computer printout or input memory device if the format has been
approved by the local law enforcement agency.
(b) In counties with more than 3,000,000 inhabitants, a
pawnbroker must provide the daily report to the sheriff only if
the pawnshop is located in an unincorporated area of the
county. Pawnbrokers located in cities or towns in such counties
must deliver such reports to the superintendent of police or
the chief police officer of such city or town.
(Source: P.A. 90-477, eff. 7-1-98; 90-602, eff. 7-1-98; revised
11-14-13.)
Section 290. The Alternative Health Care Delivery Act is
amended by changing Section 30 as follows:
(210 ILCS 3/30)
Sec. 30. Demonstration program requirements. The
requirements set forth in this Section shall apply to
demonstration programs.

(a) (Blank).
(a-5) There shall be no more than the total number of
postsurgical recovery care centers with a certificate of need
for beds as of January 1, 2008.
(a-10) There shall be no more than a total of 9 children's
respite care center alternative health care models in the
demonstration program, which shall be located as follows:
(1) Two in the City of Chicago.
(2) One in Cook County outside the City of Chicago.
(3) A total of 2 in the area comprised of DuPage, Kane,
Lake, McHenry, and Will counties.
(4) A total of 2 in municipalities with a population of
50,000 or more and not located in the areas described in
paragraphs (1), (2), or (3).
(5) A total of 2 in rural areas, as defined by the
Health Facilities and Services Review Board.
No more than one children's respite care model owned and
operated by a licensed skilled pediatric facility shall be
located in each of the areas designated in this subsection
(a-10).
(a-15) There shall be 5 authorized community-based
residential rehabilitation center alternative health care
models in the demonstration program.
(a-20) There shall be an authorized Alzheimer's disease
management center alternative health care model in the
demonstration program. The Alzheimer's disease management

center shall be located in Will County, owned by a
not-for-profit entity, and endorsed by a resolution approved by
the county board before the effective date of this amendatory
Act of the 91st General Assembly.
(a-25) There shall be no more than 10 birth center
alternative health care models in the demonstration program,
located as follows:
(1) Four in the area comprising Cook, DuPage, Kane,
Lake, McHenry, and Will counties, one of which shall be
owned or operated by a hospital and one of which shall be
owned or operated by a federally qualified health center.
(2) Three in municipalities with a population of 50,000
or more not located in the area described in paragraph (1)
of this subsection, one of which shall be owned or operated
by a hospital and one of which shall be owned or operated
by a federally qualified health center.
(3) Three in rural areas, one of which shall be owned
or operated by a hospital and one of which shall be owned
or operated by a federally qualified health center.
The first 3 birth centers authorized to operate by the
Department shall be located in or predominantly serve the
residents of a health professional shortage area as determined
by the United States Department of Health and Human Services.
There shall be no more than 2 birth centers authorized to
operate in any single health planning area for obstetric
services as determined under the Illinois Health Facilities

Planning Act. If a birth center is located outside of a health
professional shortage area, (i) the birth center shall be
located in a health planning area with a demonstrated need for
obstetrical service beds, as determined by the Health
Facilities and Services Review Board or (ii) there must be a
reduction in the existing number of obstetrical service beds in
the planning area so that the establishment of the birth center
does not result in an increase in the total number of
obstetrical service beds in the health planning area.
(b) Alternative health care models, other than a model
authorized under subsection (a-10) or (a-20), shall obtain a
certificate of need from the Health Facilities and Services
Review Board under the Illinois Health Facilities Planning Act
before receiving a license by the Department. If, after
obtaining its initial certificate of need, an alternative
health care delivery model that is a community based
residential rehabilitation center seeks to increase the bed
capacity of that center, it must obtain a certificate of need
from the Health Facilities and Services Review Board before
increasing the bed capacity. Alternative health care models in
medically underserved areas shall receive priority in
obtaining a certificate of need.
(c) An alternative health care model license shall be
issued for a period of one year and shall be annually renewed
if the facility or program is in substantial compliance with
the Department's rules adopted under this Act. A licensed

alternative health care model that continues to be in
substantial compliance after the conclusion of the
demonstration program shall be eligible for annual renewals
unless and until a different licensure program for that type of
health care model is established by legislation, except that a
postsurgical recovery care center meeting the following
requirements may apply within 3 years after August 25, 2009
(the effective date of Public Act 96-669) for a Certificate of
Need permit to operate as a hospital:
(1) The postsurgical recovery care center shall apply
to the Health Facilities and Services Review Board for a
Certificate of Need permit to discontinue the postsurgical
recovery care center and to establish a hospital.
(2) If the postsurgical recovery care center obtains a
Certificate of Need permit to operate as a hospital, it
shall apply for licensure as a hospital under the Hospital
Licensing Act and shall meet all statutory and regulatory
requirements of a hospital.
(3) After obtaining licensure as a hospital, any
license as an ambulatory surgical treatment center and any
license as a postsurgical post-surgical recovery care
center shall be null and void.
(4) The former postsurgical recovery care center that
receives a hospital license must seek and use its best
efforts to maintain certification under Titles XVIII and
XIX of the federal Social Security Act.

The Department may issue a provisional license to any
alternative health care model that does not substantially
comply with the provisions of this Act and the rules adopted
under this Act if (i) the Department finds that the alternative
health care model has undertaken changes and corrections which
upon completion will render the alternative health care model
in substantial compliance with this Act and rules and (ii) the
health and safety of the patients of the alternative health
care model will be protected during the period for which the
provisional license is issued. The Department shall advise the
licensee of the conditions under which the provisional license
is issued, including the manner in which the alternative health
care model fails to comply with the provisions of this Act and
rules, and the time within which the changes and corrections
necessary for the alternative health care model to
substantially comply with this Act and rules shall be
completed.
(d) Alternative health care models shall seek
certification under Titles XVIII and XIX of the federal Social
Security Act. In addition, alternative health care models shall
provide charitable care consistent with that provided by
comparable health care providers in the geographic area.
(d-5) (Blank).
(e) Alternative health care models shall, to the extent
possible, link and integrate their services with nearby health
care facilities.

(f) Each alternative health care model shall implement a
quality assurance program with measurable benefits and at
reasonable cost.
(Source: P.A. 96-31, eff. 6-30-09; 96-129, eff. 8-4-09; 96-669,
eff. 8-25-09; 96-812, eff. 1-1-10; 96-1000, eff. 7-2-10;
96-1071, eff. 7-16-10; 96-1123, eff. 1-1-11; 97-135, eff.
7-14-11; 97-333, eff. 8-12-11; 97-813, eff. 7-13-12; revised
11-12-13.)
Section 295. The Illinois Clinical Laboratory and Blood
Bank Act is amended by changing Section 7-101 as follows:
(210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
Sec. 7-101. Examination of specimens. A clinical
laboratory shall examine specimens only at the request of (i) a
licensed physician, (ii) a licensed dentist, (iii) a licensed
podiatric physician, (iv) a licensed optometrist, (v) a
licensed physician assistant in accordance with the written
guidelines required under subdivision (3) of Section 4 and
under Section 7.5 of the Physician Assistant Practice Act of
1987, (v-A) an advanced practice nurse in accordance with the
written collaborative agreement required under Section 65-35
of the Nurse Practice Act, (vi) an authorized law enforcement
agency or, in the case of blood alcohol, at the request of the
individual for whom the test is to be performed in compliance
with Sections 11-501 and 11-501.1 of the Illinois Vehicle Code,

or (vii) a genetic counselor with the specific authority from a
referral to order a test or tests pursuant to subsection (b) of
Section 20 of the Genetic Counselor Licensing Act. If the
request to a laboratory is oral, the physician or other
authorized person shall submit a written request to the
laboratory within 48 hours. If the laboratory does not receive
the written request within that period, it shall note that fact
in its records. For purposes of this Section, a request made by
electronic mail or fax constitutes a written request.
(Source: P.A. 97-333, eff. 8-12-11; 98-185, eff. 1-1-14;
98-214, eff. 8-9-13; revised 10-15-13.)
Section 300. The Abused and Neglected Long Term Care
Facility Residents Reporting Act is amended by changing Section
4 as follows:
(210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
Sec. 4. Any long term care facility administrator, agent or
employee or any physician, hospital, surgeon, dentist,
osteopath, chiropractor, podiatric physician, accredited
religious practitioner who provides treatment by spiritual
means alone through prayer in accordance with the tenets and
practices of the accrediting church, coroner, social worker,
social services administrator, registered nurse, law
enforcement officer, field personnel of the Department of
Healthcare and Family Services, field personnel of the Illinois

Department of Public Health and County or Municipal Health
Departments, personnel of the Department of Human Services
(acting as the successor to the Department of Mental Health and
Developmental Disabilities or the Department of Public Aid),
personnel of the Guardianship and Advocacy Commission,
personnel of the State Fire Marshal, local fire department
inspectors or other personnel, or personnel of the Illinois
Department on Aging, or its subsidiary Agencies on Aging, or
employee of a facility licensed under the Assisted Living and
Shared Housing Act, having reasonable cause to believe any
resident with whom they have direct contact has been subjected
to abuse or neglect shall immediately report or cause a report
to be made to the Department. Persons required to make reports
or cause reports to be made under this Section include all
employees of the State of Illinois who are involved in
providing services to residents, including professionals
providing medical or rehabilitation services and all other
persons having direct contact with residents; and further
include all employees of community service agencies who provide
services to a resident of a public or private long term care
facility outside of that facility. Any long term care surveyor
of the Illinois Department of Public Health who has reasonable
cause to believe in the course of a survey that a resident has
been abused or neglected and initiates an investigation while
on site at the facility shall be exempt from making a report
under this Section but the results of any such investigation

shall be forwarded to the central register in a manner and form
described by the Department.
The requirement of this Act shall not relieve any long term
care facility administrator, agent or employee of
responsibility to report the abuse or neglect of a resident
under Section 3-610 of the Nursing Home Care Act or under
Section 3-610 of the ID/DD Community Care Act or under Section
2-107 of the Specialized Mental Health Rehabilitation Act of
2013.
In addition to the above persons required to report
suspected resident abuse and neglect, any other person may make
a report to the Department, or to any law enforcement officer,
if such person has reasonable cause to suspect a resident has
been abused or neglected.
This Section also applies to residents whose death occurs
from suspected abuse or neglect before being found or brought
to a hospital.
A person required to make reports or cause reports to be
made under this Section who fails to comply with the
requirements of this Section is guilty of a Class A
misdemeanor.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13; 98-214, eff. 8-9-13;
revised 9-9-13.)
Section 305. The Community Living Facilities Licensing Act

is amended by changing Section 9 as follows:
(210 ILCS 35/9) (from Ch. 111 1/2, par. 4189)
Sec. 9. Regular licenses.
(1) A regular license shall be valid for a one-year period
from the date of authorization. A license is not transferable.
(2) Within 120 to 150 days prior to the date of expiration
of the license, the licensee shall apply to the Department for
renewal of the license. The procedure for renewing a valid
license for a Community Living Facility shall be the same as
for applying for the initial license, pursuant to subsections
(1) through (4) of Section 7 of this Act. If the Department has
determined on the basis of available documentation that the
Community Living Facility is in substantial compliance with
this Act and the rules promulgated under this Act, and has
provided to the Department an accurate disclosure document in
accordance with the Alzheimer's Disease and Related Dementias
Special Care Disclosure Act, it shall renew the regular license
for another one-year period.
(3) Whenever ownership of a facility is transferred from
the licensee to any other person, agency, association,
corporation, partnership, or organization, the transferee
transferree must obtain a new probationary license. The
transferee transferree shall notify the Department of the
transfer and apply for a new license at least 30 days prior to
final transfer. The requirement for an on-site inspection in

Section 7 may be waived if the Department has conducted a
survey of the Community Living Facility within the past 60 days
and the survey disclosed substantial compliance with this Act
and rules and regulations promulgated hereunder.
(Source: P.A. 96-990, eff. 7-2-10; revised 9-11-13.)
Section 310. The Nursing Home Care Act is amended by
changing Sections 3-112 and 3-304.1 as follows:
(210 ILCS 45/3-112) (from Ch. 111 1/2, par. 4153-112)
Sec. 3-112. (a) Whenever ownership of a facility is
transferred from the person named in the license to any other
person, the transferee must obtain a new probationary license.
The transferee shall notify the Department of the transfer and
apply for a new license at least 30 days prior to final
transfer.
(b) The transferor shall notify the Department at least 30
days prior to final transfer. The transferor shall remain
responsible for the operation of the facility until such time
as a license is issued to the transferee transferree.
(Source: P.A. 81-223; revised 9-11-13.)
(210 ILCS 45/3-304.1)
Sec. 3-304.1. Public computer access to information.
(a) The Department must make information regarding nursing
homes in the State available to the public in electronic form

on the World Wide Web, including all of the following
information:
(1) who regulates nursing homes;
(2) information in the possession of the Department
that is listed in Sections 3-210 and 3-304;
(3) deficiencies and plans of correction;
(4) enforcement remedies;
(5) penalty letters;
(6) designation of penalty monies;
(7) the U.S. Department of Health and Human Services'
Health Care Financing Administration special projects or
federally required inspections;
(8) advisory standards;
(9) deficiency-free surveys;
(10) enforcement actions and enforcement summaries;
(11) distressed facilities; and
(12) the report submitted under Section 3-518; .
(13) (12) a link to the most recent facility cost
report filed with the Department of Healthcare and Family
Services;
(14) (13) a link to the most recent Consumer Choice
Information Report filed with the Department on Aging;
(15) (14) whether the facility is part of a chain; the
facility shall be deemed part of a chain if it meets
criteria established by the United States Department of
Health and Human Services that identify it as owned by a

chain organization;
(16) (15) whether the facility is a for-profit or
not-for-profit facility; and
(17) (16) whether the facility is or is part of a
continuing care retirement community.
(b) No fee or other charge may be imposed by the Department
as a condition of accessing the information.
(c) The electronic public access provided through the World
Wide Web shall be in addition to any other electronic or print
distribution of the information.
(d) The information shall be made available as provided in
this Section in the shortest practicable time after it is
publicly available in any other form.
(Source: P.A. 98-85, eff. 7-15-13; 98-505, eff. 1-1-14; revised
9-9-13.)
Section 315. The Emergency Medical Services (EMS) Systems
Act is amended by changing Section 3.117 as follows:
(210 ILCS 50/3.117)
Sec. 3.117. Hospital Designations.
(a) The Department shall attempt to designate Primary
Stroke Centers in all areas of the State.
(1) The Department shall designate as many certified
Primary Stroke Centers as apply for that designation
provided they are certified by a nationally-recognized

certifying body, approved by the Department, and
certification criteria are consistent with the most
current nationally-recognized, evidence-based stroke
guidelines related to reducing the occurrence,
disabilities, and death associated with stroke.
(2) A hospital certified as a Primary Stroke Center by
a nationally-recognized certifying body approved by the
Department, shall send a copy of the Certificate to the
Department and shall be deemed, within 30 days of its
receipt by the Department, to be a State-designated Primary
Stroke Center.
(3) With respect to a hospital that is a designated
Primary Stroke Center, the Department shall have the
authority and responsibility to do the following:
(A) Suspend or revoke a hospital's Primary Stroke
Center designation upon receiving notice that the
hospital's Primary Stroke Center certification has
lapsed or has been revoked by the State recognized
certifying body.
(B) Suspend a hospital's Primary Stroke Center
designation, in extreme circumstances where patients
may be at risk for immediate harm or death, until such
time as the certifying body investigates and makes a
final determination regarding certification.
(C) Restore any previously suspended or revoked
Department designation upon notice to the Department

that the certifying body has confirmed or restored the
Primary Stroke Center certification of that previously
designated hospital.
(D) Suspend a hospital's Primary Stroke Center
designation at the request of a hospital seeking to
suspend its own Department designation.
(4) Primary Stroke Center designation shall remain
valid at all times while the hospital maintains its
certification as a Primary Stroke Center, in good standing,
with the certifying body. The duration of a Primary Stroke
Center designation shall coincide with the duration of its
Primary Stroke Center certification. Each designated
Primary Stroke Center shall have its designation
automatically renewed upon the Department's receipt of a
copy of the accrediting body's certification renewal.
(5) A hospital that no longer meets
nationally-recognized, evidence-based standards for
Primary Stroke Centers, or loses its Primary Stroke Center
certification, shall immediately notify the Department and
the Regional EMS Advisory Committee.
(b) The Department shall attempt to designate hospitals as
Emergent Stroke Ready Hospitals capable of providing emergent
stroke care in all areas of the State.
(1) The Department shall designate as many Emergent
Stroke Ready Hospitals as apply for that designation as
long as they meet the criteria in this Act.

(2) Hospitals may apply for, and receive, Emergent
Stroke Ready Hospital designation from the Department,
provided that the hospital attests, on a form developed by
the Department in consultation with the State Stroke
Advisory Subcommittee, that it meets, and will continue to
meet, the criteria for Emergent Stroke Ready Hospital
designation.
(3) Hospitals seeking Emergent Stroke Ready Hospital
designation shall develop policies and procedures that
consider nationally-recognized, evidence-based protocols
for the provision of emergent stroke care. Hospital
policies relating to emergent stroke care and stroke
patient outcomes shall be reviewed at least annually, or
more often as needed, by a hospital committee that oversees
quality improvement. Adjustments shall be made as
necessary to advance the quality of stroke care delivered.
Criteria for Emergent Stroke Ready Hospital designation of
hospitals shall be limited to the ability of a hospital to:
(A) create written acute care protocols related to
emergent stroke care;
(B) maintain a written transfer agreement with one
or more hospitals that have neurosurgical expertise;
(C) designate a director of stroke care, which may
be a clinical member of the hospital staff or the
designee of the hospital administrator, to oversee the
hospital's stroke care policies and procedures;

(D) administer thrombolytic therapy, or
subsequently developed medical therapies that meet
nationally-recognized, evidence-based stroke
guidelines;
(E) conduct brain image tests at all times;
(F) conduct blood coagulation studies at all
times; and
(G) maintain a log of stroke patients, which shall
be available for review upon request by the Department
or any hospital that has a written transfer agreement
with the Emergent Stroke Ready Hospital.
(4) With respect to Emergent Stroke Ready Hospital
designation, the Department shall have the authority and
responsibility to do the following:
(A) Require hospitals applying for Emergent Stroke
Ready Hospital designation to attest, on a form
developed by the Department in consultation with the
State Stroke Advisory Subcommittee, that the hospital
meets, and will continue to meet, the criteria for an a
Emergent Stroke Ready Hospital.
(B) Designate a hospital as an Emergent Stroke
Ready Hospital no more than 20 business days after
receipt of an attestation that meets the requirements
for attestation.
(C) Require annual written attestation, on a form
developed by the Department in consultation with the

State Stroke Advisory Subcommittee, by Emergent Stroke
Ready Hospitals to indicate compliance with Emergent
Stroke Ready Hospital criteria, as described in this
Section, and automatically renew Emergent Stroke Ready
Hospital designation of the hospital.
(D) Issue an Emergency Suspension of Emergent
Stroke Ready Hospital designation when the Director,
or his or her designee, has determined that the
hospital no longer meets the Emergent Stroke Ready
Hospital criteria and an immediate and serious danger
to the public health, safety, and welfare exists. If
the Emergent Stroke Ready Hospital fails to eliminate
the violation immediately or within a fixed period of
time, not exceeding 10 days, as determined by the
Director, the Director may immediately revoke the
Emergent Stroke Ready Hospital designation. The
Emergent Stroke Ready Hospital may appeal the
revocation within 15 days after receiving the
Director's revocation order, by requesting an
administrative hearing.
(E) After notice and an opportunity for an
administrative hearing, suspend, revoke, or refuse to
renew an Emergent Stroke Ready Hospital designation,
when the Department finds the hospital is not in
substantial compliance with current Emergent Stroke
Ready Hospital criteria.

(c) The Department shall consult with the State Stroke
Advisory Subcommittee for developing the designation and
de-designation processes for Primary Stroke Centers and
Emergent Stroke Ready Hospitals.
(Source: P.A. 96-514, eff. 1-1-10; revised 11-12-13.)
Section 320. The End Stage Renal Disease Facility Act is
amended by changing Section 60 as follows:
(210 ILCS 62/60)
Sec. 60. Notice of administrative actions; hearing
procedures.
(a) Notice of all administrative actions taken under this
Act shall be effected by registered mail, certified mail, or
personal service and shall set forth the particular reasons for
the proposed action and provide the applicant or licensee with
an opportunity to request a hearing. If a hearing request is
not received within 10 days after receipt of the notice of
administrative action, the right to a hearing is waived.
(b) The procedure governing hearings authorized by this
Section shall be in accordance with rules promulgated by the
Department consistent with this Act. A hearing shall be
conducted by the Director or by an individual designated in
writing by the Director as administrative law judge. A full and
complete record shall be kept of all proceedings, including
notice of hearing, complaint, and all other documents in the

nature of pleadings, written motions filed in the proceedings,
and the report and orders of the Director and administrative
law judge. All testimony shall be reported but need not be
transcribed unless the decision is appealed pursuant to Section
70 of this Act. Any interested party may obtain a copy or
copies of the transcript on payment of the cost of preparing
such copy or copies.
(c) The Director or administrative law judge shall, upon
his own motion or on the written request of any party to the
proceeding, issue subpoenas requiring the attendance and
testimony of witnesses and subpoenas duces tecum requiring the
production of books, papers, records or memoranda. The fees of
witnesses for attendance and travel shall be the same as the
fees of witnesses before any circuit court of this State. Such
fees shall be paid when the witness is excused from further
attendance. When the witness is subpoenaed at the instance of
the Director or administrative law judge, such fees shall be
paid in the same manner as other expenses of the Department.
When the witness is subpoenaed at the instance of any other
party to a proceeding, the Department may require that the cost
of service of the subpoena or subpoena duces tecum and the fee
of the witness be borne by the party at whose instance the
witness is summoned. In such case, the Department, in its
discretion, may require a deposit to cover the cost of such
service and witness fees. A subpoena or subpoena duces tecum
issued under this Section shall be served in the same manner as

a subpoena issued by a court.
(d) Any circuit court of this State, upon the application
of the Director or the application of any other party to the
proceeding, may, in its discretion, compel the attendance of
witnesses, the production of books, papers, records or
memoranda, and the giving of testimony before the Director or
administrative law judge conducting an investigation or
holding a hearing authorized by this Act, by an attachment for
contempt, or otherwise, in the same manner as production of
evidence may be compelled before the court.
(e) The Director or administrative law judge, or any party
in a hearing before the Department, may compel the attendance
of witnesses and the production of books, papers, records, or
memoranda.
(f) The Director or administrative law judge shall make
findings of fact in such hearing and the Director shall render
his decision within 60 days after the termination or waiving of
the hearing unless he or she requires additional time for a
proper disposition of the matter. When an a administrative law
judge has conducted the hearing, the Director shall review the
record and findings of fact before rendering a decision. A copy
of the findings of fact and decision of the Director shall be
served upon the applicant or licensee in person, by registered
mail or by certified mail in the same manner as the service of
the notice of hearing. The decision denying, suspending, or
revoking a license shall become final 35 days after it is

mailed or served, unless the applicant or licensee, within the
35-day period, petitions for review pursuant to Section 70 of
this Act.
(Source: P.A. 92-794, eff. 7-1-03; revised 11-13-13.)
Section 325. The Hospital Emergency Service Act is amended
by changing Section 1.3 as follows:
(210 ILCS 80/1.3)
Sec. 1.3. Long-term acute care hospitals. For the purpose
of this Act, general acute care hospitals designated by
Medicare as long-term acute care hospitals are not required to
provide hospital emergency services described in Section 1 of
this Act. Hospitals defined in this Section may provide
hospital emergency services at their option.
Any hospital defined in this Section that opts to
discontinue emergency services described in Section 1 shall:
(1) comply with all provisions of the federal Emergency
Medical Treatment and & Labor Act (EMTALA);
(2) comply with all provisions required under the
Social Security Act;
(3) provide annual notice to communities in the
hospital's service area about available emergency medical
services; and
(4) make educational materials available to
individuals who are present at the hospital concerning the

availability of medical services within the hospital's
service area.
Long-term acute care hospitals that operate standby
emergency services as of January 1, 2011 may discontinue
hospital emergency services by notifying the Department of
Public Health. Long-term acute care hospitals that operate
basic or comprehensive emergency services must notify the
Health Facilities and Services Review Board and follow the
appropriate procedures.
(Source: P.A. 97-667, eff. 1-13-12; revised 9-11-13.)
Section 330. The Language Assistance Services Act is
amended by changing Section 15 as follows:
(210 ILCS 87/15)
Sec. 15. Language assistance services.
(a) To ensure insure access to health care information and
services for limited-English-speaking or non-English-speaking
residents and deaf residents, a health facility must do the
following:
(1) Adopt and review annually a policy for providing
language assistance services to patients with language or
communication barriers. The policy shall include
procedures for providing, to the extent possible as
determined by the facility, the use of an interpreter
whenever a language or communication barrier exists,

except where the patient, after being informed of the
availability of the interpreter service, chooses to use a
family member or friend who volunteers to interpret. The
procedures shall be designed to maximize efficient use of
interpreters and minimize delays in providing interpreters
to patients. The procedures shall insure, to the extent
possible as determined by the facility, that interpreters
are available, either on the premises or accessible by
telephone, 24 hours a day. The facility shall annually
transmit to the Department of Public Health a copy of the
updated policy and shall include a description of the
facility's efforts to insure adequate and speedy
communication between patients with language or
communication barriers and staff.
(2) Develop, and post in conspicuous locations,
notices that advise patients and their families of the
availability of interpreters, the procedure for obtaining
an interpreter, and the telephone numbers to call for
filing complaints concerning interpreter service problems,
including, but not limited to, a TTY number for persons who
are deaf or hard of hearing. The notices shall be posted,
at a minimum, in the emergency room, the admitting area,
the facility entrance, and the outpatient area. Notices
shall inform patients that interpreter services are
available on request, shall list the languages most
commonly encountered at the facility for which interpreter

services are available, and shall instruct patients to
direct complaints regarding interpreter services to the
Department of Public Health, including the telephone
numbers to call for that purpose.
(3) Notify the facility's employees of the language
services available at the facility and train them on how to
make those language services available to patients.
(b) In addition, a health facility may do one or more of
the following:
(1) Identify and record a patient's primary language
and dialect on one or more of the following: a patient
medical chart, hospital bracelet, bedside notice, or
nursing card.
(2) Prepare and maintain, as needed, a list of
interpreters who have been identified as proficient in sign
language according to the Interpreter for the Deaf
Licensure Act of 2007 Interpreters for the Deaf Act and a
list of the languages of the population of the geographical
area served by the facility.
(3) Review all standardized written forms, waivers,
documents, and informational materials available to
patients on admission to determine which to translate into
languages other than English.
(4) Consider providing its nonbilingual staff with
standardized picture and phrase sheets for use in routine
communications with patients who have language or

communication barriers.
(5) Develop community liaison groups to enable the
facility and the limited-English-speaking,
non-English-speaking, and deaf communities to ensure
insure the adequacy of the interpreter services.
(Source: P.A. 95-667, eff. 10-11-07; revised 10-7-13.)
Section 335. The Mobile Home Park Act is amended by
changing Section 2 as follows:
(210 ILCS 115/2) (from Ch. 111 1/2, par. 712)
Sec. 2. Unless the context clearly requires otherwise, the
words and phrases set forth in the Sections following this
Section and preceding Section 3 Sections 2.1 to 2.9 inclusive,
shall have the meanings set forth in this Act.
(Source: P.A. 78-1170; revised 11-13-13.)
Section 340. The Illinois Insurance Code is amended by
changing Section 500-100 as follows:
(215 ILCS 5/500-100)
(Section scheduled to be repealed on January 1, 2017)
Sec. 500-100. Limited lines producer license.
(a) An individual who is at least 18 years of age and whom
the Director considers to be competent, trustworthy, and of
good business reputation may obtain a limited lines producer

license for one or more of the following classes:
(1) insurance on baggage or limited travel health,
accident, or trip cancellation insurance sold in
connection with transportation provided by a common
carrier;
(2) industrial life insurance, as defined in Section
228 of this Code;
(3) industrial accident and health insurance, as
defined in Section 368 of this Code;
(4) insurance issued by a company organized under the
Farm Mutual Insurance Company Act of 1986;
(5) legal expense insurance;
(6) enrollment of recipients of public aid or medicare
in a health maintenance organization;
(7) a limited health care plan issued by an
organization having a certificate of authority under the
Limited Health Service Organization Act;
(8) credit life and credit accident and health
insurance and other credit insurance policies approved or
permitted by the Director; a credit insurance company must
conduct a training program in which an applicant shall
receive basic instruction about the credit insurance
products that he or she they will be selling.
(b) The application for a limited lines producer license
must be submitted on a form prescribed by the Director by a
designee of the insurance company, health maintenance

organization, or limited health service organization
appointing the limited insurance representative. The insurance
company, health maintenance organization, or limited health
service organization must pay the fee required by Section
500-135.
(c) A limited lines producer may represent more than one
insurance company, health maintenance organization, or limited
health service organization.
(d) An applicant who has met the requirements of this
Section shall be issued a perpetual limited lines producer
license.
(e) A limited lines producer license shall remain in effect
as long as the appointing insurance company pays the respective
fee required by Section 500-135 prior to January 1 of each
year, unless the license is revoked or suspended pursuant to
Section 500-70. Failure of the insurance company to pay the
license fee or to submit the required documents shall cause
immediate termination of the limited line insurance producer
license with respect to which the failure occurs.
(f) A limited lines producer license may be terminated by
the insurance company or the licensee.
(g) A person whom the Director considers to be competent,
trustworthy, and of good business reputation may be issued a
car rental limited line license. A car rental limited line
license for a rental company shall remain in effect as long as
the car rental limited line licensee pays the respective fee

required by Section 500-135 prior to the next fee date unless
the car rental license is revoked or suspended pursuant to
Section 500-70. Failure of the car rental limited line licensee
to pay the license fee or to submit the required documents
shall cause immediate suspension of the car rental limited line
license. A car rental limited line license for rental companies
may be voluntarily terminated by the car rental limited line
licensee. The license fee shall not be refunded upon
termination of the car rental limited line license by the car
rental limited line licensee.
(h) A limited lines producer issued a license pursuant to
this Section is not subject to the requirements of Section
500-30.
(i) A limited lines producer license must contain the name,
address and personal identification number of the licensee, the
date the license was issued, general conditions relative to the
license's expiration or termination, and any other information
the Director considers proper. A limited line producer license,
if applicable, must also contain the name and address of the
appointing insurance company.
(Source: P.A. 98-159, eff. 8-2-13; revised 11-12-13.)
Section 345. The Reinsurance Intermediary Act is amended by
changing Sections 20 and 45 as follows:
(215 ILCS 100/20) (from Ch. 73, par. 1620)

Sec. 20. Books and records; reinsurance intermediary
brokers.
(a) For at least 10 years after expiration of each contract
of reinsurance transacted by it, the intermediary broker shall
keep a complete record for each transaction showing:
(1) The type of contract, limits, underwriting
restrictions, classes or risks, and territory.
(2) Period of coverage, including effective and
expiration dates, cancellation provisions, and notice
required of cancellations.
(3) Reporting and settlement requirements of balances.
(4) Rate used to compute the reinsurance premium.
(5) Names and addresses of assuming reinsurers.
(6) Rates of all reinsurance commissions, including
the commissions on any retrocessions handled by the
intermediary broker.
(7) Related correspondence and memoranda.
(8) Proof of placement.
(9) Details regarding retrocessions handled by the
intermediary broker including the identity of
retrocessionaires and percentage of each contract assumed
or ceded.
(10) Financial records including, but not limited to,
premium and loss accounts.
(11) When an a intermediary broker procures a
reinsurance contract on behalf of a licensed ceding

insurer:
(A) directly from any assuming reinsurer, written
evidence that the assuming reinsurer has agreed to
assume the risk;
(B) if placed through a representative of the
assuming reinsurer, other than an employee, written
evidence that the reinsurer has delegated binding
authority to the representative.
(b) The insurer shall have access and the right to copy and
audit all accounts and records maintained by the intermediary
broker related to its business in a form usable by the insurer.
(Source: P.A. 87-108; revised 11-13-13.)
(215 ILCS 100/45) (from Ch. 73, par. 1645)
Sec. 45. Duties of reinsurers utilizing the services of a
reinsurance intermediary manager.
(a) A reinsurer shall not engage the services of any
person, firm, association, or corporation to act as an a
intermediary manager on its behalf unless the person is
licensed as required by Section 10.
(b) The reinsurer shall annually obtain a copy of
statements, audited by an independent certified public
accountant in a form acceptable to the Director, of the
financial condition of each intermediary manager that the
reinsurer has contracted.
(c) If an intermediary manager establishes loss reserves,

the reinsurer shall annually obtain the opinion of an actuary
attesting to the adequacy of loss reserves established for
losses incurred and outstanding on business produced by the
intermediary manager. This opinion shall be in addition to any
other required loss reserve certification.
(d) Binding authority for all retrocessional contracts or
participation in reinsurance syndicates shall rest with an
officer of the reinsurer who shall not be affiliated with the
intermediary manager.
(e) Within 30 days of termination of a contract with an
intermediary manager, the reinsurer shall provide written
notification of termination to the Director.
(f) A reinsurer shall not appoint to its board of
directors, any officer, director, employee, controlling
shareholder, or subproducer of its intermediary manager. This
subsection shall not apply to relationships governed by the
Holding Company Act.
(Source: P.A. 87-108; revised 11-14-13.)
Section 350. The Illinois Health Benefits Exchange Law is
amended by changing Section 5-10 as follows:
(215 ILCS 122/5-10)
Sec. 5-10. Exchange functions.
(a) The Illinois Health Benefits Exchange shall meet the
core functions identified by Section 1311 of the Patient

Protection and Affordable Care Act and subsequent federal
guidance and regulations.
(b) In order to meet the deadline of October 1, 2013
established by federal law to have operational a State
exchange, the Department of Insurance and the Commission on
Government Governmental Forecasting and Accountability is
authorized to apply for, accept, receive, and use as
appropriate for and on behalf of the State any grant money
provided by the federal government and to share federal grant
funding with, give support to, and coordinate with other
agencies of the State and federal government or third parties
as determined by the Governor.
(Source: P.A. 97-142, eff. 7-14-11; revised 9-11-13.)
Section 355. The Viatical Settlements Act of 2009 is
amended by changing Section 72 as follows:
(215 ILCS 159/72)
Sec. 72. Crimes and offenses.
(a) A person acting in this State as a viatical settlement
provider without having been licensed pursuant to Section 10 of
this Act who willfully violates any provision of this Act or
any rule adopted or order issued under this Act is guilty of a
Class A misdemeanor and may be subject to a fine of not more
than $3,000. When such violation results in a loss of more than
$10,000, the person shall be guilty of a Class 3 felony and may

be subject to a fine of not more than $10,000.
(b) A person acting in this State as a viatical settlement
broker without having met the licensure and notification
requirements established by Section 10 of this Act who
willfully violates any provision of this Act or any rule
adopted or order issued under this Act is guilty of a Class A
misdemeanor and may be subject to a fine of not more than
$3,000. When such violation results in a loss of more than
$10,000, the person shall be guilty of a Class 3 felony and may
be subject to a fine of not more than $10,000.
(c) The Director may refer such evidence as is available
concerning violations of this Act or any rule adopted or order
issued under this Act or of the failure of a person to comply
with the licensing requirements of this Act to the Attorney
General or the proper county attorney who may, with or without
such reference, institute the appropriate criminal proceedings
under this Act.
(d) A person commits the offense of viatical settlement
fraud when:
(1) For the purpose of depriving another of property or
for pecuniary gain any person knowingly:
(A) presents, causes to be presented, or prepares
with knowledge or belief that it will be presented to
or by a viatical settlement provider, viatical
settlement broker, life expectancy provider, viatical
settlement purchaser, financing entity, insurer,

insurance producer, or any other person, false
material information, or conceals material
information, as part of, in support of or concerning a
fact material to one or more of the following:
(i) an application for the issuance of a
viatical settlement contract or insurance policy;
(ii) the underwriting of a viatical settlement
contract or insurance policy;
(iii) a claim for payment or benefit pursuant
to a viatical settlement contract or insurance
policy;
(iv) premiums paid on an insurance policy;
(v) payments and changes in ownership or
beneficiary made in accordance with the terms of a
viatical settlement contract or insurance policy;
(vi) the reinstatement or conversion of an
insurance policy;
(vii) in the solicitation, offer,
effectuation, or sale of a viatical settlement
contract or insurance policy;
(viii) the issuance of written evidence of a
viatical settlement contract or insurance; or
(ix) a financing transaction; or
(B) employs any plan, financial structure, device,
scheme, or artifice to defraud related to viaticated
policies; or

(C) enters into any act, practice, or arrangement
which involves stranger-originated life insurance; .
(2) In furtherance of a scheme to defraud, to further a
fraud, or to prevent or hinder the detection of a scheme to
defraud any person knowingly does or permits his employees
or agents to do any of the following:
(A) remove, conceal, alter, destroy, or sequester
from the Director the assets or records of a licensee
or other person engaged in the business of viatical
settlements;
(B) misrepresent or conceal the financial
condition of a licensee, financing entity, insurer, or
other person;
(C) transact the business of viatical settlements
in violation of laws requiring a license, certificate
of authority, or other legal authority for the
transaction of the business of viatical settlements;
or
(D) file with the Director or the equivalent chief
insurance regulatory official of another jurisdiction
a document containing false information or otherwise
conceals information about a material fact from the
Director;
(3) Any person knowingly steals, misappropriates, or
converts monies, funds, premiums, credits, or other
property of a viatical settlement provider, insurer,

insured, viator, insurance policyowner, or any other
person engaged in the business of viatical settlements or
insurance;
(4) Any person recklessly enters into, negotiates,
brokers, or otherwise deals in a viatical settlement
contract, the subject of which is a life insurance policy
that was obtained by presenting false information
concerning any fact material to the policy or by
concealing, for the purpose of misleading another,
information concerning any fact material to the policy,
where the person or the persons intended to defraud the
policy's issuer, the viatical settlement provider or the
viator; or
(5) Any person facilitates the change of state of
ownership of a policy or the state of residency of a viator
to a state or jurisdiction that does not have a law similar
to this Act for the express purposes of evading or avoiding
the provisions of this Act.
(e) For purposes of this Section, "person" means (i) an
individual, (ii) a corporation, (iii) an officer, agent, or
employee of a corporation, (iv) a member, agent, or employee of
a partnership, or (v) a member, manager, employee, officer,
director, or agent of a limited liability company who, in any
such capacity described by this subsection (e), commits
viatical settlement fraud.
(Source: P.A. 96-736, eff. 7-1-10; 97-813, eff. 7-13-12;

revised 11-14-13.)
Section 360. The Health Carrier External Review Act is
amended by changing Section 10 as follows:
(215 ILCS 180/10)
Sec. 10. Definitions. For the purposes of this Act:
"Adverse determination" means:
(1) a determination by a health carrier or its designee
utilization review organization that, based upon the
information provided, a request for a benefit under the
health carrier's health benefit plan upon application of
any utilization review technique does not meet the health
carrier's requirements for medical necessity,
appropriateness, health care setting, level of care, or
effectiveness or is determined to be experimental or
investigational and the requested benefit is therefore
denied, reduced, or terminated or payment is not provided
or made, in whole or in part, for the benefit;
(2) the denial, reduction, or termination of or failure
to provide or make payment, in whole or in part, for a
benefit based on a determination by a health carrier or its
designee utilization review organization that a
preexisting condition was present before the effective
date of coverage; or
(3) a rescission recission of coverage determination,

which does not include a cancellation or discontinuance of
coverage that is attributable to a failure to timely pay
required premiums or contributions towards the cost of
coverage.
"Authorized representative" means:
(1) a person to whom a covered person has given express
written consent to represent the covered person for
purposes of this Law;
(2) a person authorized by law to provide substituted
consent for a covered person;
(3) a family member of the covered person or the
covered person's treating health care professional when
the covered person is unable to provide consent;
(4) a health care provider when the covered person's
health benefit plan requires that a request for a benefit
under the plan be initiated by the health care provider; or
(5) in the case of an urgent care request, a health
care provider with knowledge of the covered person's
medical condition.
"Best evidence" means evidence based on:
(1) randomized clinical trials;
(2) if randomized clinical trials are not available,
then cohort studies or case-control studies;
(3) if items (1) and (2) are not available, then
case-series; or
(4) if items (1), (2), and (3) are not available, then

expert opinion.
"Case-series" means an evaluation of a series of patients
with a particular outcome, without the use of a control group.
"Clinical review criteria" means the written screening
procedures, decision abstracts, clinical protocols, and
practice guidelines used by a health carrier to determine the
necessity and appropriateness of health care services.
"Cohort study" means a prospective evaluation of 2 groups
of patients with only one group of patients receiving specific
intervention.
"Concurrent review" means a review conducted during a
patient's stay or course of treatment in a facility, the office
of a health care professional, or other inpatient or outpatient
health care setting.
"Covered benefits" or "benefits" means those health care
services to which a covered person is entitled under the terms
of a health benefit plan.
"Covered person" means a policyholder, subscriber,
enrollee, or other individual participating in a health benefit
plan.
"Director" means the Director of the Department of
Insurance.
"Emergency medical condition" means a medical condition
manifesting itself by acute symptoms of sufficient severity,
including, but not limited to, severe pain, such that a prudent
layperson who possesses an average knowledge of health and

medicine could reasonably expect the absence of immediate
medical attention to result in:
(1) placing the health of the individual or, with
respect to a pregnant woman, the health of the woman or her
unborn child, in serious jeopardy;
(2) serious impairment to bodily functions; or
(3) serious dysfunction of any bodily organ or part.
"Emergency services" means health care items and services
furnished or required to evaluate and treat an emergency
medical condition.
"Evidence-based standard" means the conscientious,
explicit, and judicious use of the current best evidence based
on an overall systematic review of the research in making
decisions about the care of individual patients.
"Expert opinion" means a belief or an interpretation by
specialists with experience in a specific area about the
scientific evidence pertaining to a particular service,
intervention, or therapy.
"Facility" means an institution providing health care
services or a health care setting.
"Final adverse determination" means an adverse
determination involving a covered benefit that has been upheld
by a health carrier, or its designee utilization review
organization, at the completion of the health carrier's
internal grievance process procedures as set forth by the
Managed Care Reform and Patient Rights Act.

"Health benefit plan" means a policy, contract,
certificate, plan, or agreement offered or issued by a health
carrier to provide, deliver, arrange for, pay for, or reimburse
any of the costs of health care services.
"Health care provider" or "provider" means a physician,
hospital facility, or other health care practitioner licensed,
accredited, or certified to perform specified health care
services consistent with State law, responsible for
recommending health care services on behalf of a covered
person.
"Health care services" means services for the diagnosis,
prevention, treatment, cure, or relief of a health condition,
illness, injury, or disease.
"Health carrier" means an entity subject to the insurance
laws and regulations of this State, or subject to the
jurisdiction of the Director, that contracts or offers to
contract to provide, deliver, arrange for, pay for, or
reimburse any of the costs of health care services, including a
sickness and accident insurance company, a health maintenance
organization, or any other entity providing a plan of health
insurance, health benefits, or health care services. "Health
carrier" also means Limited Health Service Organizations
(LHSO) and Voluntary Health Service Plans.
"Health information" means information or data, whether
oral or recorded in any form or medium, and personal facts or
information about events or relationships that relate to:

(1) the past, present, or future physical, mental, or
behavioral health or condition of an individual or a member
of the individual's family;
(2) the provision of health care services to an
individual; or
(3) payment for the provision of health care services
to an individual.
"Independent review organization" means an entity that
conducts independent external reviews of adverse
determinations and final adverse determinations.
"Medical or scientific evidence" means evidence found in
the following sources:
(1) peer-reviewed scientific studies published in or
accepted for publication by medical journals that meet
nationally recognized requirements for scientific
manuscripts and that submit most of their published
articles for review by experts who are not part of the
editorial staff;
(2) peer-reviewed medical literature, including
literature relating to therapies reviewed and approved by a
qualified institutional review board, biomedical
compendia, and other medical literature that meet the
criteria of the National Institutes of Health's Library of
Medicine for indexing in Index Medicus (Medline) and
Elsevier Science Ltd. for indexing in Excerpta Medicus
(EMBASE);

(3) medical journals recognized by the Secretary of
Health and Human Services under Section 1861(t)(2) of the
federal Social Security Act;
(4) the following standard reference compendia:
(a) The American Hospital Formulary Service-Drug
Information;
(b) Drug Facts and Comparisons;
(c) The American Dental Association Accepted
Dental Therapeutics; and
(d) The United States Pharmacopoeia-Drug
Information;
(5) findings, studies, or research conducted by or
under the auspices of federal government agencies and
nationally recognized federal research institutes,
including:
(a) the federal Agency for Healthcare Research and
Quality;
(b) the National Institutes of Health;
(c) the National Cancer Institute;
(d) the National Academy of Sciences;
(e) the Centers for Medicare & Medicaid Services;
(f) the federal Food and Drug Administration; and
(g) any national board recognized by the National
Institutes of Health for the purpose of evaluating the
medical value of health care services; or
(6) any other medical or scientific evidence that is

comparable to the sources listed in items (1) through (5).
"Person" means an individual, a corporation, a
partnership, an association, a joint venture, a joint stock
company, a trust, an unincorporated organization, any similar
entity, or any combination of the foregoing.
"Prospective review" means a review conducted prior to an
admission or the provision of a health care service or a course
of treatment in accordance with a health carrier's requirement
that the health care service or course of treatment, in whole
or in part, be approved prior to its provision.
"Protected health information" means health information
(i) that identifies an individual who is the subject of the
information; or (ii) with respect to which there is a
reasonable basis to believe that the information could be used
to identify an individual.
"Randomized clinical trial" means a controlled prospective
study of patients that have been randomized into an
experimental group and a control group at the beginning of the
study with only the experimental group of patients receiving a
specific intervention, which includes study of the groups for
variables and anticipated outcomes over time.
"Retrospective review" means any review of a request for a
benefit that is not a concurrent or prospective review request.
"Retrospective review" does not include the review of a claim
that is limited to veracity of documentation or accuracy of
coding.

"Utilization review" has the meaning provided by the
Managed Care Reform and Patient Rights Act.
"Utilization review organization" means a utilization
review program as defined in the Managed Care Reform and
Patient Rights Act.
(Source: P.A. 96-857, eff. 7-1-10; 97-574, eff. 8-26-11;
97-813, eff. 7-13-12; revised 11-14-13.)
Section 365. The Public Utilities Act is amended by
changing Sections 13-903 and 21-401 as follows:
(220 ILCS 5/13-903)
(Section scheduled to be repealed on July 1, 2015)
Sec. 13-903. Authorization, verification or notification,
and dispute resolution for covered product and service charges
on the telephone bill.
(a) Definitions. As used in this Section:
(1) "Subscriber" means a telecommunications carrier's
retail business customer served by not more than 20 lines
or a retail residential customer.
(2) "Telecommunications carrier" has the meaning given
in Section 13-202 of the Public Utilities Act and includes
agents and employees of a telecommunications carrier,
except that "telecommunications carrier" does not include
a provider of commercial mobile radio services (as defined
by 47 U.S.C. 332(d)(1)).

(b) Applicability of Section. This Section does not apply
to:
(1) changes in a subscriber's local exchange
telecommunications service or interexchange
telecommunications service;
(2) message telecommunications charges that are
initiated by dialing 1+, 0+, 0-, 1010XXX, or collect calls
and charges for video services if the service provider has
the necessary call detail record to establish the billing
for the call or service; and
(3) telecommunications services available on a
subscriber's line when the subscriber activates and pays
for the services on a per use basis.
(c) Requirements for billing authorized charges. A
telecommunications carrier shall meet all of the following
requirements before submitting charges for any product or
service to be billed on any subscriber's telephone bill:
(1) Inform the subscriber. The telecommunications
carrier offering the product or service must thoroughly
inform the subscriber of the product or service being
offered, including all associated charges, and explicitly
inform the subscriber that the associated charges for the
product or service will appear on the subscriber's
telephone bill.
(2) Obtain subscriber authorization. The subscriber
must have clearly and explicitly consented to obtaining the

product or service offered and to having the associated
charges appear on the subscriber's telephone bill. The
consent must be verified by the service provider in
accordance with subsection (d) of this Section. A record of
the consent must be maintained by the telecommunications
carrier offering the product or service for at least 24
months immediately after the consent and verification were
obtained.
(d) Verification or notification. Except in
subscriber-initiated transactions with a certificated
telecommunications carrier for which the telecommunications
carrier has the appropriate documentation, the
telecommunications carrier, after obtaining the subscriber's
authorization in the required manner, shall either verify the
authorization or notify the subscriber as follows:
(1) Independent third-party verification:
(A) Verification shall be obtained by an
independent third party that:
(i) operates from a facility physically
separate from that of the telecommunications
carrier;
(ii) is not directly or indirectly managed,
controlled, directed, or owned wholly or in part by
the telecommunications carrier or the carrier's
marketing agent; and
(iii) does not derive commissions or

compensation based upon the number of sales
confirmed.
(B) The third-party verification agent shall
state, and shall obtain the subscriber's
acknowledgment of, the following disclosures:
(i) the subscriber's name, address, and the
telephone numbers of all telephone lines that will
be charged for the product or service of the
telecommunications carrier;
(ii) that the person speaking to the third
party verification agent is in fact the
subscriber;
(iii) that the subscriber wishes to purchase
the product or service of the telecommunications
carrier and is agreeing to do so;
(iv) that the subscriber understands that the
charges for the product or service of the
telecommunications carrier will appear on the
subscriber's telephone bill; and
(v) the name and customer service telephone
number of the telecommunications carrier.
(C) The telecommunications carrier shall retain,
electronically or otherwise, proof of the verification
of sales for a minimum of 24 months.
(2) Notification. Written notification shall be
provided as follows:

(A) the telecommunications carrier shall mail a
letter to the subscriber using first class mail,
postage prepaid, no later than 10 days after initiation
of the product or service;
(B) the letter shall be a separate document sent
for the sole purpose of describing the product or
service of the telecommunications carrier;
(C) the letter shall be printed with 10-point or
larger type and clearly and conspicuously disclose the
material terms and conditions of the offer of the
telecommunications carrier, as described in paragraph
(1) of subsection (c);
(D) the letter shall contain a toll-free telephone
number the subscriber can call to cancel the product or
service;
(E) the telecommunications carrier shall retain,
electronically or otherwise, proof of written
notification for a minimum of 24 months; and
(F) written notification can be provided via
electronic mail if consumers are given the disclosures
required by Section 101(c) of the Electronic
Signatures in Global and National Commerce Act.
(e) Unauthorized charges.
(1) Responsibilities of the billing telecommunications
carrier for unauthorized charges. If a subscriber's
telephone bill is charged for any product or service

without proper subscriber authorization and verification
or notification of authorization in compliance with this
Section, the telecommunications carrier that billed the
subscriber, on its knowledge or notification of any
unauthorized charge, shall promptly, but not later than 45
days after the date of the knowledge or notification of an
unauthorized charge:
(A) notify the product or service provider to
immediately cease charging the subscriber for the
unauthorized product or service;
(B) remove the unauthorized charge from the
subscriber's bill; and
(C) refund or credit to the subscriber all money
that the subscriber has paid for any unauthorized
charge.
(f) The Commission shall promulgate any rules necessary to
ensure that subscribers are not billed on the telephone bill
for products or services in a manner not in compliance with
this Section. The rules promulgated under this Section shall
comport with the rules, if any, promulgated by the Attorney
General pursuant to the Consumer Fraud and Deceptive Business
Practices Act and with any rules promulgated by the Federal
Communications Commission or Federal Trade Commission.
(g) Complaints may be filed with the Commission under this
Section by a subscriber who has been billed on the telephone
bill for products or services not in compliance with this

Section or by the Commission on its own motion. Upon filing of
the complaint, the parties may mutually agree to submit the
complaint to the Commission's established mediation process.
Remedies in the mediation process may include, but shall not be
limited to, the remedies set forth in paragraphs (1) through
(4) of this subsection. In its discretion, the Commission may
deny the availability of the mediation process and submit the
complaint to hearings. If the complaint is not submitted to
mediation or if no agreement is reached during the mediation
process, hearings shall be held on the complaint pursuant to
Article X 10 of this Act. If after notice and hearing, the
Commission finds that a telecommunications carrier has
violated this Section or a rule promulgated under this Section,
the Commission may in its discretion order any one or more of
the following:
(1) Require the violating telecommunications carrier
to pay a fine of up to $1,000 into the Public Utility Fund
for each repeated and intentional violation of this
Section.
(2) Require the violating carrier to refund or cancel
all charges for products or services not billed in
compliance with this Section.
(3) Issue a cease and desist order.
(4) For a pattern of violation of this Section or for
intentionally violating a cease and desist order, revoke
the violating telecommunications carrier's certificate of

service authority.
(Source: P.A. 92-22, eff. 6-30-01; revised 11-12-13.)
(220 ILCS 5/21-401)
(Section scheduled to be repealed on July 1, 2015)
Sec. 21-401. Applications.
(a)(1) A person or entity seeking to provide cable service
or video service pursuant to this Article shall not use the
public rights-of-way for the installation or construction of
facilities for the provision of cable service or video service
or offer cable service or video service until it has obtained a
State-issued authorization to offer or provide cable or video
service under this Section, except as provided for in item (2)
of this subsection (a). All cable or video providers offering
or providing service in this State shall have authorization
pursuant to either (i) the Cable and Video Competition Law of
2007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the
Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section
5-1095 of the Counties Code (55 ILCS 5/5-1095).
(2) Nothing in this Section shall prohibit a local unit of
government from granting a permit to a person or entity for the
use of the public rights-of-way to install or construct
facilities to provide cable service or video service, at its
sole discretion. No unit of local government shall be liable
for denial or delay of a permit prior to the issuance of a
State-issued authorization.

(b) The application to the Commission for State-issued
authorization shall contain a completed affidavit submitted by
the applicant and signed by an officer or general partner of
the applicant affirming all of the following:
(1) That the applicant has filed or will timely file
with the Federal Communications Commission all forms
required by that agency in advance of offering cable
service or video service in this State.
(2) That the applicant agrees to comply with all
applicable federal and State statutes and regulations.
(3) That the applicant agrees to comply with all
applicable local unit of government regulations.
(4) An exact description of the cable service or video
service area where the cable service or video service will
be offered during the term of the State-issued
authorization. The service area shall be identified in
terms of either (i) exchanges, as that term is defined in
Section 13-206 of this Act; (ii) a collection of United
States Census Bureau Block numbers (13 digit); (iii) if the
area is smaller than the areas identified in either (i) or
(ii), by geographic information system digital boundaries
meeting or exceeding national map accuracy standards; or
(iv) local unit of government. The description shall
include the number of low-income households within the
service area or footprint. If an applicant is a an
incumbent cable operator, the incumbent cable operator and

any successor-in-interest shall be obligated to provide
access to cable services or video services within any local
units of government at the same levels required by the
local franchising authorities for the local unit of
government on June 30, 2007 (the effective date of Public
Act 95-9), and its application shall provide a description
of an area no smaller than the service areas contained in
its franchise or franchises within the jurisdiction of the
local unit of government in which it seeks to offer cable
or video service.
(5) The location and telephone number of the
applicant's principal place of business within this State
and the names of the applicant's principal executive
officers who are responsible for communications concerning
the application and the services to be offered pursuant to
the application, the applicant's legal name, and any name
or names under which the applicant does or will provide
cable services or video services in this State.
(6) A certification that the applicant has
concurrently delivered a copy of the application to all
local units of government that include all or any part of
the service area identified in item (4) of this subsection
(b) within such local unit of government's jurisdictional
boundaries.
(7) The expected date that cable service or video
service will be initially offered in the area identified in

item (4) of this subsection (b). In the event that a holder
does not offer cable services or video services within 3
months after the expected date, it shall amend its
application and update the expected date service will be
offered and explain the delay in offering cable services or
video services.
(8) For any entity that received State-issued
authorization prior to this amendatory Act of the 98th
General Assembly as a cable operator and that intends to
proceed as a cable operator under this Article, the entity
shall file a written affidavit with the Commission and
shall serve a copy of the affidavit with any local units of
government affected by the authorization within 30 days
after the effective date of this amendatory Act of the 98th
General Assembly stating that the holder will be providing
cable service under the State-issued authorization.
The application shall include adequate assurance that the
applicant possesses the financial, managerial, legal, and
technical qualifications necessary to construct and operate
the proposed system, to promptly repair any damage to the
public right-of-way caused by the applicant, and to pay the
cost of removal of its facilities. To accomplish these
requirements, the applicant may, at the time the applicant
seeks to use the public rights-of-way in that jurisdiction, be
required by the State of Illinois or later be required by the
local unit of government, or both, to post a bond, produce a

certificate of insurance, or otherwise demonstrate its
financial responsibility.
The application shall include the applicant's general
standards related to customer service required by Section
22-501 of this Act, which shall include, but not be limited to,
installation, disconnection, service and repair obligations;
appointment hours; employee ID requirements; customer service
telephone numbers and hours; procedures for billing, charges,
deposits, refunds, and credits; procedures for termination of
service; notice of deletion of programming service and changes
related to transmission of programming or changes or increases
in rates; use and availability of parental control or lock-out
devices; complaint procedures and procedures for bill dispute
resolution and a description of the rights and remedies
available to consumers if the holder does not materially meet
their customer service standards; and special services for
customers with visual, hearing, or mobility disabilities.
(c)(1) The applicant may designate information that it
submits in its application or subsequent reports as
confidential or proprietary, provided that the applicant
states the reasons the confidential designation is necessary.
The Commission shall provide adequate protection for such
information pursuant to Section 4-404 of this Act. If the
Commission, a local unit of government, or any other party
seeks public disclosure of information designated as
confidential, the Commission shall consider the confidential

designation in a proceeding under the Illinois Administrative
Procedure Act, and the burden of proof to demonstrate that the
designated information is confidential shall be upon the
applicant. Designated information shall remain confidential
pending the Commission's determination of whether the
information is entitled to confidential treatment. Information
designated as confidential shall be provided to local units of
government for purposes of assessing compliance with this
Article as permitted under a Protective Order issued by the
Commission pursuant to the Commission's rules and to the
Attorney General pursuant to Section 6.5 of the Attorney
General Act (15 ILCS 205/6.5). Information designated as
confidential under this Section or determined to be
confidential upon Commission review shall only be disclosed
pursuant to a valid and enforceable subpoena or court order or
as required by the Freedom of Information Act. Nothing herein
shall delay the application approval timeframes set forth in
this Article.
(2) Information regarding the location of video services
that have been or are being offered to the public and aggregate
information included in the reports required by this Article
shall not be designated or treated as confidential.
(d)(1) The Commission shall post all applications it
receives under this Article on its web site within 5 business
days.
(2) The Commission shall notify an applicant for a cable

service or video service authorization whether the applicant's
application and affidavit are complete on or before the 15th
business day after the applicant submits the application. If
the application and affidavit are not complete, the Commission
shall state in its notice all of the reasons the application or
affidavit are incomplete, and the applicant shall resubmit a
complete application. The Commission shall have 30 days after
submission by the applicant of a complete application and
affidavit to issue the service authorization. If the Commission
does not notify the applicant regarding the completeness of the
application and affidavit or issue the service authorization
within the time periods required under this subsection, the
application and affidavit shall be considered complete and the
service authorization issued upon the expiration of the 30th
day.
(e) Any authorization issued by the Commission will expire
on December 31, 2015 and shall contain or include all of the
following:
(1) A grant of authority, including an authorization
issued prior to this amendatory Act of the 98th General
Assembly, to provide cable service or video service in the
service area footprint as requested in the application,
subject to the provisions of this Article in existence on
the date the grant of authority was issued, and any
modifications to this Article enacted at any time prior to
the date in Section 21-1601 of this Act, and to the laws of

the State and the ordinances, rules, and regulations of the
local units of government.
(2) A grant of authority to use, occupy, and construct
facilities in the public rights-of-way for the delivery of
cable service or video service in the service area
footprint, subject to the laws, ordinances, rules, or
regulations of this State and local units of governments.
(3) A statement that the grant of authority is subject
to lawful operation of the cable service or video service
by the applicant, its affiliated entities, or its
successors-in-interest.
(4) The Commission shall notify a local unit of
government within 3 business days of the grant of any
authorization within a service area footprint if that
authorization includes any part of the local unit of
government's jurisdictional boundaries and state whether
the holder will be providing video service or cable service
under the authorization.
(f) The authorization issued pursuant to this Section by
the Commission may be transferred to any successor-in-interest
to the applicant to which it is initially granted without
further Commission action if the successor-in-interest (i)
submits an application and the information required by
subsection (b) of this Section for the successor-in-interest
and (ii) is not in violation of this Article or of any federal,
State, or local law, ordinance, rule, or regulation. A

successor-in-interest shall file its application and notice of
transfer with the Commission and the relevant local units of
government no less than 15 business days prior to the
completion of the transfer. The Commission is not required or
authorized to act upon the notice of transfer; however, the
transfer is not effective until the Commission approves the
successor-in-interest's application. A local unit of
government or the Attorney General may seek to bar a transfer
of ownership by filing suit in a court of competent
jurisdiction predicated on the existence of a material and
continuing breach of this Article by the holder, a pattern of
noncompliance with customer service standards by the potential
successor-in-interest, or the insolvency of the potential
successor-in-interest. If a transfer is made when there are
violations of this Article or of any federal, State, or local
law, ordinance, rule, or regulation, the successor-in-interest
shall be subject to 3 times the penalties provided for in this
Article.
(g) The authorization issued pursuant to Section 21-401 of
this Article by the Commission may be terminated, or its cable
service or video service area footprint may be modified, by the
cable service provider or video service provider by submitting
notice to the Commission and to the relevant local unit of
government containing a description of the change on the same
terms as the initial description pursuant to item (4) of
subsection (b) of this Section. The Commission is not required

or authorized to act upon that notice. It shall be a violation
of this Article for a holder to discriminate against potential
residential subscribers because of the race or income of the
residents in the local area in which the group resides by
terminating or modifying its cable service or video service
area footprint. It shall be a violation of this Article for a
holder to terminate or modify its cable service or video
service area footprint if it leaves an area with no cable
service or video service from any provider.
(h) The Commission's authority to administer this Article
is limited to the powers and duties explicitly provided under
this Article. Its authority under this Article does not include
or limit the powers and duties that the Commission has under
the other Articles of this Act, the Illinois Administrative
Procedure Act, or any other law or regulation to conduct
proceedings, other than as provided in subsection (c), or has
to promulgate rules or regulations. The Commission shall not
have the authority to limit or expand the obligations and
requirements provided in this Section or to regulate or control
a person or entity to the extent that person or entity is
providing cable service or video service, except as provided in
this Article.
(Source: P.A. 98-45, eff. 6-28-13; revised 11-12-13.)
Section 370. The Illinois Gas Pipeline Safety Act is
amended by changing Section 2 as follows:

(220 ILCS 20/2) (from Ch. 111 2/3, par. 552)
Sec. 2. As used in this Act, unless the context, otherwise
requires, the terms specified in the Sections following this
Section and preceding Section 3 Sections 2.01 through 2.07 have
the meanings ascribed to them in those Sections.
(Source: P.A. 76-1588; revised 11-14-13.)
Section 375. The Child Care Act of 1969 is amended by
changing Section 2 as follows:
(225 ILCS 10/2) (from Ch. 23, par. 2212)
Sec. 2. Terms used in this Act, unless the context
otherwise requires, have the meanings ascribed to them in the
Sections following this Section and preceding Section 3
Sections 2.01 through 2.27.
(Source: P.A. 94-586, eff. 8-15-05; revised 11-14-13.)
Section 380. The Clinical Social Work and Social Work
Practice Act is amended by changing Section 19 as follows:
(225 ILCS 20/19) (from Ch. 111, par. 6369)
(Section scheduled to be repealed on January 1, 2018)
Sec. 19. Grounds for disciplinary action.
(1) The Department may refuse to issue, refuse to renew,
suspend, or revoke any license, or may place on probation,

censure, reprimand, or take other disciplinary or
non-disciplinary action deemed appropriate by the Department,
including the imposition of fines not to exceed $10,000 for
each violation, with regard to any license issued under the
provisions of this Act for any one or a combination of the
following reasons:
(a) material misstatements of fact in furnishing
information to the Department or to any other State agency
or in furnishing information to any insurance company with
respect to a claim on behalf of a licensee or a patient;
(b) violations or negligent or intentional disregard
of this Act, or any of the rules promulgated hereunder;
(c) conviction of or entry of a plea of guilty or nolo
contendere to any crime that is a felony under the laws of
the United States or any state or territory thereof or that
is a misdemeanor, of which an essential element is
dishonesty, or any crime that is directly related to the
practice of the clinical social work or social work
professions;
(d) making any misrepresentation for the purpose of
obtaining licenses, or violating any provision of this Act
or any of the rules promulgated hereunder;
(e) professional incompetence;
(f) malpractice;
(g) aiding or assisting another person in violating any
provision of or this Act or any rules;

(h) failing to provide information within 30 days in
response to a written request made by the Department;
(i) engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public as defined by the rules of the
Department, or violating the rules of professional conduct
adopted by the Board and published by the Department;
(j) habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in a clinical social worker's or social
worker's inability to practice with reasonable judgment,
skill, or safety;
(k) discipline by another jurisdiction, if at least one
of the grounds for the discipline is the same or
substantially equivalent to those set forth in this
Section;
(l) 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 service not actually rendered.
Nothing in this paragraph (l) 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 (l) shall be construed to require
an employment arrangement to receive professional fees for
services rendered;
(m) a finding by the Board that the licensee, after
having the license placed on probationary status, has
violated the terms of probation;
(n) abandonment, without cause, of a client;
(o) wilfully filing false reports relating to a
licensee's practice, including but not limited to false
records filed with Federal or State agencies or
departments;
(p) wilfully failing to report an instance of suspected
child abuse or neglect as required by the Abused and
Neglected Child Reporting Act;
(q) 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 or failed to take reasonable steps to prevent
a child from being an abused child or neglected child as
defined in the Abused and Neglected Child Reporting Act;
(r) physical illness, mental illness, or any other
impairment or disability, including, but not limited to,
deterioration through the aging process, or loss of motor

skills that results in the inability to practice the
profession with reasonable judgment, skill or safety;
(s) solicitation of professional services by using
false or misleading advertising; or
(t) violation of the Health Care Worker Self-Referral
Act.
(2) (Blank).
(3) The determination by a court that a licensee is subject
to involuntary admission or judicial admission as provided in
the Mental Health and Developmental Disabilities Code, will
result in an automatic suspension of his license. Such
suspension will end upon a finding by a court that the licensee
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 professional
practice.
(4) The Department may refuse to issue or renew or may
suspend the license of a person who (i) fails to file a return,
pay the tax, penalty, or interest shown in a filed return, or
pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until the requirements of the tax Act are satisfied or
(ii) has failed to pay any court-ordered child support as
determined by a court order or by referral from the Department
of Healthcare and Family Services.

(5) In enforcing this Section, the Board upon a showing of
a possible violation may compel a person licensed to practice
under this Act, or who has applied for licensure or
certification pursuant to this Act, to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The examining physicians shall be
those specifically designated by the Board. The Board or the
Department may order the examining physician to present
testimony concerning this 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 person 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
person to submit to a mental or physical examination, when
directed, shall be grounds for suspension of a license until
the person submits to the examination if the Board finds, after
notice and hearing, that the refusal to submit to the
examination was without reasonable cause.
If the Board finds a person unable to practice because of
the reasons set forth in this Section, the Board may require
that person to submit to care, counseling, or treatment by
physicians approved or designated by the Board, as a condition,
term, or restriction for continued, reinstated, or renewed
licensure to practice; or, in lieu of care, counseling or

treatment, the Board may recommend to the Department to file a
complaint to immediately suspend, revoke or otherwise
discipline the license of the person. Any person 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 person shall have his or her
license suspended immediately, pending a hearing by the Board.
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 Board within 30 days after the
suspension and completed without appreciable delay. The Board
shall have the authority to review the subject person'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.
A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to the
Board that he or she can resume practice in compliance with
acceptable and prevailing standards under the provisions of his
or her license.
(Source: P.A. 95-687, eff. 10-23-07; 96-1482, eff. 11-29-10;
revised 11-14-13.)

Section 385. The Illinois Dental Practice Act is amended by
changing Section 17 as follows:
(225 ILCS 25/17) (from Ch. 111, par. 2317)
(Section scheduled to be repealed on January 1, 2016)
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 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 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.
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 by dental assistants who have had
additional formal education and certification as
determined by the Department. 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.
(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 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.
The limitations on the number of dental assistants a
dentist may supervise contained in items (2), (4), and (7)
of this paragraph (g) Section mean a limit of 4 total
dental assistants or dental hygienists doing expanded
functions covered by these Sections being supervised by one
dentist.
(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. 97-526, eff. 1-1-12; 97-886, eff. 8-2-12;
97-1013, eff. 8-17-12; 98-147, eff. 1-1-14; 98-463, eff.
8-16-13; revised 11-14-13.)
Section 390. The Dietitian Nutritionist Practice Act is
amended by changing Section 95 as follows:
(225 ILCS 30/95) (from Ch. 111, par. 8401-95)
(Section scheduled to be repealed on January 1, 2023)
Sec. 95. Grounds for discipline.
(1) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$10,000 for each violation, with regard to any license or
certificate for any one or combination of the following causes:
(a) Material misstatement in furnishing information to
the Department.
(b) Violations of this Act or of rules adopted under

this Act.
(c) 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.
(d) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act.
(e) Professional incompetence or gross negligence.
(f) Malpractice.
(g) Aiding or assisting another person in violating any
provision of this Act or its rules.
(h) Failing to provide information within 60 days in
response to a written request made by the Department.
(i) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(j) Habitual or excessive use or abuse of drugs defined
in law as controlled substances, alcohol, or any other
substance that results in the inability to practice with
reasonable judgment, skill, or safety.

(k) Discipline by another state, the District of
Columbia, territory, country, or governmental agency if at
least one of the grounds for the discipline is the same or
substantially equivalent to those set forth in this Act.
(l) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered. Nothing in this
paragraph (1) 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 (1) shall be construed to require
an employment arrangement to receive professional fees for
services rendered.
(m) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(n) 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.
(o) Allowing one's license under this Act to be used by
an unlicensed person in violation of this Act.

(p) Practicing under a false or, except as provided by
law, an assumed name.
(q) Gross and willful overcharging for professional
services.
(r) (Blank).
(s) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(t) Cheating on or attempting to subvert a licensing
examination administered under this Act.
(u) Mental illness or disability that results in the
inability to practice under this Act with reasonable
judgment, skill, or safety.
(v) Physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill that results in a licensee's inability to practice
under this Act with reasonable judgment, skill, or safety.
(w) Advising an individual to discontinue, reduce,
increase, or otherwise alter the intake of a drug
prescribed by a physician licensed to practice medicine in
all its branches or by a prescriber as defined in Section
102 of the Illinois Controlled Substances Substance Act.
(2) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a
return, or pay the tax, penalty, or interest shown in a filed

return, or 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 in accordance
with subsection (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(3) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 2105-15 of the Civil Administrative Code of
Illinois.
(4) In cases where the Department of Healthcare and Family
Services has previously determined 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 may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with item (5) of
subsection (a) of Section 2105-15 1205-15 of the Civil
Administrative Code of Illinois.
(5) 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 shall
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of an order so finding and discharging the
patient.
(6) 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. The examination shall be performed by a physician
licensed to practice medicine in all its branches. Failure of
an individual to submit to a mental or physical examination,
when directed, shall result in an automatic suspension without
hearing.
A person holding a license under this Act or who has

applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited to,
deterioration through the aging process or loss of motor skill,
is unable to practice the profession with reasonable judgment,
skill, or safety, may be required by the Department 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. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, then the Department may file a
complaint to revoke, suspend, or otherwise discipline the
license of the individual. The Secretary may order the license
suspended immediately, pending a hearing by the Department.
Fines shall not be assessed in disciplinary actions involving
physical or mental illness or impairment.
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 15 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.
(Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13;
revised 11-14-13.)
Section 395. The Funeral Directors and Embalmers Licensing
Code is amended by changing Sections 5-5, 10-5, and 15-75 as
follows:
(225 ILCS 41/5-5)
(Section scheduled to be repealed on January 1, 2023)
Sec. 5-5. License requirement. It is unlawful for any
person to practice, or to attempt to practice, funeral
directing without a license as a funeral director issued by the
Department.
No person shall practice funeral directing unless he or she
is they are employed by or contracted with a fixed place of
practice or establishment devoted to the care and preparation
for burial or for the transportation of deceased human bodies.
No person shall practice funeral directing independently
at the fixed place of practice or establishment of another
licensee unless that person's name is published and displayed

at all times in connection therewith.
(Source: P.A. 97-1130, eff. 8-28-12; revised 11-14-13.)
(225 ILCS 41/10-5)
(Section scheduled to be repealed on January 1, 2023)
Sec. 10-5. License requirement. It is unlawful for any
person to practice or attempt to practice funeral directing and
embalming without being licensed by the Department.
No person shall practice funeral directing and embalming
unless he or she is they are employed by or contracted with a
fixed place of practice or establishment devoted to the care
and preparation for burial or for the transportation of
deceased human bodies.
No person shall practice funeral directing and embalming
independently at the fixed place of practice or establishment
of another licensee unless his or her name shall be published
and displayed at all times in connection therewith.
No licensed intern shall independently practice funeral
directing and embalming; however, a licensed funeral director
and embalmer intern may under the immediate personal
supervision of a licensed funeral director and embalmer assist
a licensed funeral director and embalmer in the practice of
funeral directing and embalming.
No person shall practice as a funeral director and embalmer
intern unless he or she possesses a valid license in good
standing to do so in the State of Illinois.

(Source: P.A. 97-1130, eff. 8-28-12; revised 11-14-13.)
(225 ILCS 41/15-75)
(Section scheduled to be repealed on January 1, 2023)
Sec. 15-75. Violations; grounds for discipline; penalties.
(a) Each of the following acts is a Class A misdemeanor for
the first offense, and a Class 4 felony for each subsequent
offense. These penalties shall also apply to unlicensed owners
of funeral homes.
(1) Practicing the profession of funeral directing and
embalming or funeral directing, or attempting to practice
the profession of funeral directing and embalming or
funeral directing without a license as a funeral director
and embalmer or funeral director.
(2) Serving or attempting to serve as an intern under a
licensed funeral director and embalmer without a license as
a licensed funeral director and embalmer intern.
(3) Obtaining or attempting to obtain a license,
practice or business, or any other thing of value, by fraud
or misrepresentation.
(4) Permitting any person in one's employ, under one's
control or in or under one's service to serve as a funeral
director and embalmer, funeral director, or funeral
director and embalmer intern when the person does not have
the appropriate license.
(5) Failing to display a license as required by this

Code.
(6) Giving false information or making a false oath or
affidavit required by this Code.
(b) The Department may refuse to issue or renew, revoke,
suspend, place on probation or administrative supervision,
reprimand, or take other disciplinary or non-disciplinary
action as the Department may deem appropriate, including
imposing fines not to exceed $10,000 for each violation, with
regard to any license under the Code for any one or combination
of the following:
(1) Fraud or any misrepresentation in applying for or
procuring a license under this Code or in connection with
applying for renewal of a license under this Code.
(2) 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.
(3) Violation of the laws of this State relating to the
funeral, burial or disposition of deceased human bodies or
of the rules and regulations of the Department, or the
Department of Public Health.

(4) Directly or indirectly paying or causing to be paid
any sum of money or other valuable consideration for the
securing of business or for obtaining authority to dispose
of any deceased human body.
(5) Professional incompetence, gross negligence,
malpractice, or untrustworthiness in the practice of
funeral directing and embalming or funeral directing.
(6) (Blank).
(7) Engaging in, promoting, selling, or issuing burial
contracts, burial certificates, or burial insurance
policies in connection with the profession as a funeral
director and embalmer, funeral director, or funeral
director and embalmer intern in violation of any laws of
the State of Illinois.
(8) Refusing, without cause, to surrender the custody
of a deceased human body upon the proper request of the
person or persons lawfully entitled to the custody of the
body.
(9) Taking undue advantage of a client or clients as to
amount to the perpetration of fraud.
(10) Engaging in funeral directing and embalming or
funeral directing without a license.
(11) Encouraging, requesting, or suggesting by a
licensee or some person working on his behalf and with his
consent for compensation that a person utilize the services
of a certain funeral director and embalmer, funeral

director, or funeral establishment unless that information
has been expressly requested by the person. This does not
prohibit general advertising or pre-need solicitation.
(12) Making or causing to be made any false or
misleading statements about the laws concerning the
disposition of human remains, including, but not limited
to, the need to embalm, the need for a casket for cremation
or the need for an outer burial container.
(13) (Blank).
(14) Embalming or attempting to embalm a deceased human
body without express prior authorization of the person
responsible for making the funeral arrangements for the
body. This does not apply to cases where embalming is
directed by local authorities who have jurisdiction or when
embalming is required by State or local law. A licensee may
embalm without express prior authorization if a good faith
effort has been made to contact family members and has been
unsuccessful and the licensee has no reason to believe the
family opposes embalming.
(15) Making a false statement on a Certificate of Death
where the person making the statement knew or should have
known that the statement was false.
(16) Soliciting human bodies after death or while death
is imminent.
(17) Performing any act or practice that is a violation
of this Code, the rules for the administration of this

Code, or any federal, State or local laws, rules, or
regulations governing the practice of funeral directing or
embalming.
(18) Performing any act or practice that is a violation
of Section 2 of the Consumer Fraud and Deceptive Business
Practices Act.
(19) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(20) Taking possession of a dead human body without
having first obtained express permission from the person
holding the right to control the disposition in accordance
with Section 5 of the Disposition of Remains Act or a
public agency legally authorized to direct, control or
permit the removal of deceased human bodies.
(21) Advertising in a false or misleading manner or
advertising using the name of an unlicensed person in
connection with any service being rendered in the practice
of funeral directing or funeral directing and embalming.
The use of any name of an unlicensed or unregistered person
in an advertisement so as to imply that the person will
perform services is considered misleading advertising.
Nothing in this paragraph shall prevent including the name
of any owner, officer or corporate director of a funeral
home, who is not a licensee, in any advertisement used by a
funeral home with which the individual is affiliated, if

the advertisement specifies the individual's affiliation
with the funeral home.
(22) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered.
(23) Failing to account for or remit any monies,
documents, or personal property that belongs to others that
comes into a licensee's possession.
(24) Treating any person differently to his detriment
because of race, color, creed, gender, religion, or
national origin.
(25) Knowingly making any false statements, oral or
otherwise, of a character likely to influence, persuade or
induce others in the course of performing professional
services or activities.
(26) Willfully making or filing false records or
reports in the practice of funeral directing and embalming,
including, but not limited to, false records filed with
State agencies or departments.
(27) Failing to acquire continuing education required
under this Code.
(28) (Blank).
(29) Aiding or assisting another person in violating
any provision of this Code or rules adopted pursuant to
this Code.
(30) Failing within 10 days, to provide information in

response to a written request made by the Department.
(31) Discipline by another state, District of
Columbia, territory, foreign nation, or governmental
agency, if at least one of the grounds for the discipline
is the same or substantially equivalent to those set forth
in this Section.
(32) (Blank).
(33) Mental illness or disability which results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(34) Gross, willful, or continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not rendered.
(35) Physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill which results in a licensee's inability to practice
under this Code with reasonable judgment, skill, or safety.
(36) Failing to comply with any of the following
required activities:
(A) When reasonably possible, a funeral director
licensee or funeral director and embalmer licensee or
anyone acting on his or her behalf shall obtain the
express authorization of the person or persons
responsible for making the funeral arrangements for a
deceased human body prior to removing a body from the
place of death or any place it may be or embalming or

attempting to embalm a deceased human body, unless
required by State or local law. This requirement is
waived whenever removal or embalming is directed by
local authorities who have jurisdiction. If the
responsibility for the handling of the remains
lawfully falls under the jurisdiction of a public
agency, then the regulations of the public agency shall
prevail.
(B) A licensee shall clearly mark the price of any
casket offered for sale or the price of any service
using the casket on or in the casket if the casket is
displayed at the funeral establishment. If the casket
is displayed at any other location, regardless of
whether the licensee is in control of that location,
the casket shall be clearly marked and the registrant
shall use books, catalogues, brochures, or other
printed display aids to show the price of each casket
or service.
(C) At the time funeral arrangements are made and
prior to rendering the funeral services, a licensee
shall furnish a written statement of services to be
retained by the person or persons making the funeral
arrangements, signed by both parties, that shall
contain: (i) the name, address and telephone number of
the funeral establishment and the date on which the
arrangements were made; (ii) the price of the service

selected and the services and merchandise included for
that price; (iii) a clear disclosure that the person or
persons making the arrangement may decline and receive
credit for any service or merchandise not desired and
not required by law or the funeral director or the
funeral director and embalmer; (iv) the supplemental
items of service and merchandise requested and the
price of each item; (v) the terms or method of payment
agreed upon; and (vi) a statement as to any monetary
advances made by the registrant on behalf of the
family. The licensee shall maintain a copy of the
written statement of services in its permanent
records. All written statements of services are
subject to inspection by the Department.
(D) In all instances where the place of final
disposition of a deceased human body or the cremated
remains of a deceased human body is a cemetery, the
licensed funeral director and embalmer, or licensed
funeral director, who has been engaged to provide
funeral or embalming services shall remain at the
cemetery and personally witness the placement of the
human remains in their designated grave or the sealing
of the above ground depository, crypt, or urn. The
licensed funeral director or licensed funeral director
and embalmer may designate a licensed funeral director
and embalmer intern or representative of the funeral

home to be his or her witness to the placement of the
remains. If the cemetery authority, cemetery manager,
or any other agent of the cemetery takes any action
that prevents compliance with this paragraph (D), then
the funeral director and embalmer or funeral director
shall provide written notice to the Department within 5
business days after failing to comply. If the
Department receives this notice, then the Department
shall not take any disciplinary action against the
funeral director and embalmer or funeral director for a
violation of this paragraph (D) unless the Department
finds that the cemetery authority, manager, or any
other agent of the cemetery did not prevent the funeral
director and embalmer or funeral director from
complying with this paragraph (D) as claimed in the
written notice.
(E) A funeral director or funeral director and
embalmer shall fully complete the portion of the
Certificate of Death under the responsibility of the
funeral director or funeral director and embalmer and
provide all required information. In the event that any
reported information subsequently changes or proves
incorrect, a funeral director or funeral director and
embalmer shall immediately upon learning the correct
information correct the Certificate of Death.
(37) A finding by the Department that the license,

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.
(38) (Blank).
(39) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act
and, upon proof by clear and convincing evidence, being
found to have caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(40) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any
other substance which results in the inability to practice
with reasonable judgment, skill, or safety.
(41) Practicing under a false or, except as provided by
law, an assumed name.
(42) Cheating on or attempting to subvert the licensing
examination administered under this Code.
(c) The Department may refuse to issue or renew or may
suspend without a hearing, as provided for in the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois, the license of any person who fails 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 Illinois Department
of Revenue, until the time as 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.
(d) No action may be taken under this Code against a person
licensed under this Code unless the action is commenced within
5 years after the occurrence of the alleged violations. A
continuing violation shall be deemed to have occurred on the
date when the circumstances last existed that give rise to the
alleged violation.
(e) Nothing in this Section shall be construed or enforced
to give a funeral director and embalmer, or his or her
designees, authority over the operation of a cemetery or over
cemetery employees. Nothing in this Section shall be construed
or enforced to impose duties or penalties on cemeteries with
respect to the timing of the placement of human remains in
their designated grave or the sealing of the above ground
depository, crypt, or urn due to patron safety, the allocation
of cemetery staffing, liability insurance, a collective
bargaining agreement, or other such reasons.
(f) All fines imposed under this Section shall be paid 60
days after the effective date of the order imposing the fine.
(g) The Department shall deny a license or renewal
authorized by this Code to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) (g) of Section 2105-15 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois.
(h) In cases where the Department of Healthcare and Family
Services has previously determined 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 may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with item (5) of
subsection (a) (g) of Section 2105-15 1205-15 of the Department
of Professional Regulation Law of the Civil Administrative Code
of Illinois.
(i) A person not licensed under this Code who is an owner
of a funeral establishment or funeral business shall not aid,
abet, assist, procure, advise, employ, or contract with any
unlicensed person to offer funeral services or aid, abet,
assist, or direct any licensed person contrary to or in
violation of any rules or provisions of this Code. A person
violating this subsection shall be treated as a licensee for
the purposes of disciplinary action under this Section and
shall be subject to cease and desist orders as provided in this
Code, the imposition of a fine up to $10,000 for each violation

and any other penalty provided by law.
(j) 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 may 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.
(k) In enforcing this Code, the Department, upon a showing
of a possible violation, may compel an individual licensed to
practice under this Code, or who has applied for licensure
under this Code, 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 physician 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. The examination shall be performed by a physician

licensed to practice medicine in all its branches. Failure of
an individual to submit to a mental or physical examination,
when directed, shall result in an automatic suspension without
hearing.
A person holding a license under this Code or who has
applied for a license under this Code who, because of a
physical or mental illness or disability, including, but not
limited to, deterioration through the aging process or loss of
motor skill, is unable to practice the profession with
reasonable judgment, skill, or safety, may be required by the
Department 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. Submission to care, counseling,
or treatment as required by the Department shall not be
considered discipline of a license. If the licensee refuses to
enter into a care, counseling, or treatment agreement or fails
to abide by the terms of the agreement, the Department may file
a complaint to revoke, suspend, or otherwise discipline the
license of the individual. The Secretary may order the license
suspended immediately, pending a hearing by the Department.
Fines shall not be assessed in disciplinary actions involving
physical or mental illness or impairment.
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 15 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 Code 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.
(Source: P.A. 96-863, eff. 3-1-10; 96-1463, eff. 1-1-11;
97-1130, eff. 8-28-12; revised 11-14-13.)
Section 400. The Health Care Worker Background Check Act is
amended by changing Section 70 as follows:
(225 ILCS 46/70)
Sec. 70. Centers for Medicare and Medicaid Services (CMMS)
grant.
(a) In this Section:
"Centers for Medicare and Medicaid Services (CMMS) grant"
means the grant awarded to and distributed by the Department of
Public Health to enhance the conduct of criminal history
records checks of certain health care employees. The CMMS grant
is authorized by Section 307 of the federal Medicare

Prescription Drug, Improvement, and Modernization Act of 2003,
which establishes the framework for a program to evaluate
national and state background checks on prospective employees
with direct access to patients of long-term care facilities or
providers.
"Selected health care employer" means any of the following
selected to participate in the CMMS grant:
(1) a community living facility as defined in the
Community Living Facility Act;
(2) a long-term care facility as defined in the Nursing
Home Care Act;
(3) a home health agency as defined in the Home Health,
Home Services, and Home Nursing Agency Licensing Act;
(4) a full hospice as defined in the Hospice Licensing
Act;
(5) an establishment licensed under the Assisted
Living and Shared Housing Act;
(6) a supportive living facility as defined in the
Illinois Public Aid Code;
(7) a day training program certified by the Department
of Human Services;
(8) a community integrated living arrangement operated
by a community mental health and developmental service
agency as defined in the Community-Integrated Community
Integrated Living Arrangements Licensing and Certification
Act; or

(9) a long-term care hospital or hospital with swing
beds.
(b) Selected health care employers shall be phased in to
participate in the CMMS grant between January 1, 2006 and
January 1, 2007, as prescribed by the Department of Public
Health by rule.
(c) With regards to individuals hired on or after January
1, 2006 who have direct access to residents, patients, or
clients of the selected health care employer, selected health
care employers must comply with Section 25 of this Act.
"Individuals who have direct access" includes, but is not
limited to, (i) direct care workers as described in subsection
(a) of Section 25; (ii) individuals licensed by the Department
of Financial and Professional Regulation, such as nurses,
social workers, physical therapists, occupational therapists,
and pharmacists; (iii) individuals who provide services on
site, through contract; and (iv) non-direct care workers, such
as those who work in environmental services, food service, and
administration.
"Individuals who have direct access" does not include
physicians or volunteers.
The Department of Public Health may further define
"individuals who have direct access" by rule.
(d) Each applicant seeking employment in a position
described in subsection (c) of this Section with a selected
health care employer shall, as a condition of employment, have

his or her fingerprints submitted to the Department of State
Police in an electronic format that complies with the form and
manner for requesting and furnishing criminal history record
information by the Department of State Police and the Federal
Bureau of Investigation criminal history record databases now
and hereafter filed. The Department of State Police shall
forward the fingerprints to the Federal Bureau of Investigation
for a national criminal history records check. The Department
of State Police shall charge a fee for conducting the criminal
history records check, which shall not exceed the actual cost
of the records check and shall be deposited into the State
Police Services Fund. The Department of State Police shall
furnish, pursuant to positive identification, records of
Illinois convictions to the Department of Public Health.
(e) A selected health care employer who makes a conditional
offer of employment to an applicant shall:
(1) ensure that the applicant has complied with the
fingerprinting requirements of this Section;
(2) complete documentation relating to any criminal
history record, as revealed by the applicant, as prescribed
by rule by the Department of Public Health;
(3) complete documentation of the applicant's personal
identifiers as prescribed by rule by the Department of
Public Health; and
(4) provide supervision, as prescribed by rule by the
licensing agency, if the applicant is hired and allowed to

work prior to the results of the criminal history records
check being obtained.
(f) A selected health care employer having actual knowledge
from a source that an individual with direct access to a
resident, patient, or client has been convicted of committing
or attempting to commit one of the offenses enumerated in
Section 25 of this Act shall contact the licensing agency or
follow other instructions as prescribed by administrative
rule.
(g) A fingerprint-based criminal history records check
submitted in accordance with subsection (d) of this Section
must be submitted as a fee applicant inquiry in the form and
manner prescribed by the Department of State Police.
(h) This Section shall be inapplicable upon the conclusion
of the CMMS grant.
(Source: P.A. 94-665, eff. 1-1-06; 94-931, eff. 6-26-06;
95-331, eff. 8-21-07; revised 11-14-13.)
Section 405. The Hearing Instrument Consumer Protection
Act is amended by changing Section 31 as follows:
(225 ILCS 50/31) (from Ch. 111, par. 7431)
(Section scheduled to be repealed on January 1, 2016)
Sec. 31. The provisions of "The Illinois Administrative
Procedure Act", approved September 22, 1975, as amended, shall
apply to this Act. All final administrative decisions of the

Department are subject to judicial review pursuant to the
provisions of Article III 3 of the "Code of Civil Procedure",
approved August 19, 1981, as amended. Any circuit court, upon
the application of the licensee or the Department, may order
the attendance of witnesses and the production of relevant
records in any Departmental hearing relative to the application
for or refusal, recall, suspension or revocation of a license.
(Source: P.A. 86-800; revised 11-14-13.)
Section 410. The Massage Licensing Act is amended by
changing Section 45 as follows:
(225 ILCS 57/45)
(Section scheduled to be repealed on January 1, 2022)
Sec. 45. Grounds for discipline.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action, as the Department
considers appropriate, including the imposition of fines not to
exceed $10,000 for each violation, with regard to any license
or licensee for any one or more of the following:
(1) violations of this Act or of the rules adopted
under this Act;
(2) 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;
(3) professional incompetence;
(4) advertising in a false, deceptive, or misleading
manner;
(5) aiding, abetting, assisting, procuring, advising,
employing, or contracting with any unlicensed person to
practice massage contrary to any rules or provisions of
this Act;
(6) engaging in immoral conduct in the commission of
any act, such as sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice;
(7) engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(8) practicing or offering to practice beyond the scope
permitted by law or accepting and performing professional
responsibilities which the licensee knows or has reason to
know that he or she is not competent to perform;
(9) knowingly delegating professional responsibilities
to a person unqualified by training, experience, or
licensure to perform;

(10) failing to provide information in response to a
written request made by the Department within 60 days;
(11) having a habitual or excessive use of or addiction
to alcohol, narcotics, stimulants, or any other chemical
agent or drug which results in the inability to practice
with reasonable judgment, skill, or safety;
(12) having a pattern of practice or other behavior
that demonstrates incapacity or incompetence to practice
under this Act;
(13) discipline by another state, District of
Columbia, territory, 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;
(14) a finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation;
(15) 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;
(16) making a material misstatement in furnishing
information to the Department or otherwise making
misleading, deceptive, untrue, or fraudulent
representations in violation of this Act or otherwise in
the practice of the profession;
(17) 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;
(18) 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, or a mental illness or disability;
(19) charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered;
(20) practicing under a false or, except as provided by
law, an assumed name; or
(21) cheating on or attempting to subvert the licensing
examination administered under this Act.
All fines shall be paid within 60 days of the effective
date of the order imposing the fine.
(b) A person not licensed under this Act and engaged in the
business of offering massage therapy services through others,
shall not aid, abet, assist, procure, advise, employ, or
contract with any unlicensed person to practice massage therapy
contrary to any rules or provisions of this Act. A person
violating this subsection (b) shall be treated as a licensee
for the purposes of disciplinary action under this Section and
shall be subject to cease and desist orders as provided in
Section 90 of this Act.
(c) The Department shall revoke any license issued under
this Act of any person who is convicted of prostitution, rape,

sexual misconduct, or any crime that subjects the licensee to
compliance with the requirements of the Sex Offender
Registration Act and any such conviction shall operate as a
permanent bar in the State of Illinois to practice as a massage
therapist.
(d) The Department may refuse to issue or may suspend the
license of any person who fails to file a tax return, to pay
the tax, penalty, or interest shown in a filed tax 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 the tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 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 defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) (g) of Section 2105-15 of the Civil Administrative Code of
Illinois.
(f) In cases where the Department of Healthcare and Family
Services 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 may refuse to
issue or renew or may revoke or suspend that person's license

or may take other disciplinary action against that person based
solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance with
item (5) of subsection (a) (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(g) 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 the issuance of a court order so finding and discharging
the patient.
(h) In enforcing this Act, the Department or Board, upon a
showing of a possible violation, may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have, at

his or her own expense, another physician of his or her choice
present during all aspects of this examination. The examination
shall be performed by a physician licensed to practice medicine
in all its branches. Failure of an individual to submit to a
mental or physical examination, when directed, shall result in
an automatic suspension without hearing.
A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited to,
deterioration through the aging process or loss of motor skill,
is unable to practice the profession with reasonable judgment,
skill, or safety, may be required by the Department 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. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, the Department may file a complaint to
revoke, suspend, or otherwise discipline the license of the
individual. The Secretary may order the license suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in disciplinary actions involving physical or
mental illness or impairment.
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 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 Section shall be afforded an opportunity to demonstrate to
the Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 97-514, eff. 8-23-11; revised 11-14-13.)
Section 415. The Nurse Practice Act is amended by changing
Section 65-35 as follows:
(225 ILCS 65/65-35) (was 225 ILCS 65/15-15)
(Section scheduled to be repealed on January 1, 2018)
Sec. 65-35. Written collaborative agreements.
(a) A written collaborative agreement is required for all
advanced practice nurses engaged in clinical practice, except
for advanced practice nurses who are authorized to practice in
a hospital or ambulatory surgical treatment center.
(a-5) If an advanced practice nurse engages in clinical

practice outside of a hospital or ambulatory surgical treatment
center in which he or she is authorized to practice, the
advanced practice nurse must have a written collaborative
agreement.
(b) A written collaborative agreement shall describe the
working relationship of the advanced practice nurse with the
collaborating physician or podiatric physician and shall
authorize the categories of care, treatment, or procedures to
be performed by the advanced practice nurse. A collaborative
agreement with a dentist must be in accordance with subsection
(c-10) of this Section. Collaboration does not require an
employment relationship between the collaborating physician
and advanced practice nurse. Collaboration means the
relationship under which an advanced practice nurse works with
a collaborating physician or podiatric physician in an active
clinical practice to deliver health care services in accordance
with (i) the advanced practice nurse's training, education, and
experience and (ii) collaboration and consultation as
documented in a jointly developed written collaborative
agreement.
The agreement shall promote the exercise of professional
judgment by the advanced practice nurse commensurate with his
or her education and experience. The services to be provided by
the advanced practice nurse shall be services that the
collaborating physician or podiatric physician is authorized
to and generally provides or may provide in his or her clinical

medical or podiatric practice, except as set forth in
subsection subsections (b-5) or (c-5) of this Section. The
agreement need not describe the exact steps that an advanced
practice nurse must take with respect to each specific
condition, disease, or symptom but must specify which
authorized procedures require the presence of the
collaborating physician or podiatric physician as the
procedures are being performed. The collaborative relationship
under an agreement shall not be construed to require the
personal presence of a physician or podiatric physician at the
place where services are rendered. Methods of communication
shall be available for consultation with the collaborating
physician or podiatric physician in person or by
telecommunications in accordance with established written
guidelines as set forth in the written agreement.
(b-5) Absent an employment relationship, a written
collaborative agreement may not (1) restrict the categories of
patients of an advanced practice nurse within the scope of the
advanced practice nurses training and experience, (2) limit
third party payors or government health programs, such as the
medical assistance program or Medicare with which the advanced
practice nurse contracts, or (3) limit the geographic area or
practice location of the advanced practice nurse in this State.
(c) Collaboration and consultation under all collaboration
agreements shall be adequate if a collaborating physician or
podiatric physician does each of the following:

(1) Participates in the joint formulation and joint
approval of orders or guidelines with the advanced practice
nurse and he or she periodically reviews such orders and
the services provided patients under such orders in
accordance with accepted standards of medical practice or
podiatric practice and advanced practice nursing practice.
(2) Provides collaboration and consultation with the
advanced practice nurse at least once a month. In the case
of anesthesia services provided by a certified registered
nurse anesthetist, an anesthesiologist, a physician, a
dentist, or a podiatric physician must participate through
discussion of and agreement with the anesthesia plan and
remain physically present and available on the premises
during the delivery of anesthesia services for diagnosis,
consultation, and treatment of emergency medical
conditions.
(3) Is available through telecommunications for
consultation on medical problems, complications, or
emergencies or patient referral. In the case of anesthesia
services provided by a certified registered nurse
anesthetist, an anesthesiologist, a physician, a dentist,
or a podiatric physician must participate through
discussion of and agreement with the anesthesia plan and
remain physically present and available on the premises
during the delivery of anesthesia services for diagnosis,
consultation, and treatment of emergency medical

conditions.
The agreement must contain provisions detailing notice for
termination or change of status involving a written
collaborative agreement, except when such notice is given for
just cause.
(c-5) A certified registered nurse anesthetist, who
provides anesthesia services outside of a hospital or
ambulatory surgical treatment center shall enter into a written
collaborative agreement with an anesthesiologist or the
physician licensed to practice medicine in all its branches or
the podiatric physician performing the procedure. Outside of a
hospital or ambulatory surgical treatment center, the
certified registered nurse anesthetist may provide only those
services that the collaborating podiatric physician is
authorized to provide pursuant to the Podiatric Medical
Practice Act of 1987 and rules adopted thereunder. A certified
registered nurse anesthetist may select, order, and administer
medication, including controlled substances, and apply
appropriate medical devices for delivery of anesthesia
services under the anesthesia plan agreed with by the
anesthesiologist or the operating physician or operating
podiatric physician.
(c-10) A certified registered nurse anesthetist who
provides anesthesia services in a dental office shall enter
into a written collaborative agreement with an
anesthesiologist or the physician licensed to practice

medicine in all its branches or the operating dentist
performing the procedure. The agreement shall describe the
working relationship of the certified registered nurse
anesthetist and dentist and shall authorize the categories of
care, treatment, or procedures to be performed by the certified
registered nurse anesthetist. In a collaborating dentist's
office, the certified registered nurse anesthetist may only
provide those services that the operating dentist with the
appropriate permit is authorized to provide pursuant to the
Illinois Dental Practice Act and rules adopted thereunder. For
anesthesia services, an anesthesiologist, physician, or
operating dentist shall participate through discussion of and
agreement with the anesthesia plan and shall remain physically
present and be available on the premises during the delivery of
anesthesia services for diagnosis, consultation, and treatment
of emergency medical conditions. A certified registered nurse
anesthetist may select, order, and administer medication,
including controlled substances, and apply appropriate medical
devices for delivery of anesthesia services under the
anesthesia plan agreed with by the operating dentist.
(d) A copy of the signed, written collaborative agreement
must be available to the Department upon request from both the
advanced practice nurse and the collaborating physician or
podiatric physician.
(e) 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 in accordance with Section 54.2 of the Medical Practice
Act of 1987. 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.
(f) An advanced practice nurse shall inform each
collaborating physician, dentist, or podiatric physician of
all collaborative agreements he or she has signed and provide a
copy of these to any collaborating physician, dentist, or
podiatric physician upon request.
(g) For the purposes of this Act, "generally provides or
may provide in his or her clinical medical practice" means
categories of care or treatment, not specific tasks or duties,
the physician podiatric physician provides individually or
through delegation to other persons so that the physician
podiatric physician has the experience and ability to provide
collaboration and consultation. This definition shall not be
construed to prohibit an advanced practice nurse from providing
primary health treatment or care within the scope of his or her
training and experience, including, but not limited to, health
screenings, patient histories, physical examinations, women's
health examinations, or school physicals that may be provided
as part of the routine practice of an advanced practice nurse
or on a volunteer basis.
For the purposes of this Act, "generally provides or may

provide in to his or her patients in the normal course of his
or her clinical podiatric practice" means services, not
specific tasks or duties, that the podiatric physician
podiatrist routinely provides individually or through
delegation to other persons so that the podiatric physician
podiatrist has the experience and ability to provide
collaboration and consultation.
(Source: P.A. 97-358, eff. 8-12-11; 98-192, eff. 1-1-14;
98-214, eff. 8-9-13; revised 9-24-13.)
Section 420. The Illinois Occupational Therapy Practice
Act is amended by changing Sections 3, 3.1, 15, 19, and 21 as
follows:
(225 ILCS 75/3) (from Ch. 111, par. 3703)
(Section scheduled to be repealed on January 1, 2024)
Sec. 3. Licensure requirement; exempt activities. After
the effective date of this Act, no person shall practice
occupational therapy or hold himself out as an occupational
therapist or an occupational therapy assistant, or as being
able to practice occupational therapy or to render services
designated as occupational therapy in this State, unless he is
licensed in accordance with the provisions of this Act.
Nothing in this Act shall be construed as preventing or
restricting the practice, services, or activities of:
(1) Any person licensed in this State by any other law

from engaging in the profession or occupation for which he
is licensed; or
(2) Any person employed as an occupational therapist or
occupational therapy assistant by the Government of the
United States, if such person provides occupational
therapy solely under the direction or control of the
organization by which he or she is employed; or
(3) Any person pursuing a course of study leading to a
degree or certificate in occupational therapy at an
accredited or approved educational program if such
activities and services constitute a part of a supervised
course of study, and if such person is designated by a
title which clearly indicates his or her status as a
student or trainee; or
(4) Any person fulfilling the supervised work
experience requirements of Sections 8 and 9 of this Act, if
such activities and services constitute a part of the
experience necessary to meet the requirement of those
Sections; or
(5) Any person performing occupational therapy
services in the State, if such a person is not a resident
of this State and is not licensed under this Act, and if
such services are performed for no more than 60 days a
calendar year in association with an occupational
therapist licensed under this Act and if such person meets
the qualifications for license under this Act and:

(i) such person is licensed under the law of
another state which has licensure requirements at
least as restrictive as the requirements of this Act,
or
(ii) such person meets the requirements for
certification as an Occupational Therapist Registered
(O.T.R.) or a Certified Occupational Therapy Assistant
(C.O.T.A.) established by the National Board for
Certification of Occupational Therapy or another
nationally recognized credentialing body approved by
the Board; or
(6) The practice of occupational therapy by one who has
applied in writing to the Department for a license, in form
and substance satisfactory to the Department, and has
complied with all the provisions of either Section 8 or 9
except the passing of the examination to be eligible to
receive such license. In no event shall this exemption
extend to any person for longer than 6 months, except as
follows:
(i) if the date on which a person can take the next
available examination authorized by the Department
extends beyond 6 months from the date the person
completes the occupational therapy program as required
under Section 8 or 9, the Department shall extend the
exemption until the results of that examination become
available to the Department; or

(ii) if the Department is unable to complete its
evaluation and processing of a person's application
for a license within 6 months after the date on which
the application is submitted to the Department in
proper form, the Department shall extend the exemption
until the Department has completed its evaluation and
processing of the application.
In the event such applicant fails the examination, the
applicant shall cease work immediately until such time as
the applicant is licensed to practice occupational therapy
in this State; or .
(7) The practice of occupational therapy by one who has
applied to the Department, in form and substance
satisfactory to the Department, and who is licensed to
practice occupational therapy under the laws of another
state, territory of the United States or country and who is
qualified to receive a license under the provisions of
either Section 8 or 9 of this Act. In no event shall this
exemption extend to any person for longer than 6 months;
or .
(8) (Blank).
(Source: P.A. 98-264, eff. 12-31-13; revised 11-14-13.)
(225 ILCS 75/3.1)
(Section scheduled to be repealed on January 1, 2024)
Sec. 3.1. Referrals.

(a) A licensed occupational therapist or licensed
occupational therapy assistant may consult with, educate,
evaluate, and monitor services for individuals, groups, and
populations concerning occupational therapy needs. Except as
indicated in subsections (b) and (c) of this Section,
implementation of direct occupational therapy treatment to
individuals for their specific health care conditions shall be
based upon a referral from a licensed physician, dentist,
podiatric physician, or advanced practice nurse who has a
written collaborative agreement with a collaborating physician
to provide or accept referrals from licensed occupational
therapists, physician assistant who has been delegated
authority to provide or accept referrals from or to licensed
occupational therapists, or optometrist.
(b) A referral is not required for the purpose of providing
consultation, habilitation, screening, education, wellness,
prevention, environmental assessments, and work-related
ergonomic services to individuals, groups, or populations.
(c) Referral from a physician or other health care provider
is not required for evaluation or intervention for children and
youths if an occupational therapist or occupational therapy
assistant provides services in a school-based or educational
environment, including the child's home.
(d) An occupational therapist shall refer to a licensed
physician, dentist, optometrist, advanced practice nurse,
physician assistant, or podiatric physician any patient whose

medical condition should, at the time of evaluation or
treatment, be determined to be beyond the scope of practice of
the occupational therapist.
(Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13;
revised 9-9-13.)
(225 ILCS 75/15) (from Ch. 111, par. 3715)
(Section scheduled to be repealed on January 1, 2024)
Sec. 15. Any person who is issued a license as an
occupational therapist registered under the terms of this Act
may use the words "occupational therapist" or "licensed
occupational therapist", or may use the letters "O.T.", "OT/L",
or "OTR/L", in connection with his or her name or place of
business to denote his or her licensure under this Act.
Any person who is issued a license as an a occupational
therapy assistant under the terms of this Act may use the
words, "occupational therapy assistant" or "licensed
occupational therapy assistant", or he or she may use the
letters "O.T.A.", "OTA/L", or "COTA/L" in connection with his
or her name or place of business to denote his or her licensure
under this Act.
(Source: P.A. 98-264, eff. 12-31-13; revised 11-12-13.)
(225 ILCS 75/19) (from Ch. 111, par. 3719)
(Section scheduled to be repealed on January 1, 2024)
Sec. 19. Grounds for discipline.

(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary or non-disciplinary action as the Department may
deem proper, including imposing fines not to exceed $10,000 for
each violation and the assessment of costs as provided under
Section 19.3 of this Act, with regard to any license for any
one or combination of the following:
(1) Material misstatement in furnishing information to
the Department;
(2) Violations of this Act, or of the rules promulgated
thereunder;
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
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 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) Fraud or any misrepresentation in applying for or
procuring a license under this Act, or in connection with
applying for renewal of a license under this Act;
(5) Professional incompetence;
(6) Aiding or assisting another person, firm,
partnership or corporation in violating any provision of

this Act or 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 of a character likely to deceive,
defraud or harm the public;
(9) Habitual or excessive use or abuse of drugs defined
in law as controlled substances, alcohol, or any other
substance that results in the inability to practice with
reasonable judgment, skill, or safety;
(10) Discipline by another state, unit of government,
government agency, the District of Columbia, a territory,
or foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to those
set forth herein;
(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 professional services not actually or personally
rendered. Nothing in this paragraph (11) 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 (11) shall be construed to
require an employment arrangement to receive professional
fees for services rendered;
(12) A finding by the Department that the license
holder, after having his license disciplined, has violated
the terms of the discipline;
(13) Wilfully making or filing false records or reports
in the practice of occupational therapy, including but not
limited to false records filed with the State agencies or
departments;
(14) Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice under this
Act with reasonable judgment, skill, or safety;
(15) Solicitation of professional services other than
by permitted advertising;
(16) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act;
(17) Practicing under a false or, except as provided by
law, assumed name;
(18) Professional incompetence or gross negligence;
(19) Malpractice;
(20) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in any manner
to exploit the client for financial gain of the licensee;

(21) Gross, willful, or continued overcharging for
professional services;
(22) Mental illness or disability that results in the
inability to practice under this Act with reasonable
judgment, skill, or safety;
(23) Violating the Health Care Worker Self-Referral
Act;
(24) Having treated patients other than by the practice
of occupational therapy as defined in this Act, or having
treated patients as a licensed occupational therapist
independent of a referral from a physician, advanced
practice nurse or physician assistant in accordance with
Section 3.1, dentist, podiatric physician, or optometrist,
or having failed to notify the physician, advanced practice
nurse, physician assistant, dentist, podiatric physician,
or optometrist who established a diagnosis that the patient
is receiving occupational therapy pursuant to that
diagnosis;
(25) Cheating on or attempting to subvert the licensing
examination administered under this Act; and
(26) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered.
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 determination by a circuit court that a license
holder is subject to involuntary admission or judicial
admission as provided in the Mental Health and Developmental
Disabilities Code, as now or hereafter amended, operates as an
automatic suspension. Such suspension will end only upon a
finding by a court that the patient is no longer subject to
involuntary admission or judicial admission and an order by the
court so finding and discharging the patient. In any case where
a license is suspended under this provision, the licensee shall
file a petition for restoration and shall include evidence
acceptable to the Department that the licensee can resume
practice in compliance with acceptable and prevailing
standards of their profession.
(c) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails 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
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied in accordance
with subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(d) In enforcing this Section, the Department, upon a

showing of a possible violation, may compel any individual who
is licensed under this Act or any individual who has applied
for licensure to submit to a mental or physical examination or
evaluation, or both, which may include a substance abuse or
sexual offender evaluation, 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 and evaluation.
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 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 this examination and
evaluation of the licensee 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 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 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 or 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 Department
finds a licensee unable to practice because of the reasons set
forth in this Section, the Department shall require the

licensee to submit to care, counseling, or treatment by
physicians approved or designated by the Department as a
condition for continued, reinstated, or renewed licensure.
When the Secretary immediately suspends a license under
this Section, a hearing upon such person's license must be
convened by the Department within 15 days after the suspension
and completed without appreciable delay. The Department shall
have the authority to review the licensee'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.
Individuals licensed under this Act that are affected under
this Section, shall be afforded an opportunity to demonstrate
to the Department that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their license.
(e) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with paragraph (5) of
subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(f) In cases where the Department of Healthcare and Family
Services has previously determined 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 may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with paragraph (5)
of subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13;
revised 9-24-13.)
(225 ILCS 75/21) (from Ch. 111, par. 3737)
(Section scheduled to be repealed on January 1, 2024)
Sec. 21. Home rule. The regulation and licensing as an a
occupational therapist are exclusive powers and functions of
the State. A home rule unit may not regulate or license an
occupational therapist or the practice of occupational
therapy. This Section is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(Source: P.A. 98-264, eff. 12-31-13; revised 11-12-13.)
Section 425. The Orthotics, Prosthetics, and Pedorthics
Practice Act is amended by changing Section 90 as follows:

(225 ILCS 84/90)
(Section scheduled to be repealed on January 1, 2020)
Sec. 90. Grounds for discipline.
(a) The Department may refuse to issue or renew a license,
or may revoke or suspend a license, or may suspend, place on
probation, or reprimand a licensee or take other disciplinary
or non-disciplinary action as the Department may deem proper,
including, but not limited to, the imposition of fines not to
exceed $10,000 for each violation for one or any combination of
the following:
(1) Making a material misstatement in furnishing
information to the Department or the Board.
(2) Violations of or negligent or intentional
disregard of this Act or its rules.
(3) Conviction of, or entry of a plea of guilty or nolo
contendere to any crime that is a felony under the laws of
the United States or any state or territory thereof or that
is a misdemeanor of which an essential element is
dishonesty, or any crime that is directly related to the
practice of the profession.
(4) Making a misrepresentation for the purpose of
obtaining a license.
(5) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.

(6) Gross negligence under this Act.
(7) Aiding or assisting another person in violating a
provision of this Act or its rules.
(8) Failing to provide information within 60 days in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct or conduct of a character likely to
deceive, defraud, or harm the public.
(10) Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
or addiction to alcohol, narcotics, stimulants, or any
other chemical agent or drug.
(11) Discipline by another state or territory of the
United States, the federal government, or foreign nation,
if at least one of the grounds for the discipline is the
same or substantially equivalent to one set forth in this
Section.
(12) 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 (12) 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 (12) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(13) A finding by the Board that the licensee or
registrant, after having his or her license placed on
probationary status, has violated the terms of probation.
(14) Abandonment of a patient or client.
(15) 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.
(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(17) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of a
physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill, or a mental illness or disability.
(18) Solicitation of professional services using false
or misleading advertising.
(b) In enforcing this Section, the Department or Board upon
a showing of a possible violation, may compel a licensee or
applicant to submit to a mental or physical examination, or

both, as required by and at the expense of the Department. The
Department or Board may order the examining physician to
present testimony concerning the mental or physical
examination of the licensee or applicant. No information shall
be excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician. The examining physicians shall be
specifically designated by the Board or Department. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of this examination. Failure of an individual to submit
to a mental or physical examination, when directed, shall be
grounds for the immediate suspension of his or her license
until the individual submits to the examination if the
Department finds that the refusal to submit to the examination
was without reasonable cause as defined by rule.
In instances in which the Secretary immediately suspends a
person's license for his or her failure to submit to a mental
or physical examination, when directed, a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay.
In instances in which the Secretary otherwise suspends a
person's license pursuant to the results of a compelled mental
or physical examination, 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 Section shall be afforded an opportunity to demonstrate to
the Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(c) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with subsection (a)(5) of
Section 2105-15 15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15).
(d) In cases where the Department of Healthcare and Family
Services (formerly Department of Public Aid) has previously
determined that a licensee or a potential licensee is more than
30 days delinquent in the payment of child support and has
subsequently certified the delinquency to the Department, the
Department may refuse to issue or renew or may revoke or
suspend that person's license or may take other disciplinary

action against that person based solely upon the certification
of delinquency made by the Department of Healthcare and Family
Services in accordance with subsection (a)(5) of Section
2105-15 15 of the Department of Professional Regulation Law of
the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15).
(e) The Department may refuse to issue or renew a license,
or may revoke or suspend a license, for failure 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 such time as the requirements of
the tax Act are satisfied in accordance with subsection (g) of
Section 2105-15 15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15).
(Source: P.A. 96-682, eff. 8-25-09; 96-1482, eff. 11-29-10;
revised 11-14-13.)
Section 430. The Pharmacy Practice Act is amended by
changing Section 3 as follows:
(225 ILCS 85/3)
(Section scheduled to be repealed on January 1, 2018)
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
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 (l) 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 (l), (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: in the context of patient education on the proper use
or delivery of medications; 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; (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, or
podiatric physician, or optometrist, within the limits of their
licenses, by a physician assistant in accordance with
subsection (f) of Section 4, or by an advanced practice nurse
in accordance with subsection (g) of Section 4, containing the
following: (l) 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
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 numbers shall not be required on inpatient drug
orders.
(f) "Person" means and includes a natural person,
copartnership, 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 Specialized Mental Health Rehabilitation Act of
2013, or the Hospital Licensing Act, or "An Act in relation to
the founding and operation of the University of Illinois
Hospital and the conduct of University of Illinois health care
programs", approved July 3, 1931, as amended, or a facility
which is operated by the Department of Human Services (as
successor to the Department of Mental Health and Developmental
Disabilities) or the Department of Corrections.
(k-5) "Pharmacist" means an individual health care
professional and provider currently licensed by this State to
engage in the practice of pharmacy.
(l) "Pharmacist in charge" means the licensed pharmacist
whose name appears on a pharmacy license and who is responsible
for all aspects of the operation related to the practice of
pharmacy.
(m) "Dispense" or "dispensing" means the interpretation,
evaluation, and implementation of a prescription drug order,
including the preparation and delivery of a drug or device to a

patient or patient's agent in a suitable container
appropriately labeled for subsequent administration to or use
by a patient in accordance with applicable State and federal
laws and regulations. "Dispense" or "dispensing" does not mean
the physical delivery to a patient or a patient's
representative in a home or institution by a designee of a
pharmacist or by common carrier. "Dispense" or "dispensing"
also does not mean the physical delivery of a drug or medical
device to a patient or patient's representative by a
pharmacist's designee within a pharmacy or drugstore while the
pharmacist is on duty and the pharmacy is open.
(n) "Nonresident pharmacy" means a pharmacy that is located
in a state, commonwealth, or territory of the United States,
other than Illinois, that delivers, dispenses, or distributes,
through the United States Postal Service, commercially
acceptable parcel delivery service, or other common carrier, to
Illinois residents, any substance which requires a
prescription.
(o) "Compounding" means the preparation and mixing of
components, excluding flavorings, (1) as the result of a
prescriber's prescription drug order or initiative based on the
prescriber-patient-pharmacist relationship in the course of
professional practice or (2) for the purpose of, or incident
to, research, teaching, or chemical analysis and not for sale
or dispensing. "Compounding" includes the preparation of drugs
or devices in anticipation of receiving prescription drug

orders based on routine, regularly observed dispensing
patterns. Commercially available products may be compounded
for dispensing to individual patients only if all of the
following conditions are met: (i) the commercial product is not
reasonably available from normal distribution channels in a
timely manner to meet the patient's needs and (ii) the
prescribing practitioner has requested that the drug be
compounded.
(p) (Blank).
(q) (Blank).
(r) "Patient counseling" means the communication between a
pharmacist or a student pharmacist under the supervision of a
pharmacist and a patient or the patient's representative about
the patient's medication or device for the purpose of
optimizing proper use of prescription medications or devices.
"Patient counseling" may include without limitation (1)
obtaining a medication history; (2) acquiring a patient's
allergies and health conditions; (3) facilitation of the
patient's understanding of the intended use of the medication;
(4) proper directions for use; (5) significant potential
adverse events; (6) potential food-drug interactions; and (7)
the need to be compliant with the medication therapy. A
pharmacy technician may only participate in the following
aspects of patient counseling under the supervision of a
pharmacist: (1) obtaining medication history; (2) providing
the offer for counseling by a pharmacist or student pharmacist;

and (3) acquiring a patient's allergies and health conditions.
(s) "Patient profiles" or "patient drug therapy record"
means the obtaining, recording, and maintenance of patient
prescription information, including prescriptions for
controlled substances, and personal information.
(t) (Blank).
(u) "Medical device" 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) "Electronic transmission prescription" means any
prescription order for which a facsimile or electronic image of
the order is electronically transmitted from a licensed
prescriber to a pharmacy. "Electronic transmission
prescription" includes both data and image prescriptions.
(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 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 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.
(ff) "Home pharmacy" means the location of a pharmacy's
primary operations.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-1043, eff. 8-21-12; 98-104, eff. 7-22-13;
98-214, eff. 8-9-13; revised 9-24-13.)
Section 435. The Boxing and Full-contact Martial Arts Act

is amended by changing Section 8 as follows:
(225 ILCS 105/8) (from Ch. 111, par. 5008)
(Section scheduled to be repealed on January 1, 2022)
Sec. 8. Permits.
(a) A promoter who desires to obtain a permit to conduct a
professional or amateur contest, or a combination of both,
shall apply to the Department at least 20 days prior to the
event, in writing, on forms furnished by the Department. The
application shall be accompanied by the required fee and shall
contain, but not be limited to, the following information to be
submitted at times specified by rule:
(1) the legal names and addresses of the promoter;
(2) the name of the matchmaker;
(3) the time and exact location of the professional or
amateur contest, or a combination of both. It is the
responsibility of the promoter to ensure that the building
to be used for the event complies with all laws,
ordinances, and regulations in the city, town, village, or
county where the contest is to be held;
(4) proof of adequate security measures, as determined
by Department rule, to ensure the protection of the safety
of contestants and the general public while attending
professional or amateur contests, or a combination of both;
(5) proof of adequate medical supervision, as
determined by Department rule, to ensure the protection of

the health and safety of professionals' or amateurs' while
participating in the contest;
(6) the names of the professionals or amateurs
competing subject to Department approval;
(7) proof of insurance for not less than $50,000 as
further defined by rule for each professional or amateur
participating in a professional or amateur contest, or a
combination of both; insurance required under this
paragraph (7) (6) shall cover (i) hospital, medication,
physician, and other such expenses as would accrue in the
treatment of an injury as a result of the professional or
amateur contest; (ii) payment to the estate of the
professional or amateur in the event of his or her death as
a result of his or her participation in the professional or
amateur contest; and (iii) accidental death and
dismemberment; the terms of the insurance coverage must not
require the contestant to pay a deductible. The promoter
may not carry an insurance policy with a deductible in an
amount greater than $500 for the medical, surgical, or
hospital care for injuries a contestant sustains while
engaged in a contest, and if a licensed or registered
contestant pays for the medical, surgical, or hospital
care, the insurance proceeds must be paid to the contestant
or his or her beneficiaries as reimbursement for such
payment;
(8) the amount of the purses to be paid to the

professionals for the event; the Department shall adopt
rules for payment of the purses;
(9) organizational or internationally accepted rules,
per discipline, for professional or amateur full-contact
martial arts contests where the Department does not provide
the rules;
(10) proof of contract indicating the requisite
registration and sanctioning by a Department approved
sanctioning body for any full-contact martial arts contest
with scheduled amateur bouts; and
(11) any other information that the Department may
require to determine whether a permit shall be issued.
(b) The Department may issue a permit to any promoter who
meets the requirements of this Act and the rules. The permit
shall only be issued for a specific date and location of a
professional or amateur contest, or a combination of both, and
shall not be transferable. The Department may allow a promoter
to amend a permit application to hold a professional or amateur
contest, or a combination of both, in a different location
other than the application specifies and may allow the promoter
to substitute professionals or amateurs, respectively.
(c) The Department shall be responsible for assigning the
judges, timekeepers, referees, and physicians, for a
professional contest. Compensation shall be determined by the
Department, and it shall be the responsibility of the promoter
to pay the individuals utilized.

(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11;
revised 11-14-13.)
Section 440. The Sex Offender Evaluation and Treatment
Provider Act is amended by changing Sections 20 and 75 as
follows:
(225 ILCS 109/20)
Sec. 20. Sex Offender Evaluation and Treatment Provider
Licensing and Disciplinary Board.
(a) There is established within the Department the Sex
Offender Evaluation and Treatment Licensing and Disciplinary
Board to be appointed by the Secretary. The Board shall be
composed of 8 persons who shall serve in an advisory capacity
to the Secretary. The Board shall elect a chairperson and a
vice chairperson.
(b) In appointing members of the Board, the Secretary shall
give due consideration to recommendations by members of the
profession of sex offender evaluation and treatment.
(c) Three members of the Board shall be sex offender
evaluation or treatment providers, or both, who have been in
active practice for at least 5 years immediately preceding
their appointment. The appointees shall be licensed under this
Act.
(d) One member shall represent the Department of
Corrections.

(e) One member shall represent the Department of Human
Services.
(f) One member shall represent the Administrative Office of
the Illinois Courts representing the interests of probation
services.
(g) One member shall represent the Sex Offender Management
Board.
(h) One member shall be representative of the general
public who has no direct affiliation or work experience with
the practice of sex offender evaluation and treatment and who
clearly represents represent consumer interests.
(i) Board members shall be appointed for a term of 4 years,
except that any person chosen to fill a vacancy shall be
appointed only for the unexpired term of the Board member whom
he or she shall succeed. Upon the expiration of his or her term
of office, a Board member shall continue to serve until a
successor is appointed and qualified. No member shall be
reappointed to the Board for a term that would cause continuous
service on the Board to be longer than 8 years.
(j) The membership of the Board shall reasonably reflect
representation from the various geographic areas of the State.
(k) A member of the Board shall be immune from suit in any
action based upon any disciplinary proceedings or other
activities performed in good faith as a member of the Board.
(l) The Secretary may remove a member of the Board for any
cause that, in the opinion of the Secretary, reasonably

justifies termination.
(m) The Secretary may consider the recommendations of the
Board on questions of standards of professional conduct,
discipline, and qualification of candidates or licensees under
this Act.
(n) The members of the Board shall be reimbursed for all
legitimate, necessary, and authorized expenses.
(o) A majority of the Board members currently appointed
shall constitute a quorum. A vacancy in the membership of the
Board shall not impair the right of a quorum to exercise all
the rights and perform all the duties of the Board.
(Source: P.A. 97-1098, eff. 7-1-13; revised 11-14-13.)
(225 ILCS 109/75)
Sec. 75. Refusal, revocation, or suspension.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or nondisciplinary action, as the Department
considers appropriate, including the imposition of fines not to
exceed $10,000 for each violation, with regard to any license
or licensee for any one or more of the following:
(1) violations of this Act or of the rules adopted
under this Act;
(2) discipline by the Department under other state law
and rules which the licensee is subject to;
(3) conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or by
sentencing for 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) professional incompetence;
(5) advertising in a false, deceptive, or misleading
manner;
(6) aiding, abetting, assisting, procuring, advising,
employing, or contracting with any unlicensed person to
provide sex offender evaluation or treatment services
contrary to any rules or provisions of this Act;
(7) engaging in immoral conduct in the commission of
any act, such as sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice;
(8) engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(9) practicing or offering to practice beyond the scope
permitted by law or accepting and performing professional
responsibilities which the licensee knows or has reason to
know that he or she is not competent to perform;
(10) knowingly delegating professional

responsibilities to a person unqualified by training,
experience, or licensure to perform;
(11) failing to provide information in response to a
written request made by the Department within 60 days;
(12) having a habitual or excessive use of or addiction
to alcohol, narcotics, stimulants, or any other chemical
agent or drug which results in the inability to practice
with reasonable judgment, skill, or safety;
(13) having a pattern of practice or other behavior
that demonstrates incapacity or incompetence to practice
under this Act;
(14) discipline by another state, District of
Columbia, territory, 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;
(15) a finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation;
(16) 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;
(17) making a material misstatement in furnishing
information to the Department or otherwise making
misleading, deceptive, untrue, or fraudulent
representations in violation of this Act or otherwise in
the practice of the profession;

(18) 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;
(19) 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, or a mental illness or disability;
(20) charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered; or
(21) practicing under a false or, except as provided by
law, an assumed name.
All fines shall be paid within 60 days of the effective
date of the order imposing the fine.
(b) The Department may refuse to issue or may suspend the
license of any person who fails to file a tax return, to pay
the tax, penalty, or interest shown in a filed tax 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 the tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Civil Administrative Code of Illinois.
(c) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) (g) of Section 2105-15 of the Civil Administrative Code of
Illinois.
(d) In cases where the Department of Healthcare and Family
Services 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 may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person based
solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance with
item (5) of subsection (a) (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(e) 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 the issuance of a court order so finding and discharging
the patient.
(f) In enforcing this Act, the Department or Board, upon a
showing of a possible violation, may compel an individual
licensed to practice under this Act, or who has applied for

licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physician shall be specifically designated by the
Board or Department. The individual to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of this examination. The examination
shall be performed by a physician licensed to practice medicine
in all its branches. Failure of an individual to submit to a
mental or physical examination, when directed, shall result in
an automatic suspension without hearing.
A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited to,
deterioration through the aging process or loss of motor skill,
is unable to practice the profession with reasonable judgment,
skill, or safety, may be required by the Department 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. Submission to care, counseling, or treatment as

required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, the Department may file a complaint to
revoke, suspend, or otherwise discipline the license of the
individual. The Secretary may order the license suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in disciplinary actions involving physical or
mental illness or impairment.
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 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 subject to action
under this Section shall be afforded an opportunity to
demonstrate to the Department or Board that he or she can
resume practice in compliance with acceptable and prevailing
standards under the provisions of his or her license.
(Source: P.A. 97-1098, eff. 7-1-13; revised 11-14-13.)
Section 445. The Perfusionist Practice Act is amended by

changing Section 105 as follows:
(225 ILCS 125/105)
(Section scheduled to be repealed on January 1, 2020)
Sec. 105. Disciplinary actions.
(a) The Department may refuse to issue, renew, or restore a
license, or may revoke or suspend a license, or may place on
probation, reprimand, or take other disciplinary or
non-disciplinary action with regard to a person licensed under
this Act, including but not limited to the imposition of fines
not to exceed $10,000 for each violation, for one or any
combination of the following causes:
(1) Making a material misstatement in furnishing
information to the Department.
(2) Violation of this Act or any rule promulgated under
this Act.
(3) Conviction of, or entry of a plea of guilty or nolo
contendere to, any crime that is a felony under the laws of
the United States or any state or territory thereof, or any
crime that is a misdemeanor of which an essential element
is dishonesty, or any crime that is directly related to the
practice as a perfusionist.
(4) Making a misrepresentation for the purpose of
obtaining, renewing, or restoring a license.
(5) Aiding or assisting another person in violating a
provision of this Act or its rules.

(6) Failing to provide information within 60 days in
response to a written request made by the Department.
(7) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public, as defined by rule of the
Department.
(8) Discipline by another state, the District of
Columbia, or territory, or a foreign nation, if at least
one of the grounds for discipline is the same or
substantially equivalent to those set forth in this
Section.
(9) 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 (9) 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 (9) shall be construed to require
an employment arrangement to receive professional fees for
services rendered.

(10) A finding by the Board that the licensee, after
having his or her license placed on probationary status,
has violated the terms of probation.
(11) Wilfully making or filing false records or reports
in his or her practice, including but not limited to false
records or reports filed with State agencies or
departments.
(12) Wilfully making or signing a false statement,
certificate, or affidavit to induce payment.
(13) Wilfully failing to report an instance of
suspected child abuse or neglect as required under the
Abused and Neglected Child Reporting Act.
(14) 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.
(15) Employment of fraud, deception, or any unlawful
means in applying for or securing a license as a
perfusionist.
(16) Allowing another person to use his or her license
to practice.
(17) Failure to report to the Department (A) any
adverse final action taken against the licensee by another
licensing jurisdiction, government agency, law enforcement

agency, or any court or (B) liability for conduct that
would constitute grounds for action as set forth in this
Section.
(18) Inability to practice the profession with
reasonable judgment, skill or safety as a result of a
physical illness, including but not limited to
deterioration through the aging process or loss of motor
skill, or a mental illness or disability.
(19) Inability to practice the profession for which he
or she is licensed with reasonable judgment, skill, or
safety as a result of habitual or excessive use or
addiction to alcohol, narcotics, stimulants, or any other
chemical agent or drug.
(20) Gross malpractice.
(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.
(27) Violating any provision of this Act or the rules
promulgated under this Act, including, but not limited to,
advertising.
(b) A licensee or applicant who, because of a physical or
mental illness or disability, including, but not limited to,
deterioration through the aging process or loss of motor skill,
is unable to practice the profession with reasonable judgment,
skill, or safety, may be required by the Department 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. Submission to care, counseling or treatment as
required by the Department shall not be considered discipline
of the licensee. If the licensee refuses to enter into a care,
counseling or treatment agreement or fails to abide by the
terms of the agreement the Department may file a complaint to
suspend or revoke the license or otherwise discipline the
licensee. The Secretary may order the license suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in the disciplinary actions involving physical
or mental illness or impairment.
(b-5) The Department may refuse to issue or may suspend,
without a hearing as provided for in the Civil Administrative

Code of Illinois, the license of a person who fails 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 such time as the requirements of
the tax Act are satisfied in accordance with subsection (g) of
Section 2105-15 15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15).
(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
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 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.
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.
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.
Any licensee suspended or otherwise affected under this
subsection (d) 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.
(Source: P.A. 96-682, eff. 8-25-09; 96-1482, eff. 11-29-10;
revised 11-14-13.)
Section 450. The Registered Surgical Assistant and
Registered Surgical Technologist Title Protection Act is
amended by changing Section 10 as follows:
(225 ILCS 130/10)
(Section scheduled to be repealed on January 1, 2024)
Sec. 10. Definitions. As used in this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's or registrant's
application file or registration file as maintained by the
Department's licensure maintenance unit. It is the duty of the
applicant or registrant 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.
"Direct supervision" means supervision by a licensed
physician, licensed podiatric physician, or licensed dentist
who is physically present and who personally directs delegated
acts and remains available to personally respond to an

emergency until the patient is released from the operating
room. A registered professional nurse may also provide direct
supervision within the scope of his or her license. A
registered surgical assistant or registered surgical
technologist shall perform duties as assigned.
"Physician" means a person licensed to practice medicine in
all of its branches under the Medical Practice Act of 1987.
"Registered surgical assistant" means a person who (i) is
not licensed to practice medicine in all of its branches, (ii)
is certified by the National Surgical Assistant Association as
a Certified Surgical Assistant, the National Board of Surgical
Technology and Surgical Assisting as a Certified Surgical First
Assistant, or the American Board of Surgical Assistants as a
Surgical Assistant-Certified, (iii) performs duties under
direct supervision, (iv) provides services only in a licensed
hospital, ambulatory treatment center, or office of a physician
licensed to practice medicine in all its branches, and (v) is
registered under this Act.
"Registered surgical technologist" means a person who (i)
is not a physician licensed to practice medicine in all of its
branches, (ii) is certified by the National Board for Surgical
Technology and Surgical Assisting, (iii) performs duties under
direct supervision, (iv) provides services only in a licensed
hospital, ambulatory treatment center, or office of a physician
licensed to practice medicine in all its branches, and (v) is
registered under this Act.

"Secretary" means the Secretary of Financial and
Professional Regulation.
(Source: P.A. 98-214, eff. 8-9-13; 98-364, eff. 12-31-13;
revised 9-24-13.)
Section 455. The Illinois Architecture Practice Act of 1989
is amended by changing Section 22 as follows:
(225 ILCS 305/22) (from Ch. 111, par. 1322)
(Section scheduled to be repealed on January 1, 2020)
Sec. 22. Refusal, suspension and revocation of licenses;
Causes.
(a) The Department may, singularly or in combination,
refuse to issue, renew or restore, or may suspend, revoke,
place on probation, or take other disciplinary or
non-disciplinary action as deemed appropriate, including, but
not limited to, the imposition of fines not to exceed $10,000
for each violation, as the Department may deem proper, with
regard to a license for any one or combination of the following
causes:
(1) material misstatement in furnishing information to
the Department;
(2) negligence, incompetence or misconduct in the
practice of architecture;
(3) failure to comply with any of the provisions of
this Act or any of the rules;

(4) making any misrepresentation for the purpose of
obtaining licensure;
(5) purposefully making false statements or signing
false statements, certificates or affidavits to induce
payment;
(6) conviction of or plea of guilty or nolo contendere
to any crime that is a felony under the laws of the United
States or any state or territory thereof or that is a
misdemeanor, an essential element of which is dishonesty,
or any crime that is directly related to the practice of
the profession of architecture;
(7) aiding or assisting another person in violating any
provision of this Act or its rules;
(8) signing, affixing the architect's seal or
permitting the architect's seal to be affixed to any
technical submission not prepared by the architect or under
that architect's responsible control;
(9) engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public;
(10) habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in the inability to practice with reasonable
judgment, skill, or safety;
(11) making a statement of compliance pursuant to the
Environmental Barriers Act that technical submissions

prepared by the architect or prepared under the architect's
responsible control for construction or alteration of an
occupancy required to be in compliance with the
Environmental Barriers Act are in compliance with the
Environmental Barriers Act when such technical submissions
are not in compliance;
(12) a finding by the Board that an applicant or
registrant has failed to pay a fine imposed by the
Department or a registrant, whose license has been placed
on probationary status, has violated the terms of
probation;
(13) discipline by another state, territory, foreign
country, the District of Columbia, the United States
government, or any other governmental agency, if at least
one of the grounds for discipline is the same or
substantially equivalent to those set forth herein;
(14) failure to provide information in response to a
written request made by the Department within 30 days after
the receipt of such written request;
(15) physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill, mental illness, or disability which results in the
inability to practice the profession with reasonable
judgment, skill, and safety, including without limitation
deterioration through the aging process, mental illness,
or disability.

(a-5) 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.
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.
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.
Any licensee suspended under this subsection (a-5) 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.
(b) 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. Such suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission,
the issuance of an order so finding and discharging the
patient, and the recommendation of the Board to the Secretary
that the licensee be allowed to resume practice.
(c) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with subdivision (a)(5) of
Section 2105-15 15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois.

(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 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 such time as the requirements of
the tax Act are satisfied in accordance with subsection (g) of
Section 2105-15 15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois.
(f) Persons who assist the Department as consultants or
expert witnesses in the investigation or prosecution of alleged
violations of the Act, licensure matters, restoration
proceedings, or criminal prosecutions, shall not be liable for
damages in any civil action or proceeding as a result of such

assistance, except upon proof of actual malice. The attorney
general shall defend such persons in any such action or
proceeding.
(Source: P.A. 96-610, eff. 8-24-09; revised 11-14-13.)
Section 460. The Professional Engineering Practice Act of
1989 is amended by changing Sections 24 and 46 as follows:
(225 ILCS 325/24) (from Ch. 111, par. 5224)
(Section scheduled to be repealed on January 1, 2020)
Sec. 24. Rules of professional conduct; disciplinary or
administrative action.
(a) The Department shall adopt rules setting standards of
professional conduct and establish appropriate penalties
penalty for the breach of such rules.
(a-1) The Department may, singularly or in combination,
refuse to issue, renew, or restore a license or may revoke,
suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action with regard to a person
licensed under this Act, including but not limited to, the
imposition of a fine not to exceed $10,000 per violation upon
any person, corporation, partnership, or professional design
firm licensed or registered under this Act, for any one or
combination of the following causes:
(1) Material misstatement in furnishing information to
the Department.

(2) Violations of this Act or any of its rules.
(3) Conviction of or entry of a plea of guilty or nolo
contendere to any crime that is a felony under the laws of
the United States or any state or territory thereof, or
that is a misdemeanor, an essential element of which is
dishonesty, or any crime that is directly related to the
practice of engineering.
(4) Making any misrepresentation for the purpose of
obtaining, renewing, or restoring a license or violating
any provision of this Act or the rules promulgated under
this Act pertaining to advertising.
(5) Willfully making or signing a false statement,
certificate, or affidavit to induce payment.
(6) Negligence, incompetence or misconduct in the
practice of professional engineering as a licensed
professional engineer or in working as an engineer intern.
(7) Aiding or assisting another person 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 30 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.
(10) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of a

physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill, or mental illness or disability.
(11) Discipline by the United States Government,
another state, District of Columbia, territory, foreign
nation or government agency, if at least one of the grounds
for the discipline is the same or substantially equivalent
to those set forth in this Act.
(12) 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.
(13) A finding by the Department that an applicant or
registrant has failed to pay a fine imposed by the
Department, a registrant whose license has been placed on
probationary status has violated the terms of probation, or
a registrant has practiced on an expired, inactive,
suspended, or revoked license.
(14) Signing, affixing the professional engineer's
seal or permitting the professional engineer's seal to be
affixed to any technical submissions not prepared as
required by Section 14 or completely reviewed by the
professional engineer or under the professional engineer's
direct supervision.
(15) Inability to practice the profession with

reasonable judgment, skill or safety as a result of
habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug.
(16) The making of a statement pursuant to the
Environmental Barriers Act that a plan for construction or
alteration of a public facility or for construction of a
multi-story housing unit is in compliance with the
Environmental Barriers Act when such plan is not in
compliance.
(17) (Blank).
(a-2) 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 such time as the requirements of
the tax Act are satisfied in accordance with subsection (g) of
Section 2105-15 15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15).
(a-3) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with subdivision (a)(5) of
Section 2105-15 15 of the Department of Professional Regulation

Law of the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15).
(a-4) 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 15 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois (20
ILCS 2105/2105-15).
(a-5) 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.
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.
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.
Any licensee suspended under this subsection (a-5) 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.
(b) The determination by a circuit court that a registrant

is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as now or hereafter amended, operates as an automatic
suspension. Such suspension will end only upon a finding by a
court that the patient is no longer subject to involuntary
admission or judicial admission, the issuance of an order so
finding and discharging the patient, and the recommendation of
the Board to the Director that the registrant be allowed to
resume practice.
(Source: P.A. 96-626, eff. 8-24-09; revised 11-13-13.)
(225 ILCS 325/46) (from Ch. 111, par. 5246)
(Section scheduled to be repealed on January 1, 2020)
Sec. 46. Home rule. The regulation and licensing of
professional engineers is an exclusive power and function of
the State. Pursuant to subsection (h) of Section 6 of Article
VII 7 of the Illinois Constitution, a home rule unit may not
regulate or license the occupation of professional engineer.
This section is a denial and limitation of home rule powers and
functions.
(Source: P.A. 86-667; revised 11-12-13.)
Section 465. The Illinois Professional Land Surveyor Act of
1989 is amended by changing Sections 27 and 47 as follows:
(225 ILCS 330/27) (from Ch. 111, par. 3277)

(Section scheduled to be repealed on January 1, 2020)
Sec. 27. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew a license,
or may place on probation or administrative supervision,
suspend, or revoke any license, or may reprimand or take any
disciplinary or non-disciplinary action as the Department may
deem proper, including the imposition of fines not to exceed
$10,000 per violation, upon any person, corporation,
partnership, or professional land surveying firm licensed or
registered under this Act for any of the following reasons:
(1) material misstatement in furnishing information to
the Department;
(2) violation, including, but not limited to, neglect
or intentional disregard, of this Act, or its rules;
(3) conviction of, or entry of a plea of guilty or nolo
contendere to, any crime that is a felony under the laws of
the United States or any state or territory thereof or that
is a misdemeanor of which an essential element is
dishonesty, or any crime that is directly related to the
practice of the profession;
(4) making any misrepresentation for the purpose of
obtaining a license, or in applying for restoration or
renewal, or the practice of any fraud or deceit in taking
any examination to qualify for licensure under this Act;
(5) purposefully making false statements or signing
false statements, certificates, or affidavits to induce

payment;
(6) proof of carelessness, incompetence, negligence,
or misconduct in practicing land surveying;
(7) aiding or assisting another person 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 30 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;
(10) inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
of, or addiction to, alcohol, narcotics, stimulants or any
other chemical agent or drug;
(11) discipline by the United States government,
another state, District of Columbia, territory, foreign
nation or government agency if at least one of the grounds
for the discipline is the same or substantially equivalent
to those set forth in this Act;
(12) 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;
(12.5) issuing a map or plat of survey where the fee

for professional services is contingent on a real estate
transaction closing;
(13) a finding by the Department that an applicant or
licensee has failed to pay a fine imposed by the Department
or a licensee whose license has been placed on probationary
status has violated the terms of probation;
(14) practicing on an expired, inactive, suspended, or
revoked license;
(15) signing, affixing the Professional Land
Surveyor's seal or permitting the Professional Land
Surveyor's seal to be affixed to any map or plat of survey
not prepared by the Professional Land Surveyor or under the
Professional Land Surveyor's direct supervision and
control;
(16) 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 or loss of motor
skill or a mental illness or disability;
(17) (blank); or
(18) failure to adequately supervise or control land
surveying operations being performed by subordinates.
(a-5) In enforcing this Section, the Department or Board,
upon a showing of a possible violation, may compel a person
licensed to practice under this Act, or who has applied for
licensure or certification pursuant to this Act, to submit to a

mental or physical examination, or both, as required by and at
the expense of the Department. The Department or Board may
order the examining physician to present testimony concerning
the mental or physical examination of the licensee or
applicant. No information shall be excluded by reason of any
common law or statutory privilege relating to communications
between the licensee or applicant and the examining physician.
The examining physicians shall be specifically designated by
the Board or Department. The individual to be examined may
have, at his or her own expense, another physician of his or
her choice present during all aspects of the examination.
Failure of an individual to submit to a mental or physical
examination when directed shall be grounds for the immediate
suspension of his or her license until the individual submits
to the examination if the Department finds that the refusal to
submit to the examination was without reasonable cause as
defined by rule.
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.
If the Secretary otherwise suspends a person's license
pursuant to the results of a compelled mental or physical
examination, 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
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
Any licensee suspended under this subsection (a-5) 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.
(b) 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 now or hereafter amended, operates as an automatic
license suspension. Such suspension will end only upon a
finding by a court that the patient is no longer subject to
involuntary admission or judicial admission and the issuance of
an order so finding and discharging the patient and upon the
recommendation of the Board to the Director that the licensee
be allowed to resume his or her practice.
(c) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with subdivision (a)(5) of

Section 2105-15 15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15).
(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 15 of the Department of Professional Regulation Law of
the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15).
(e) The Department shall refuse to issue or renew or shall
revoke or suspend a person's license or shall take other
disciplinary action against that person for his or her failure
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 such time as the requirements of
the tax Act are satisfied in accordance with subsection (g) of
Section 2105-15 15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois (20 ILCS

2105/2105-15).
(Source: P.A. 96-626, eff. 8-24-09; revised 11-14-13.)
(225 ILCS 330/47) (from Ch. 111, par. 3297)
(Section scheduled to be repealed on January 1, 2020)
Sec. 47. Home rule. Pursuant to subsection (h) of Section 6
of Article VII 7 of the Illinois Constitution, a home rule unit
may not regulate the profession of land surveying in a manner
more restrictive than the regulation by the State of the
profession of land surveying as provided in this Act. This
Section is a limitation on the concurrent exercise by home rule
units of powers and functions exercised by the State.
(Source: P.A. 86-987; revised 11-14-13.)
Section 470. The Structural Engineering Practice Act of
1989 is amended by changing Sections 20 and 37 as follows:
(225 ILCS 340/20) (from Ch. 111, par. 6620)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20. Refusal; revocation; suspension.
(a) The Department may refuse to issue or renew, or may
revoke a license, or may suspend, place on probation, fine, or
take any disciplinary or non-disciplinary action as the
Department may deem proper, including a fine not to exceed
$10,000 for each violation, with regard to any licensee for any
one or combination of the following reasons:

(1) Material misstatement in furnishing information to
the Department;
(2) Negligence, incompetence or misconduct in the
practice of structural engineering;
(3) Making any misrepresentation for the purpose of
obtaining licensure;
(4) The affixing of a licensed structural engineer's
seal to any plans, specifications or drawings which have
not been prepared by or under the immediate personal
supervision of that licensed structural engineer or
reviewed as provided in this Act;
(5) Conviction of, or entry of a plea of guilty or nolo
contendere to, any crime that is a felony under the laws of
the United States or of any state or territory thereof, or
that is a misdemeanor an essential element of which is
dishonesty, or any crime that is directly related to the
practice of the profession;
(6) Making a statement of compliance pursuant to the
Environmental Barriers Act, as now or hereafter amended,
that a plan for construction or alteration of a public
facility or for construction of a multi-story housing unit
is in compliance with the Environmental Barriers Act when
such plan is not in compliance;
(7) Failure to comply with any of the provisions of
this Act or its rules;
(8) Aiding or assisting another person in violating any

provision of this Act or its rules;
(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 addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in the inability to practice with reasonable
judgment, skill, or safety;
(11) Failure of an applicant or licensee to pay a fine
imposed by the Department or a licensee whose license has
been placed on probationary status has violated the terms
of probation;
(12) Discipline by another state, territory, foreign
country, the District of Columbia, the United States
government, or any other governmental agency, if at least
one of the grounds for discipline is the same or
substantially equivalent to those set forth in this
Section;
(13) Failure to provide information in response to a
written request made by the Department within 30 days after
the receipt of such written request; or
(14) Physical illness, including but not limited to,
deterioration through the aging process or loss of motor
skill, mental illness, or disability which results in the
inability to practice the profession of structural
engineering with reasonable judgment, skill, or safety.

(a-5) 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.
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.
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.
Any licensee suspended under this subsection (a-5) 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.
(b) 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. Such suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission,
the issuance of an order so finding and discharging the
patient, and the recommendation of the Board to the Secretary
that the licensee be allowed to resume practice.
(c) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with subdivision (a)(5) of
Section 2105-15 15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois.

(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 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 such time as the requirements of
the tax Act are satisfied in accordance with subsection (g) of
Section 2105-15 15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois.
(f) Persons who assist the Department as consultants or
expert witnesses in the investigation or prosecution of alleged
violations of the Act, licensure matters, restoration
proceedings, or criminal prosecutions, are not liable for
damages in any civil action or proceeding as a result of such

assistance, except upon proof of actual malice. The Attorney
General of the State of Illinois shall defend such persons in
any such action or proceeding.
(Source: P.A. 96-610, eff. 8-24-09; revised 11-12-13.)
(225 ILCS 340/37) (from Ch. 111, par. 6637)
(Section scheduled to be repealed on January 1, 2020)
Sec. 37. Pursuant to subsection (i) of Section 6 of Article
VII 7 of the Illinois Constitution, a home rule unit may not
regulate the profession of structural engineering in a manner
more restrictive than the regulation by the State of the
profession of structural engineering as provided in this Act.
This Section is a limitation on the concurrent exercise by home
rule units of powers and functions exercised by the State.
(Source: P.A. 86-711; revised 11-14-13.)
Section 475. The Illinois Certified Shorthand Reporters
Act of 1984 is amended by changing Sections 23 and 23.2a as
follows:
(225 ILCS 415/23) (from Ch. 111, par. 6223)
(Section scheduled to be repealed on January 1, 2024)
Sec. 23. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary or non-disciplinary action as the Department may

deem appropriate, including imposing fines not to exceed
$10,000 for each violation and the assessment of costs as
provided for in Section 23.3 of this Act, with regard to any
license for any one or combination of the following:
(1) Material misstatement in furnishing information to
the Department;
(2) Violations of this Act, or of the rules promulgated
thereunder;
(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) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act;
(5) Professional incompetence;
(6) Aiding or assisting another person, firm,
partnership or corporation in violating any provision of
this Act or 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 of a character likely to deceive,
defraud or harm the public;
(9) Habitual or excessive use or abuse of drugs defined
in law as controlled substances, alcohol, or any other
substances that results in the inability to practice with
reasonable judgment, skill, or safety;
(10) Discipline by another state, unit of government,
government agency, the District of Columbia, a territory,
or foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to those
set forth herein;
(11) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services were not rendered, or giving,
directly or indirectly, any gift or anything of value to
attorneys or their staff or any other persons or entities
associated with any litigation, that exceeds $100 total per
year; for the purposes of this Section, pro bono services,
as defined by State law, are permissible in any amount;
(12) A finding by the Board that the certificate
holder, after having his certificate placed on
probationary status, has violated the terms of probation;
(13) Willfully making or filing false records or
reports in the practice of shorthand reporting, including
but not limited to false records filed with State agencies

or departments;
(14) Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice under this
Act with reasonable judgment, skill or safety;
(15) Solicitation of professional services other than
by permitted advertising;
(16) Willful failure to take full and accurate
stenographic notes of any proceeding;
(17) Willful alteration of any stenographic notes
taken at any proceeding;
(18) Willful failure to accurately transcribe verbatim
any stenographic notes taken at any proceeding;
(19) Willful alteration of a transcript of
stenographic notes taken at any proceeding;
(20) Affixing one's signature to any transcript of his
stenographic notes or certifying to its correctness unless
the transcript has been prepared by him or under his
immediate supervision;
(21) Willful failure to systematically retain
stenographic notes or transcripts on paper or any
electronic media for 10 years from the date that the notes
or transcripts were taken;
(22) Failure to deliver transcripts in a timely manner
or in accordance with contractual agreements;
(23) Establishing contingent fees as a basis of

compensation;
(24) Mental illness or disability that results in the
inability to practice under this Act with reasonable
judgment, skill, or safety;
(25) Practicing under a false or assumed name, except
as provided by law;
(26) Cheating on or attempting to subvert the licensing
examination administered under this Act;
(27) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
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 determination by a circuit court that a certificate
holder is subject to involuntary admission or judicial
admission as provided in the Mental Health and Developmental
Disabilities Code, operates as an automatic suspension. Such
suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission, an order by the court so finding and
discharging the patient. In any case where a license is
suspended under this Section, the licensee may file a petition
for restoration and shall include evidence acceptable to the
Department that the licensee can resume practice in compliance
with acceptable and prevailing standards of the profession.

(c) In cases where the Department of Healthcare and Family
Services has previously determined 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 may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with item (5) of
subsection (a) (g) of Section 2105-15 1205-15 of the Civil
Administrative Code of Illinois.
(d) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual who
is certified under this Act or any individual who has applied
for certification under this Act to submit to a mental or
physical examination and evaluation, or both, which may include
a substance abuse or sexual offender evaluation, 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 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 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 this examination and
evaluation of the certified shorthand reporter 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 or applicant and the
examining physician or any member of the multidisciplinary
team. No authorization is necessary from the certified
shorthand reporter 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
Department finds a certified shorthand reporter unable to
practice because of the reasons set forth in this Section, the
Department shall require the certified shorthand reporter to
submit to care, counseling, or treatment by physicians approved
or designated by the Department, as a condition for continued,
reinstated, or renewed certification.
When the Secretary immediately suspends a certificate
under this Section, a hearing upon the person's certificate
must be convened by the Department within 15 days after the
suspension and completed without appreciable delay. The
Department shall have the authority to review the certified
shorthand reporter'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.

Individuals certified under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Department that they can resume practice in compliance with
acceptable and prevailing standards under the provisions of
their certification.
(e) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) (g) of Section 2105-15 of the Civil Administrative Code of
Illinois.
(f) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails 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
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied in accordance
with subsection (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(Source: P.A. 98-445, eff. 12-31-13; revised 11-14-13.)
(225 ILCS 415/23.2a)
(Section scheduled to be repealed on January 1, 2024)

Sec. 23.2a. Confidentiality. All information collected by
the Department in the course of an examination or investigation
of a licensee or applicant, including, but not limited to, any
complaint against a licensee filed with the Department and
information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and
shall not be disclosed. The Department may not disclose the
information to anyone other than law enforcement officials,
other regulatory agencies that have an appropriate regulatory
interest as determined by the Secretary, or to a party
presenting a lawful subpoena to the Department. Information and
documents disclosed to a federal, State, county, or local law
enforcement agency shall not be disclosed by the agency for any
purpose to any other agency or person. A formal complaint filed
against a licensee by the Department or any order issued by the
Department against a licensee or applicant shall be a public
record, except as otherwise prohibited by law.
(Source: P.A. 98-445, eff. 12-31-13; revised 11-12-13.)
Section 480. The Community Association Manager Licensing
and Disciplinary Act is amended by changing Section 85 as
follows:
(225 ILCS 427/85)
(Section scheduled to be repealed on January 1, 2020)
Sec. 85. Grounds for discipline; refusal, revocation, or

suspension.
(a) The Department may refuse to issue or renew a license,
or may place on probation, reprimand, suspend, or revoke any
license, or take any other disciplinary or non-disciplinary
action as the Department may deem proper and impose a fine not
to exceed $10,000 for each violation upon any licensee or
applicant under this Act or any person or entity who holds
himself, herself, or itself out as an applicant or licensee for
any one or combination of the following causes:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act or its rules.
(3) Conviction of or entry of a plea of guilty or plea
of nolo contendere to a felony or a misdemeanor under the
laws of the United States, any state, or any other
jurisdiction or entry of an administrative sanction by a
government agency in this State or any other jurisdiction.
Action taken under this paragraph (3) for a misdemeanor or
an administrative sanction is limited to a misdemeanor or
administrative sanction that has as an essential element
dishonesty or fraud, that involves larceny, embezzlement,
or obtaining money, property, or credit by false pretenses
or by means of a confidence game, or that is directly
related to the practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining a license or violating any provision of this Act

or its rules.
(5) Professional incompetence.
(6) Gross negligence.
(7) Aiding or assisting another person in violating any
provision of this Act or its rules.
(8) Failing, within 30 days, to provide information in
response to a request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud or harm the public as defined by the rules of the
Department, or violating the rules of professional conduct
adopted by the Department.
(10) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in the inability to practice with reasonable
judgment, skill, or safety.
(11) Having been disciplined by another state, the
District of Columbia, a territory, a foreign nation, or a
governmental agency authorized to impose discipline if at
least one of the grounds for the discipline is the same or
substantially equivalent of one of the grounds for which a
licensee may be disciplined under this Act. A certified
copy of the record of the action by the other state or
jurisdiction shall be prima facie evidence thereof.
(12) 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.
(13) A finding by the Department that the licensee,
after having his, her, or its license placed on
probationary status, has violated the terms of probation.
(14) Willfully making or filing false records or
reports relating to a licensee's practice, including but
not limited to false records filed with any State or
federal agencies or departments.
(15) 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.
(16) Physical illness or mental illness or impairment,
including, but not limited to, deterioration through the
aging process or loss of motor skill that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(17) Solicitation of professional services by using
false or misleading advertising.
(18) A finding that licensure has been applied for or
obtained by fraudulent means.
(19) Practicing or attempting to practice under a name

other than the full name as shown on the license or any
other legally authorized name.
(20) Gross overcharging for professional services
including, but not limited to, (i) collection of fees or
moneys for services that are not rendered; and (ii)
charging for services that are not in accordance with the
contract between the licensee and the community
association.
(21) Improper commingling of personal and client funds
in violation of this Act or any rules promulgated thereto.
(22) Failing to account for or remit any moneys or
documents coming into the licensee's possession that
belong to another person or entity.
(23) Giving differential treatment to a person that is
to that person's detriment because of race, color, creed,
sex, religion, or national origin.
(24) Performing and charging for services without
reasonable authorization to do so from the person or entity
for whom service is being provided.
(25) Failing to make available to the Department, upon
request, any books, records, or forms required by this Act.
(26) Purporting to be a supervising community
association manager of a firm without active participation
in the firm.
(27) Failing to make available to the Department at the
time of the request any indicia of licensure or

registration issued under this Act.
(28) Failing to maintain and deposit funds belonging to
a community association in accordance with subsection (b)
of Section 55 of this Act.
(29) Violating the terms of a disciplinary order issued
by the Department.
(b) In accordance with subdivision (a)(5) of Section
2105-15 15 of the Department of Professional Regulation Law of
the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15), the Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State.
(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
terminate only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of 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 as a licensed community association manager.
(d) In accordance with subsection (g) of Section 2105-15 15
of the Department of Professional Regulation Law of the Civil

Administrative Code of Illinois (20 ILCS 2105/2105-15), the
Department may refuse to issue or renew or may suspend the
license of any person who fails 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
such time as the requirements of that tax Act are satisfied.
(e) In accordance with subdivision (a)(5) of Section
2105-15 15 of the Department of Professional Regulation Law of
the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15) and in cases where the Department of Healthcare
and Family Services (formerly Department of Public Aid) has
previously determined that a licensee or a potential licensee
is more than 30 days delinquent in the payment of child support
and has subsequently certified the delinquency to the
Department may refuse to issue or renew or may revoke or
suspend that person's license or may take other disciplinary
action against that person based solely upon the certification
of delinquency made by the Department of Healthcare and Family
Services.
(f) In enforcing this Section, the Department or Board upon
a showing of a possible violation may compel a licensee or an
individual licensed to practice under this Act, or who has
applied for licensure under this Act, to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The Department or Board may order

the examining physician to present testimony concerning the
mental or physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of this examination. Failure of an
individual to submit to a mental or physical examination, when
directed, shall be grounds for suspension of his or her license
or denial of his or her application or renewal until the
individual submits to the examination if the Department finds,
after notice and hearing, that the refusal to submit to the
examination was without reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
deny, or otherwise discipline the license of the individual. An
individual whose license was granted, continued, reinstated,

renewed, disciplined or supervised subject to such terms,
conditions, or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 30 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 97-333, eff. 8-12-11; 98-365, eff. 1-1-14;
revised 11-14-13.)
Section 485. The Detection of Deception Examiners Act is
amended by changing Section 14 as follows:

(225 ILCS 430/14) (from Ch. 111, par. 2415)
(Section scheduled to be repealed on January 1, 2022)
Sec. 14. (a) The Department may refuse to issue or renew or
may revoke, suspend, place on probation, reprimand, or take
other disciplinary or non-disciplinary action as the
Department may deem appropriate, including imposing fines not
to exceed $10,000 for each violation, with regard to any
license for any one or a combination of the following:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act, or of 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 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) Making any misrepresentation for the purpose of
obtaining licensure or violating any provision of this Act
or the rules adopted under this Act pertaining to
advertising.
(5) Professional incompetence.

(6) Allowing one's license under this Act to be used by
an unlicensed person in violation of this Act.
(7) Aiding or assisting another person in violating
this Act or any rule adopted under this Act.
(8) Where the license holder has been adjudged mentally
ill, mentally deficient or subject to involuntary
admission as provided in the Mental Health and
Developmental Disabilities Code.
(9) Failing, within 60 days, to provide information in
response to a written request made by the Department.
(10) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(11) Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
or addiction to alcohol, narcotics, stimulants, or any
other chemical agent or drug.
(12) Discipline by another state, District of
Columbia, territory, 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.
(13) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(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) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of a
physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill, or a mental illness or disability.
(16) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered.
(17) Practicing under a false or, except as provided by
law, an assumed name.
(18) 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.
(19) Cheating on or attempting to subvert the licensing
examination administered under this Act.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the
fine.
(b) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a
return, or pay the tax, penalty, or interest shown in a filed
return, or 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 in accordance
with subsection (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(c) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) (g) of Section 2105-15 of the Civil Administrative Code of
Illinois.
(d) In cases where the Department of Healthcare and Family
Services has previously determined 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 may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with item (5) of
subsection (a) (g) of Section 2105-15 1205-15 of the Civil
Administrative Code of Illinois.
(e) 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 the issuance of an order so finding and discharging the
patient.
(f) 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. The examination shall be performed by a physician
licensed to practice medicine in all its branches. Failure of
an individual to submit to a mental or physical examination,
when directed, shall result in an automatic suspension without
hearing.
A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited to,
deterioration through the aging process or loss of motor skill,

is unable to practice the profession with reasonable judgment,
skill, or safety, may be required by the Department 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. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, the Department may file a complaint to
revoke, suspend, or otherwise discipline the license of the
individual. The Secretary may order the license suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in disciplinary actions involving physical or
mental illness or impairment.
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 15 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.
(Source: P.A. 97-168, eff. 7-22-11; 98-463, eff. 8-16-13;
revised 11-14-13.)
Section 490. The Highway Advertising Control Act of 1971 is
amended by changing Section 3 and by setting forth,
renumbering, and changing multiple versions of Section 15 as
follows:
(225 ILCS 440/3) (from Ch. 121, par. 503)
Sec. 3. As used in this Act, unless the context otherwise
requires, the terms defined in the Sections following this
Section and preceding Section 4 3.01 through 3.16 have the
meanings ascribed to them in those Sections.
(Source: P.A. 92-651, eff. 7-11-02; revised 11-14-13.)
(225 ILCS 440/14.1)
Sec. 14.1 15. Applicability. The changes made to this Act
by Public Act 98-56 this amendatory Act of the 98th General
Assembly shall not be applicable if the application would
impact the receipt, use, or reimbursement of federal funds by
the Illinois Department of Transportation other than the
reimbursement of Bonus Agreement funds. Any permit granted
pursuant to an inapplicable provision is void.

(Source: P.A. 98-56, eff. 7-5-13; revised 10-25-13.)
(225 ILCS 440/15)
Sec. 15. "An Act relating to the restriction, prohibition,
regulation, and control of billboards and other outdoor
advertising devices on certain lands adjacent to National
System of Interstate and Defense Highways in Illinois",
approved June 28, 1965, is repealed.
(Source: P.A. 77-1815.)
Section 495. The Home Inspector License Act is amended by
changing Section 15-10 as follows:
(225 ILCS 441/15-10)
(Section scheduled to be repealed on January 1, 2022)
Sec. 15-10. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$25,000 for each violation, with regard to any license for any
one or combination of the following:
(1) Fraud or misrepresentation in applying for, or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act.
(2) Failing to meet the minimum qualifications for

licensure as a home inspector established by this Act.
(3) Paying money, other than for the fees provided for
by this Act, or anything of value to an employee of the
Department to procure licensure under this Act.
(4) 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; (ii) that is a misdemeanor, an essential
element of which is dishonesty, or that is directly related
to the practice of the profession; or (iii) that is a crime
that subjects the licensee to compliance with the
requirements of the Sex Offender Registration Act.
(5) Committing an act or omission involving
dishonesty, fraud, or misrepresentation with the intent to
substantially benefit the licensee or another person or
with the intent to substantially injure another person.
(6) Violating a provision or standard for the
development or communication of home inspections as
provided in Section 10-5 of this Act or as defined in the
rules.
(7) Failing or refusing to exercise reasonable
diligence in the development, reporting, or communication
of a home inspection report, as defined by this Act or the

rules.
(8) Violating a provision of this Act or the rules.
(9) Having been disciplined by another state, the
District of Columbia, a territory, a foreign nation, a
governmental agency, or any other entity authorized to
impose discipline if at least one of the grounds for that
discipline is the same as or substantially equivalent to
one of the grounds for which a licensee may be disciplined
under this Act.
(10) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(11) Accepting an inspection assignment when the
employment itself is contingent upon the home inspector
reporting a predetermined analysis or opinion, or when the
fee to be paid is contingent upon the analysis, opinion, or
conclusion reached or upon the consequences resulting from
the home inspection assignment.
(12) Developing home inspection opinions or
conclusions based on the race, color, religion, sex,
national origin, ancestry, age, marital status, family
status, physical or mental disability, or unfavorable
military discharge, as defined under the Illinois Human
Rights Act, of the prospective or present owners or
occupants of the area or property under home inspection.
(13) Being adjudicated liable in a civil proceeding on

grounds of fraud, misrepresentation, or deceit. In a
disciplinary proceeding based upon a finding of civil
liability, the home inspector shall be afforded an
opportunity to present mitigating and extenuating
circumstances, but may not collaterally attack the civil
adjudication.
(14) Being adjudicated liable in a civil proceeding for
violation of a State or federal fair housing law.
(15) Engaging in misleading or untruthful advertising
or using a trade name or insignia of membership in a home
inspection organization of which the licensee is not a
member.
(16) Failing, within 30 days, to provide information in
response to a written request made by the Department.
(17) Failing to include within the home inspection
report the home inspector's license number and the date of
expiration of the license. All home inspectors providing
significant contribution to the development and reporting
of a home inspection must be disclosed in the home
inspection report. It is a violation of this Act for a home
inspector to sign a home inspection report knowing that a
person providing a significant contribution to the report
has not been disclosed in the home inspection report.
(18) Advising a client as to whether the client should
or should not engage in a transaction regarding the
residential real property that is the subject of the home

inspection.
(19) Performing a home inspection in a manner that
damages or alters the residential real property that is the
subject of the home inspection without the consent of the
owner.
(20) Performing a home inspection when the home
inspector is providing or may also provide other services
in connection with the residential real property or
transaction, or has an interest in the residential real
property, without providing prior written notice of the
potential or actual conflict and obtaining the prior
consent of the client as provided by rule.
(21) Aiding or assisting another person in violating
any provision of this Act or rules adopted under this Act.
(22) Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
or addiction to alcohol, narcotics, stimulants, or any
other chemical agent or drug.
(23) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(24) 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.
(25) Charging for professional services not rendered,
including filing false statements for the collection of

fees for which services are not rendered.
(26) Practicing under a false or, except as provided by
law, an assumed name.
(27) Cheating on or attempting to subvert the licensing
examination administered under this Act.
(b) The Department may suspend, revoke, or refuse to issue
or renew an education provider's license, may reprimand, place
on probation, or otherwise discipline an education provider
licensee, and may suspend or revoke the course approval of any
course offered by an education provider, for any of the
following:
(1) Procuring or attempting to procure licensure by
knowingly making a false statement, submitting false
information, making any form of fraud or
misrepresentation, or refusing to provide complete
information in response to a question in an application for
licensure.
(2) Failing to comply with the covenants certified to
on the application for licensure as an education provider.
(3) Committing an act or omission involving
dishonesty, fraud, or misrepresentation or allowing any
such act or omission by any employee or contractor under
the control of the education provider.
(4) Engaging in misleading or untruthful advertising.
(5) Failing to retain competent instructors in
accordance with rules adopted under this Act.

(6) Failing to meet the topic or time requirements for
course approval as the provider of a pre-license curriculum
course or a continuing education course.
(7) Failing to administer an approved course using the
course materials, syllabus, and examinations submitted as
the basis of the course approval.
(8) Failing to provide an appropriate classroom
environment for presentation of courses, with
consideration for student comfort, acoustics, lighting,
seating, workspace, and visual aid material.
(9) Failing to maintain student records in compliance
with the rules adopted under this Act.
(10) Failing to provide a certificate, transcript, or
other student record to the Department or to a student as
may be required by rule.
(11) Failing to fully cooperate with a Department
investigation by knowingly making a false statement,
submitting false or misleading information, or refusing to
provide complete information in response to written
interrogatories or a written request for documentation
within 30 days of the request.
(c) In appropriate cases, the Department may resolve a
complaint against a licensee through the issuance of a Consent
to Administrative Supervision order. A licensee subject to a
Consent to Administrative Supervision order shall be
considered by the Department as an active licensee in good

standing. This order shall not be reported as or considered by
the Department to be a discipline of the licensee. The records
regarding an investigation and a Consent to Administrative
Supervision order shall be considered confidential and shall
not be released by the Department except as mandated by law.
The complainant shall be notified that his or her complaint has
been resolved by a Consent to Administrative Supervision order.
(d) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a tax
return, to pay the tax, penalty, or interest shown in a filed
tax 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 the tax Act are satisfied in accordance with
subsection (g) of Section 2105-15 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 defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) (g) of Section 2105-15 of the Civil Administrative Code of
Illinois.
(f) In cases where the Department of Healthcare and Family
Services 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 may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person based
solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance with
item (5) of subsection (a) (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(g) 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 the issuance of a court order so finding and discharging
the patient.
(h) 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 physician 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. The examination shall be performed by a physician
licensed to practice medicine in all its branches. Failure of
an individual to submit to a mental or physical examination,
when directed, shall result in an automatic suspension without
hearing.
A person holding a license under this Act or who has
applied for a license under this Act, who, because of a
physical or mental illness or disability, including, but not
limited to, deterioration through the aging process or loss of
motor skill, is unable to practice the profession with
reasonable judgment, skill, or safety, may be required by the
Department 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. Submission to care, counseling,
or treatment as required by the Department shall not be
considered discipline of a license. If the licensee refuses to
enter into a care, counseling, or treatment agreement or fails
to abide by the terms of the agreement, the Department may file
a complaint to revoke, suspend, or otherwise discipline the
license of the individual. The Secretary may order the license

suspended immediately, pending a hearing by the Department.
Fines shall not be assessed in disciplinary actions involving
physical or mental illness or impairment.
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 15 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.
(Source: P.A. 97-226, eff. 7-28-11; 97-877, eff. 8-2-12;
revised 11-14-13.)
Section 500. The Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004 is
amended by changing Section 25-20 as follows:
(225 ILCS 447/25-20)
(Section scheduled to be repealed on January 1, 2024)

Sec. 25-20. Training; private security contractor and
employees.
(a) Registered employees of the private security
contractor agency who provide traditional guarding or other
private security related functions or who respond to alarm
systems shall complete, within 30 days of their employment, a
minimum of 20 hours of classroom basic training provided by a
qualified instructor, which shall include the following
subjects:
(1) The law regarding arrest and search and seizure as
it applies to private security.
(2) Civil and criminal liability for acts related to
private security.
(3) The use of force, including but not limited to the
use of nonlethal force (i.e., disabling spray, baton,
stungun or similar weapon).
(4) Arrest and control techniques.
(5) The offenses under the Criminal Code of 2012 that
are directly related to the protection of persons and
property.
(6) The law on private security forces and on reporting
to law enforcement agencies.
(7) Fire prevention, fire equipment, and fire safety.
(8) The procedures for report writing.
(9) Civil rights and public relations.
(10) The identification of terrorists, acts of

terrorism, and terrorist organizations, as defined by
federal and State statutes.
(b) All other employees of a private security contractor
agency shall complete a minimum of 20 hours of training
provided by the qualified instructor within 30 days of their
employment. The substance of the training shall be related to
the work performed by the registered employee.
(c) Registered employees of the private security
contractor agency who provide guarding or other private
security related functions, in addition to the classroom
training required under subsection (a), within 6 months of
their employment, shall complete an additional 8 hours of
training on subjects to be determined by the employer, which
training may be site-specific and may be conducted on the job.
(d) In addition to the basic training provided for in
subsections (a) and (c), registered employees of the private
security contractor agency who provide guarding or other
private security related functions shall complete an
additional 8 hours of refresher training on subjects to be
determined by the employer each calendar year commencing with
the calendar year following the employee's first employment
anniversary date, which refresher training may be
site-specific and may be conducted on the job.
(e) It is the responsibility of the employer to certify, on
a form provided by the Department, that the employee has
successfully completed the basic and refresher training. The

form shall be a permanent record of training completed by the
employee and shall be placed in the employee's file with the
employer for the period the employee remains with the employer.
An agency may place a notarized copy of the Department form in
lieu of the original into the permanent employee registration
card file. The original form shall be given to the employee
when his or her employment is terminated. Failure to return the
original form to the employee is grounds for disciplinary
action. The employee shall not be required to repeat the
required training once the employee has been issued the form.
An employer may provide or require additional training.
(f) Any certification of completion of the 20-hour basic
training issued under the Private Detective, Private Alarm,
Private Security and Locksmith Act of 1993 or any prior Act
shall be accepted as proof of training under this Act.
(Source: P.A. 97-1150, eff. 1-25-13; 98-253, eff. 8-9-13;
revised 9-24-13.)
Section 505. The Illinois Public Accounting Act is amended
by changing Sections 2.1 and 28 as follows:
(225 ILCS 450/2.1) (from Ch. 111, par. 5503)
(Section scheduled to be repealed on January 1, 2024)
Sec. 2.1. Illinois Administrative Procedure Act. The
Illinois Administrative Procedure Act is hereby expressly
adopted and incorporated herein as if all of the provisions of

that Act were included in this Act, except that the provision
of subsection (d) of Section 10-65 of the Illinois
Administrative Procedure Act that provides that at hearings the
licensee has the right to show compliance with all lawful
requirements for retention, continuation or renewal of the
license is specifically excluded. For the purposes of this Act
the notice required under Section 10-25 of the Illinois
Administrative Procedure Act is deemed sufficient when mailed
to the licensee's address of record.
(Source: P.A. 98-254, eff. 8-9-13; revised 11-14-13.)
(225 ILCS 450/28) (from Ch. 111, par. 5534)
(Section scheduled to be repealed on January 1, 2024)
Sec. 28. Criminal penalties. Each of the following acts
perpetrated in the State of Illinois is a Class A misdemeanor: .
(a) the practice of accountancy activities as defined
in paragraph (1) of subsection (a) of Section 8.05 without
an active CPA license in violation of the provisions of
this Act;
(b) the obtaining or attempting to obtain licensure as
a licensed CPA or registration as a registered CPA by
fraud;
(c) the use of the title "Certified Public Accountant",
"public accountant", or the abbreviation "C.P.A.", "RCPA",
"LCPA", "PA" or use of any similar words or letters
indicating the user is a certified public accountant, or

the title "Registered Certified Public Accountant";
(c-5) (blank);
(d) the use of the title "Certified Public Accountant",
"public accountant", or the abbreviation "C.P.A.", "RCPA",
"LCPA", "PA" or any similar words or letters indicating
that the members are certified public accountants, by any
partnership, limited liability company, corporation, or
other entity in violation of this Act;
(e) the unauthorized practice in the performance of
accountancy activities as defined in Section 8.05 and in
violation of this Act;
(f) (blank);
(g) making false statements to the Department
regarding compliance with continuing professional
education or peer review requirements;
(h) (Blank).
(Source: P.A. 98-254, eff. 8-9-13; revised 11-12-13.)
Section 510. The Real Estate License Act of 2000 is amended
by changing Sections 5-32 and 20-20 as follows:
(225 ILCS 454/5-32)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-32. Real estate auction certification.
(a) An auctioneer licensed under the Auction License Act
who does not possess a valid and active broker's or managing

broker's license under this Act, or who is not otherwise exempt
from licensure, may not engage in the practice of auctioning
real estate, except as provided in this Section.
(b) The Department shall issue a real estate auction
certification to applicants who:
(1) possess a valid auctioneer's license under the
Auction License Act;
(2) successfully complete a real estate auction course
of at least 30 hours approved by the Department, which
shall cover the scope of activities that may be engaged in
by a person holding a real estate auction certification and
the activities for which a person must hold a real estate
license, as well as other material as provided by the
Department;
(3) provide documentation of the completion of the real
estate auction course; and
(4) successfully complete any other reasonable
requirements as provided by rule.
(c) The auctioneer's role shall be limited to establishing
the time, place, and method of the real estate auction, placing
advertisements regarding the auction, and crying or calling the
auction; any other real estate brokerage activities must be
performed by a person holding a valid and active real estate
broker's or managing broker's license under the provisions of
this Act or by a person who is exempt from holding a license
under paragraph (13) of Section 5-20 who has a certificate

under this Section.
(d) An auctioneer who conducts any real estate auction
activities in violation of this Section is guilty of unlicensed
practice under Section 20-10 of this Act.
(e) The Department may revoke, suspend, or otherwise
discipline the real estate auction certification of an
auctioneer who is adjudicated to be in violation of the
provisions of this Section or Section 20-15 of the Auction
License Act.
(f) Advertising for the real estate auction must contain
the name and address of the licensed real estate broker,
managing broker, or a licensed auctioneer under paragraph (13)
of Section 5-20 of this Act who is providing brokerage services
for the transaction.
(g) The requirement to hold a real estate auction
certification shall not apply to a person exempt from this Act
under the provisions of paragraph (13) of Section subsection
5-20 of this Act, unless that person is performing licensed
activities in a transaction in which a licensed auctioneer with
a real estate certification is providing the limited services
provided for in subsection (c) of this Section.
(h) Nothing in this Section shall require a person licensed
under this Act as a real estate broker or managing broker to
obtain a real estate auction certification in order to auction
real estate.
(i) The Department may adopt rules to implement this

Section.
(Source: P.A. 98-553, eff. 1-1-14; revised 11-15-13.)
(225 ILCS 454/20-20)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20-20. Grounds for discipline.
(a) The Department may refuse to issue or renew a license,
may place on probation, suspend, or revoke any license,
reprimand, or take any other disciplinary or non-disciplinary
action as the Department may deem proper and impose a fine not
to exceed $25,000 upon any licensee or applicant under this Act
or any person who holds himself or herself out as an applicant
or licensee or against a licensee in handling his or her own
property, whether held by deed, option, or otherwise, for any
one or any combination of the following causes:
(1) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(2) The conviction of or plea of guilty or plea of nolo
contendere to a felony or misdemeanor in this State or any
other jurisdiction; or the entry of an administrative
sanction by a government agency in this State or any other
jurisdiction. Action taken under this paragraph (2) for a
misdemeanor or an administrative sanction is limited to a
misdemeanor or administrative sanction that has as an
essential element dishonesty or fraud or involves larceny,

embezzlement, or obtaining money, property, or credit by
false pretenses or by means of a confidence game.
(3) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of a
physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill, or a mental illness or disability.
(4) Practice under this Act as a licensee in a retail
sales establishment from an office, desk, or space that is
not separated from the main retail business by a separate
and distinct area within the establishment.
(5) Having been disciplined by another state, the
District of Columbia, a territory, a foreign nation, or a
governmental agency authorized to impose discipline if at
least one of the grounds for that discipline is the same as
or the equivalent of one of the grounds for which a
licensee may be disciplined under this Act. A certified
copy of the record of the action by the other state or
jurisdiction shall be prima facie evidence thereof.
(6) Engaging in the practice of real estate brokerage
without a license or after the licensee's license was
expired or while the license was inoperative.
(7) Cheating on or attempting to subvert the Real
Estate License Exam or continuing education exam.
(8) Aiding or abetting an applicant to subvert or cheat
on the Real Estate License Exam or continuing education

exam administered pursuant to this Act.
(9) Advertising that is inaccurate, misleading, or
contrary to the provisions of the Act.
(10) Making any substantial misrepresentation or
untruthful advertising.
(11) Making any false promises of a character likely to
influence, persuade, or induce.
(12) Pursuing a continued and flagrant course of
misrepresentation or the making of false promises through
licensees, employees, agents, advertising, or otherwise.
(13) Any misleading or untruthful advertising, or
using any trade name or insignia of membership in any real
estate organization of which the licensee is not a member.
(14) Acting for more than one party in a transaction
without providing written notice to all parties for whom
the licensee acts.
(15) Representing or attempting to represent a broker
other than the sponsoring broker.
(16) Failure to account for or to remit any moneys or
documents coming into his or her possession that belong to
others.
(17) Failure to maintain and deposit in a special
account, separate and apart from personal and other
business accounts, all escrow moneys belonging to others
entrusted to a licensee while acting as a real estate
broker, escrow agent, or temporary custodian of the funds

of others or failure to maintain all escrow moneys on
deposit in the account until the transactions are
consummated or terminated, except to the extent that the
moneys, or any part thereof, shall be:
(A) disbursed prior to the consummation or
termination (i) in accordance with the written
direction of the principals to the transaction or their
duly authorized agents, (ii) in accordance with
directions providing for the release, payment, or
distribution of escrow moneys contained in any written
contract signed by the principals to the transaction or
their duly authorized agents, or (iii) pursuant to an
order of a court of competent jurisdiction; or
(B) deemed abandoned and transferred to the Office
of the State Treasurer to be handled as unclaimed
property pursuant to the Uniform Disposition of
Unclaimed Property Act. Escrow moneys may be deemed
abandoned under this subparagraph (B) only: (i) in the
absence of disbursement under subparagraph (A); (ii)
in the absence of notice of the filing of any claim in
a court of competent jurisdiction; and (iii) if 6
months have elapsed after the receipt of a written
demand for the escrow moneys from one of the principals
to the transaction or the principal's duly authorized
agent.
The account shall be noninterest bearing, unless the

character of the deposit is such that payment of interest
thereon is otherwise required by law or unless the
principals to the transaction specifically require, in
writing, that the deposit be placed in an interest bearing
account.
(18) Failure to make available to the Department all
escrow records and related documents maintained in
connection with the practice of real estate within 24 hours
of a request for those documents by Department personnel.
(19) Failing to furnish copies upon request of
documents relating to a real estate transaction to a party
who has executed that document.
(20) Failure of a sponsoring broker to timely provide
information, sponsor cards, or termination of licenses to
the Department.
(21) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(22) Commingling the money or property of others with
his or her own money or property.
(23) Employing any person on a purely temporary or
single deal basis as a means of evading the law regarding
payment of commission to nonlicensees on some contemplated
transactions.
(24) Permitting the use of his or her license as a
broker to enable a salesperson or unlicensed person to

operate a real estate business without actual
participation therein and control thereof by the broker.
(25) Any other conduct, whether of the same or a
different character from that specified in this Section,
that constitutes dishonest dealing.
(26) Displaying a "for rent" or "for sale" sign on any
property without the written consent of an owner or his or
her duly authorized agent or advertising by any means that
any property is for sale or for rent without the written
consent of the owner or his or her authorized agent.
(27) Failing to provide information requested by the
Department, or otherwise respond to that request, within 30
days of the request.
(28) Advertising by means of a blind advertisement,
except as otherwise permitted in Section 10-30 of this Act.
(29) Offering guaranteed sales plans, as defined in
clause (A) of this subdivision (29), except to the extent
hereinafter set forth:
(A) A "guaranteed sales plan" is any real estate
purchase or sales plan whereby a licensee enters into a
conditional or unconditional written contract with a
seller, prior to entering into a brokerage agreement
with the seller, by the terms of which a licensee
agrees to purchase a property of the seller within a
specified period of time at a specific price in the
event the property is not sold in accordance with the

terms of a brokerage agreement to be entered into
between the sponsoring broker and the seller.
(B) A licensee offering a guaranteed sales plan
shall provide the details and conditions of the plan in
writing to the party to whom the plan is offered.
(C) A licensee offering a guaranteed sales plan
shall provide to the party to whom the plan is offered
evidence of sufficient financial resources to satisfy
the commitment to purchase undertaken by the broker in
the plan.
(D) Any licensee offering a guaranteed sales plan
shall undertake to market the property of the seller
subject to the plan in the same manner in which the
broker would market any other property, unless the
agreement with the seller provides otherwise.
(E) The licensee cannot purchase seller's property
until the brokerage agreement has ended according to
its terms or is otherwise terminated.
(F) Any licensee who fails to perform on a
guaranteed sales plan in strict accordance with its
terms shall be subject to all the penalties provided in
this Act for violations thereof and, in addition, shall
be subject to a civil fine payable to the party injured
by the default in an amount of up to $25,000.
(30) Influencing or attempting to influence, by any
words or acts, a prospective seller, purchaser, occupant,

landlord, or tenant of real estate, in connection with
viewing, buying, or leasing real estate, so as to promote
or tend to promote the continuance or maintenance of
racially and religiously segregated housing or so as to
retard, obstruct, or discourage racially integrated
housing on or in any street, block, neighborhood, or
community.
(31) Engaging in any act that constitutes a violation
of any provision of Article 3 of the Illinois Human Rights
Act, whether or not a complaint has been filed with or
adjudicated by the Human Rights Commission.
(32) Inducing any party to a contract of sale or lease
or brokerage agreement to break the contract of sale or
lease or brokerage agreement for the purpose of
substituting, in lieu thereof, a new contract for sale or
lease or brokerage agreement with a third party.
(33) Negotiating a sale, exchange, or lease of real
estate directly with any person if the licensee knows that
the person has an exclusive brokerage agreement with
another broker, unless specifically authorized by that
broker.
(34) When a licensee is also an attorney, acting as the
attorney for either the buyer or the seller in the same
transaction in which the licensee is acting or has acted as
a broker or salesperson.
(35) Advertising or offering merchandise or services

as free if any conditions or obligations necessary for
receiving the merchandise or services are not disclosed in
the same advertisement or offer. These conditions or
obligations include without limitation the requirement
that the recipient attend a promotional activity or visit a
real estate site. As used in this subdivision (35), "free"
includes terms such as "award", "prize", "no charge", "free
of charge", "without charge", and similar words or phrases
that reasonably lead a person to believe that he or she may
receive or has been selected to receive something of value,
without any conditions or obligations on the part of the
recipient.
(36) Disregarding or violating any provision of the
Land Sales Registration Act of 1989, the Illinois Real
Estate Time-Share Act, or the published rules promulgated
by the Department to enforce those Acts.
(37) Violating the terms of a disciplinary order issued
by the Department.
(38) Paying or failing to disclose compensation in
violation of Article 10 of this Act.
(39) Requiring a party to a transaction who is not a
client of the licensee to allow the licensee to retain a
portion of the escrow moneys for payment of the licensee's
commission or expenses as a condition for release of the
escrow moneys to that party.
(40) Disregarding or violating any provision of this

Act or the published rules promulgated by the Department to
enforce this Act or aiding or abetting any individual,
partnership, registered limited liability partnership,
limited liability company, or corporation in disregarding
any provision of this Act or the published rules
promulgated by the Department to enforce this Act.
(41) Failing to provide the minimum services required
by Section 15-75 of this Act when acting under an exclusive
brokerage agreement.
(42) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in a managing broker, broker, salesperson, or
leasing agent's inability to practice with reasonable
skill or safety.
(43) Enabling, aiding, or abetting an auctioneer, as
defined in the Auction License Act, to conduct a real
estate auction in a manner that is in violation of this
Act.
(b) The Department may refuse to issue or renew or may
suspend the license of any person who fails to file a return,
pay the tax, penalty or interest shown in a filed return, or
pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until such time as the requirements of that tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Civil Administrative Code of Illinois.

(c) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) (g) of Section 2105-15 of the Civil Administrative Code of
Illinois.
(d) In cases where the Department of Healthcare and Family
Services (formerly Department of Public Aid) has previously
determined that a licensee or a potential licensee is more than
30 days delinquent in the payment of child support and has
subsequently certified the delinquency to the Department may
refuse to issue or renew or may revoke or suspend that person's
license or may take other disciplinary action against that
person based solely upon the certification of delinquency made
by the Department of Healthcare and Family Services in
accordance with item (5) of subsection (a) (g) of Section
2105-15 of the Civil Administrative Code of Illinois.
(e) In enforcing this Section, the Department or Board upon
a showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No

information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of this examination. Failure of an
individual to submit to a mental or physical examination, when
directed, shall be grounds for suspension of his or her license
until the individual submits to the examination if the
Department finds, after notice and hearing, that the refusal to
submit to the examination was without reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual. An
individual whose license was granted, continued, reinstated,
renewed, disciplined or supervised subject to such terms,
conditions, or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the

Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 30 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 97-813, eff. 7-13-12; 97-1002, eff. 8-17-12;
98-553, eff. 1-1-14; revised 11-14-13.)
Section 515. The Hydraulic Fracturing Regulatory Act is
amended by changing Sections 1-15, 1-35, 1-60, 1-70, 1-75, and
1-95 as follows:
(225 ILCS 732/1-15)
Sec. 1-15. Powers and duties.

(a) Except as otherwise provided, the Department shall
enforce this Act and all rules and orders adopted in accordance
with this Act.
(b) Except as otherwise provided, the Department shall have
jurisdiction and authority over all persons and property
necessary to enforce the provisions of this Act effectively. In
aid of this jurisdiction, the Director, or anyone designated in
writing by the Director, shall have the authority to administer
oaths and to issue subpoenas for the production of records or
other documents and for the attendance of witnesses at any
proceedings of the Department.
(c) The Department may authorize any employee of the
Department, qualified by training and experience, to perform
the powers and duties set forth in this Act.
(d) For the purpose of determining compliance with the
provisions of this Act and any orders or rules entered or
adopted under this Act, the Department shall have the right at
all times to go upon and inspect properties where high volume
horizontal hydraulic fracturing operations are being or have
been conducted.
(e) The Department shall make any inquiries as it may deem
proper to determine whether a violation of this Act or any
orders or rules entered or adopted under this Act exists or is
imminent. In the exercise of these powers, the Department shall
have the authority to collect data; to require testing and
sampling; to make investigation and inspections; to examine

properties, including records and logs; to examine, check, and
test hydrocarbon wells; to hold hearings; to adopt
administrative rules; and to take any action as may be
reasonably necessary to enforce this Act.
(f) Except as otherwise provided, the Department may
specify the manner in which all information required to be
submitted under this Act is submitted.
(Source: P.A. 98-22, eff. 6-17-13; revised 11-18-13.)
(225 ILCS 732/1-35)
Sec. 1-35. High volume horizontal hydraulic fracturing
permit application.
(a) Every applicant for a permit under this Act shall first
register with the Department at least 30 days before applying
for a permit. The Department shall make available a
registration form within 90 days after the effective date of
this Act. The registration form shall require the following
information:
(1) the name and address of the registrant and any
parent, subsidiary, or affiliate thereof;
(2) disclosure of all findings of a serious violation
or an equivalent violation under federal or state laws or
regulations in the development or operation of an oil or
gas exploration or production site via hydraulic
fracturing by the applicant or any parent, subsidiary, or
affiliate thereof within the previous 5 years; and

(3) proof of insurance to cover injuries, damages, or
loss related to pollution or diminution in the amount of at
least $5,000,000, from an insurance carrier authorized,
licensed, or permitted to do this insurance business in
this State that holds at least an A- rating by A.M. Best &
Co. or any comparable rating service.
A registrant must notify the Department of any change in
the information identified in paragraphs (1), (2), or (3) of
this subsection (a) at least annually or upon request of the
Department.
(b) Every applicant for a permit under this Act must submit
the following information to the Department on an application
form provided by the Department:
(1) the name and address of the applicant and any
parent, subsidiary, or affiliate thereof;
(2) the proposed well name and address and legal
description of the well site and its unit area;
(3) a statement whether the proposed location of the
well site is in compliance with the requirements of Section
1-25 of this Act and a plat, which shows the proposed
surface location of the well site, providing the distance
in feet, from the surface location of the well site to the
features described in subsection (a) of Section 1-25 of
this Act;
(4) a detailed description of the proposed well to be
used for the high volume horizontal hydraulic fracturing

operations including, but not limited to, the following
information:
(A) the approximate total depth to which the well
is to be drilled or deepened;
(B) the proposed angle and direction of the well;
(C) the actual depth or the approximate depth at
which the well to be drilled deviates from vertical;
(D) the angle and direction of any nonvertical
portion of the wellbore until the well reaches its
total target depth or its actual final depth; and
(E) the estimated length and direction of the
proposed horizontal lateral or wellbore;
(5) the estimated depth and elevation, according to the
most recent publication of the Illinois State Geological
Survey of Groundwater for the location of the well, of the
lowest potential fresh water along the entire length of the
proposed wellbore;
(6) a detailed description of the proposed high volume
horizontal hydraulic fracturing operations, including, but
not limited to, the following:
(A) the formation affected by the high volume
horizontal hydraulic fracturing operations, including,
but not limited to, geologic name and geologic
description of the formation that will be stimulated by
the operation;
(B) the anticipated surface treating pressure

range;
(C) the maximum anticipated injection treating
pressure;
(D) the estimated or calculated fracture pressure
of the producing and confining zones; and
(E) the planned depth of all proposed perforations
or depth to the top of the open hole section;
(7) a plat showing all known previous wellbores well
bores within 750 feet of any part of the horizontal
wellbore well bore that penetrated within 400 vertical feet
of the formation that will be stimulated as part of the
high volume horizontal hydraulic fracturing operations;
(8) unless the applicant documents why the information
is not available at the time the application is submitted,
a chemical disclosure report identifying each chemical and
proppant anticipated to be used in hydraulic fracturing
fluid for each stage of the hydraulic fracturing operations
including the following:
(A) the total volume of water anticipated to be
used in the hydraulic fracturing treatment of the well
or the type and total volume of the base fluid
anticipated to be used in the hydraulic fracturing
treatment, if something other than water;
(B) each hydraulic fracturing additive anticipated
to be used in the hydraulic fracturing fluid, including
the trade name, vendor, a brief descriptor of the

intended use or function of each hydraulic fracturing
additive, and the Material Safety Data Sheet (MSDS), if
applicable;
(C) each chemical anticipated to be intentionally
added to the base fluid, including for each chemical,
the Chemical Abstracts Service number, if applicable;
and
(D) the anticipated concentration in the base
fluid, in percent by mass, of each chemical to be
intentionally added to the base fluid;
(9) a certification of compliance with the Water Use
Act of 1983 and applicable regional water supply plans;
(10) a fresh water withdrawal and management plan that
shall include the following information:
(A) the source of the water, such as surface or
groundwater, anticipated to be used for water
withdrawals, and the anticipated withdrawal location;
(B) the anticipated volume and rate of each water
withdrawal from each withdrawal location;
(C) the anticipated months when water withdrawals
shall be made from each withdrawal location;
(D) the methods to be used to minimize water
withdrawals as much as feasible; and
(E) the methods to be used for surface water
withdrawals to minimize adverse impact to aquatic
life.

Where a surface water source is wholly contained within
a single property, and the owner of the property expressly
agrees in writing to its use for water withdrawals, the
applicant is not required to include this surface water
source in the fresh water withdrawal and management plan; .
(11) a plan for the handling, storage, transportation,
and disposal or reuse of hydraulic fracturing fluids and
hydraulic fracturing flowback. The plan shall identify the
specific Class II injection well or wells that will be used
to dispose of the hydraulic fracturing flowback. The plan
shall describe the capacity of the tanks to be used for the
capture and storage of flowback and of the lined reserve
pit to be used, if necessary, to temporarily store any
flowback in excess of the capacity of the tanks.
Identification of the Class II injection well or wells
shall be by name, identification number, and specific
location and shall include the date of the most recent
mechanical integrity test for each Class II injection well;
(12) a well site safety plan to address proper safety
measures to be employed during high volume horizontal
hydraulic fracturing operations for the protection of
persons on the site as well as the general public. Within
15 calendar days after submitting the permit application to
the Department, the applicant must provide a copy of the
plan to the county or counties in which hydraulic
fracturing operations will occur. Within 5 calendar days of

its receipt, the Department shall provide a copy of the
well site safety plan to the Office of the State Fire
Marshal;
(13) a containment plan describing the containment
practices and equipment to be used and the area of the well
site where containment systems will be employed, and within
5 calendar days of its receipt, the Department shall
provide a copy of the containment plan to the Office of the
State Fire Marshal;
(14) a casing and cementing plan that describes the
casing and cementing practices to be employed, including
the size of each string of pipe, the starting point, and
depth to which each string is to be set and the extent to
which each string is to be cemented;
(15) a traffic management plan that identifies the
anticipated roads, streets, and highways that will be used
for access to and egress from the well site. The traffic
management plan will include a point of contact to discuss
issues related to traffic management. Within 15 calendar
days after submitting the permit application to the
Department, the applicant must provide a copy of the
traffic management plan to the county or counties in which
the well site is located, and within 5 calendar days of its
receipt, the Department shall provide a copy of the traffic
management plan to the Office of the State Fire Marshal;
(16) the names and addresses of all owners of any real

property within 1,500 feet of the proposed well site, as
disclosed by the records in the office of the recorder of
the county or counties;
(17) drafts of the specific public notice and general
public notice as required by Section 1-40 of this Act;
(18) a statement that the well site at which the high
volume horizontal hydraulic fracturing operation will be
conducted will be restored in compliance with Section
240.1181 of Title 62 of the Illinois Administrative Code
and Section 1-95 of this Act;
(19) proof of insurance to cover injuries, damages, or
loss related to pollution in the amount of at least
$5,000,000; and
(20) any other relevant information which the
Department may, by rule, require.
(c) Where an application is made to conduct high volume
horizontal fracturing operations at a well site located within
the limits of any city, village, or incorporated town, the
application shall state the name of the city, village, or
incorporated town and be accompanied with a certified copy of
the official consent for the hydraulic fracturing operations to
occur from the municipal authorities where the well site is
proposed to be located. No permit shall be issued unless
consent is secured and filed with the permit application. In
the event that an amended location is selected, the original
permit shall not be valid unless a new certified consent is

filed for the amended location.
(d) The hydraulic fracturing permit application shall be
accompanied by a bond as required by subsection (a) of Section
1-65 of this Act.
(e) Each application for a permit under this Act shall
include payment of a non-refundable fee of $13,500. Of this
fee, $11,000 shall be deposited into the Mines and Minerals
Regulatory Fund for the Department to use to administer and
enforce this Act and otherwise support the operations and
programs of the Office of Mines and Minerals. The remaining
$2,500 shall be deposited into the Illinois Clean Water Fund
for the Agency to use to carry out its functions under this
Act. The Department shall not initiate its review of the permit
application until the applicable fee under this subsection (e)
has been submitted to and received by the Department.
(f) Each application submitted under this Act shall be
signed, under the penalty of perjury, by the applicant or the
applicant's designee who has been vested with the authority to
act on behalf of the applicant and has direct knowledge of the
information contained in the application and its attachments.
Any person signing an application shall also sign an affidavit
with the following certification:
"I certify, under penalty of perjury as provided by law
and under penalty of refusal, suspension, or revocation of
a high volume horizontal hydraulic fracturing permit, that
this application and all attachments are true, accurate,

and complete to the best of my knowledge.".
(g) The permit application shall be submitted to the
Department in both electronic and hard copy format. The
electronic format shall be searchable.
(h) The application for a high volume horizontal hydraulic
fracturing permit may be submitted as a combined permit
application with the operator's application to drill on a form
as the Department shall prescribe. The combined application
must include the information required in this Section. If the
operator elects to submit a combined permit application,
information required by this Section that is duplicative of
information required for an application to drill is only
required to be provided once as part of the combined
application. The submission of a combined permit application
under this subsection shall not be interpreted to relieve the
applicant or the Department from complying with the
requirements of this Act or the Illinois Oil and Gas Act.
(i) Upon receipt of a permit application, the Department
shall have no more than 60 calendar days from the date it
receives the permit application to approve, with any conditions
the Department may find necessary, or reject the application
for the high volume horizontal hydraulic fracturing permit. The
applicant may waive, in writing, the 60-day deadline upon its
own initiative or in response to a request by the Department.
(j) If at any time during the review period the Department
determines that the permit application is not complete under

this Act, does not meet the requirements of this Section, or
requires additional information, the Department shall notify
the applicant in writing of the application's deficiencies and
allow the applicant to correct the deficiencies and provide the
Department any information requested to complete the
application. If the applicant fails to provide adequate
supplemental information within the review period, the
Department may reject the application.
(Source: P.A. 98-22, eff. 6-17-13; revised 11-12-13.)
(225 ILCS 732/1-60)
Sec. 1-60. High volume horizontal hydraulic fracturing
permit; denial, suspension, or revocation.
(a) The Department may suspend, revoke, or refuse to issue
a high volume horizontal hydraulic fracturing permit under this
Act for one or more of the following causes:
(1) providing incorrect, misleading, incomplete, or
materially untrue information in a permit application or
any document required to be filed with the Department;
(2) violating any condition of the permit;
(3) violating any provision of or any regulation
adopted under this Act or the Illinois Oil and Gas Act;
(4) using fraudulent, coercive, or dishonest
practices, or demonstrating incompetence,
untrustworthiness, or financial irresponsibility in the
conduct of business in this State or elsewhere;

(5) having a high volume horizontal hydraulic
fracturing permit, or its equivalent, revoked in any other
state, province, district, or territory for incurring a
material or major violation or using fraudulent or
dishonest practices; or
(6) an emergency condition exists under which conduct
of the high volume horizontal hydraulic fracturing
operations would pose a significant hazard to public
health, aquatic life, wildlife, or the environment.
(b) In every case in which a permit is suspended or
revoked, the Department shall serve notice of its action,
including a statement of the reasons for the action, either
personally or by certified mail, receipt return requested, to
the permittee.
(c) The order of suspension or revocation of a permit shall
take effect upon issuance of the order. The permittee may
request, in writing, within 30 days after the date of receiving
the notice, a hearing. Except as provided under subsection (d)
of this Section, in the event a hearing is requested, the order
shall remain in effect until a final order is entered pursuant
to the hearing.
(d) The order of suspension or revocation of a permit may
be stayed if requested by the permittee and evidence is
submitted demonstrating that there is no significant threat to
the public health, aquatic life, wildlife, or the environment
if the operation is allowed to continue.

(e) The hearing shall be held at a time and place
designated by the Department. The Director of the Department or
any administrative law judge designated by him or her has have
the power to administer oaths and affirmations, subpoena
witnesses and compel their attendance, take evidence, and
require the production of books, papers, correspondence, and
other records or information that he or she considers relevant
or material.
(f) The costs of the administrative hearing shall be set by
rule and shall be borne by the permittee.
(g) The Department's decision to suspend or revoke a high
volume horizontal hydraulic fracturing permit is subject to
judicial review under the Administrative Review Law.
(Source: P.A. 98-22, eff. 6-17-13; revised 11-12-13.)
(225 ILCS 732/1-70)
Sec. 1-70. Well preparation, construction, and drilling.
(a) This Section shall apply to all horizontal wells that
are to be completed using high volume horizontal hydraulic
fracturing operations under a high volume horizontal hydraulic
fracturing permit. The requirements of this Section shall be in
addition to any other laws or rules regarding wells and well
sites.
(b) Site preparation standards shall be as follows:
(1) The access road to the well site must be located in
accordance with access rights identified in the Illinois

Oil and Gas Act and located as far as practical from
occupied structures, places of assembly, and property
lines of unleased property.
(2) Unless otherwise approved or directed by the
Department, all topsoil stripped to facilitate the
construction of the well pad and access roads must be
stockpiled, stabilized, and remain on site for use in
either partial or final reclamation. In the event it is
anticipated that the final reclamation shall take place in
excess of one year from drilling the well the topsoil may
be disposed of in any lawful manner provided the operator
reclaims the site with topsoil of similar characteristics
of the topsoil removed.
(3) Piping, conveyances, valves, and tanks in contact
with hydraulic fracturing fluid, hydraulic fracturing
flowback, or produced water must be constructed of
materials compatible with the composition of the hydraulic
fracturing fluid, hydraulic fracturing flowback, and
produced water.
(4) The improvement, construction, or repair of a
publicly owned highway or roadway, if undertaken by the
owner, operator, permittee, or any other private entity,
shall be performed using bidding procedures outlined in the
Illinois Department of Transportation rules governing
local roads and streets or applicable bidding requirements
outlined in the Illinois Procurement Code as though the

project were publicly funded.
(c) Site maintenance standards shall be as follows:
(1) Secondary containment is required for all fueling
tanks.
(2) Fueling tanks shall be subject to Section 1-25 of
this Act.
(3) Fueling tank filling operations shall be
supervised at the fueling truck and at the tank if the tank
is not visible to the fueling operator from the truck.
(4) Troughs, drip pads, or drip pans are required
beneath the fill port of a fueling tank during filling
operations if the fill port is not within the secondary
containment required by paragraph (1) of this subsection.
(d) All wells shall be constructed, and casing and
cementing activities shall be conducted, in a manner that shall
provide for control of the well at all times, prevent the
migration of oil, gas, and other fluids into the fresh water
and coal seams, and prevent pollution or diminution of fresh
water. In addition to any of the Department's casing and
cementing requirements, the following shall apply:
(1) All casings must conform to the current industry
standards published by the American Petroleum Institute.
(2) Casing thread compound and its use must conform to
the current industry standards published by the American
Petroleum Institute.
(3) Surface casing shall be centralized at the shoe,

above and below a stage collar or diverting tool, if run,
and through usable-quality water zones. In non-deviated
holes, pipe centralization as follows is required: a
centralizer shall be placed every fourth joint from the
cement shoe to the ground surface or to the bottom of the
cellar. All centralizers shall meet specifications in, or
equivalent to, API Spec spec 10D, Specification for
Bow-Spring Casing Centralizers; API Spec 10 TR4, Technical
Report on Considerations Regarding Selection of
Centralizers for Primary Cementing Operations; and API RP
10D-2, Recommended Practice for Centralizer Placement and
Stop Collar Testing. The Department may require additional
centralization as necessary to ensure the integrity of the
well design is adequate. All centralizers must conform to
the current industry standards published by the American
Petroleum Institute.
(4) Cement must conform to current industry standards
published by the American Petroleum Institute and the
cement slurry must be prepared to minimize its free water
content in accordance with the current industry standards
published by the American Petroleum Institute; the cement
must also:
(A) secure the casing in the wellbore;
(B) isolate and protect fresh groundwater;
(C) isolate abnormally pressured zones, lost
circulation zones, and any potential flow zones

including hydrocarbon and fluid-bearing zones;
(D) properly control formation pressure and any
pressure from drilling, completion and production;
(E) protect the casing from corrosion and
degradation; and
(F) prevent gas flow in the annulus.
(5) Prior to cementing any casing string, the borehole
must be circulated and conditioned to ensure an adequate
cement bond.
(6) A pre-flush or spacer must be pumped ahead of the
cement.
(7) The cement must be pumped at a rate and in a flow
regime that inhibits channeling of the cement in the
annulus.
(8) Cement compressive strength tests must be
performed on all surface, intermediate, and production
casing strings; after the cement is placed behind the
casing, the operator shall wait on cement to set until the
cement achieves a calculated compressive strength of at
least 500 pounds per square inch, and a minimum of 8 hours
before the casing is disturbed in any way, including
installation of a blowout preventer. The cement shall have
a 72-hour compressive strength of at least 1,200 psi, and
the free water separation shall be no more than 6
milliliters per 250 milliliters of cement, tested in
accordance with current American Petroleum petroleum

Institute standards.
(9) A copy of the cement job log for any cemented
casing string in the well shall be maintained in the well
file and available to the Department upon request.
(10) Surface casing shall be used and set to a depth of
at least 200 feet, or 100 feet below the base of the
deepest fresh water, whichever is deeper, but no more than
200 feet below the base of the deepest fresh water and
prior to encountering any hydrocarbon-bearing zones. The
surface casing must be run and cemented as soon as
practicable after the hole has been adequately circulated
and conditioned.
(11) The Department must be notified at least 24 hours
prior to surface casing cementing operations. Surface
casing must be fully cemented to the surface with excess
cements. Cementing must be by the pump and plug method with
a minimum of 25% excess cement with appropriate lost
circulation material, unless another amount of excess
cement is approved by the Department. If cement returns are
not observed at the surface, the operator must perform
remedial actions as appropriate.
(12) Intermediate casing must be installed when
necessary to isolate fresh water not isolated by surface
casing and to seal off potential flow zones, anomalous
pressure zones, lost circulation zones and other drilling
hazards.

Intermediate casing must be set to protect fresh water
if surface casing was set above the base of the deepest
fresh water, if additional fresh water was found below the
surface casing shoe, or both. Intermediate casing used to
isolate fresh water must not be used as the production
string in the well in which it is installed, and may not be
perforated for purposes of conducting a hydraulic fracture
treatment through it.
When intermediate casing is installed to protect fresh
water, the operator shall set a full string of new
intermediate casing at least 100 feet below the base of the
deepest fresh water and bring cement to the surface. In
instances where intermediate casing was set solely to
protect fresh water encountered below the surface casing
shoe, and cementing to the surface is technically
infeasible, would result in lost circulation, or both,
cement must be brought to a minimum of 600 feet above the
shallowest fresh water zone encountered below the surface
casing shoe or to the surface if the fresh water zone is
less than 600 feet from the surface. The location and
depths of any hydrocarbon-bearing zones or fresh water
zones that are open to the wellbore above the casing shoe
must be confirmed by coring, electric logs, or testing and
must be reported to the Department.
In the case that intermediate casing was set for a
reason other than to protect strata that contains fresh

water, the intermediate casing string shall be cemented
from the shoe to a point at least 600 true vertical feet
above the shoe. If there is a hydrocarbon-bearing
hydrocarbon bearing zone capable of producing exposed
above the intermediate casing shoe, the casing shall be
cemented from the shoe to a point at least 600 true
vertical feet above the shallowest hydrocarbon-bearing
hydrocarbon bearing zone or to a point at least 200 feet
above the shoe of the next shallower casing string that was
set and cemented in the well (or to the surface if less
than 200 feet).
(13) The Department must be notified prior to
intermediate casing cementing operations. Cementing must
be by the pump and plug method with a minimum of 25% excess
cement. A radial cement bond evaluation log, or other
evaluation approved by the Department, must be run to
verify the cement bond on the intermediate casing. Remedial
cementing is required if the cement bond is not adequate
for drilling ahead.
(14) Production casing must be run and fully cemented
to 500 feet above the top perforated zone, if possible. The
Department must be notified at least 24 hours prior to
production casing cementing operations. Cementing must be
by the pump and plug method with a minimum of 25% excess
cement.
(15) At any time, the Department, as it deems

necessary, may require installation of an additional
cemented casing string or strings in the well.
(16) After the setting and cementing of a casing
string, except the conductor casing, and prior to further
drilling, the casing string shall be tested with fresh
water, mud, or brine to no less than 0.22 psi per foot of
casing string length or 1,500 psi, whichever is greater but
not to exceed 70% of the minimum internal yield, for at
least 30 minutes with less than a 5% pressure loss, except
that any casing string that will have pressure exerted on
it during stimulation of the well shall be tested to at
least the maximum anticipated treatment pressure. If the
pressure declines more than 5% or if there are other
indications of a leak, corrective action shall be taken
before conducting further drilling and high volume
horizontal hydraulic fracturing operations. The operator
shall contact the Department's District Office for any
county in which the well is located at least 24 hours prior
to conducting a pressure test to enable an inspector to be
present when the test is done. A record of the pressure
test must be maintained by the operator and must be
submitted to the Department on a form prescribed by the
Department prior to conducting high volume horizontal
hydraulic fracturing operations. The actual pressure must
not exceed the test pressure at any time during high volume
horizontal hydraulic fracturing operations.

(17) Any hydraulic fracturing string used in the high
volume horizontal hydraulic fracturing operations must be
either strung into a production liner or run with a packer
set at least 100 feet below the deepest cement top and must
be tested to not less than the maximum anticipated treating
pressure minus the annulus pressure applied between the
fracturing string and the production or immediate casing.
The pressure test shall be considered successful if the
pressure applied has been held for 30 minutes with no more
than 5% pressure loss. A function-tested relief valve and
diversion line must be installed and used to divert flow
from the hydraulic fracturing string-casing annulus to a
covered watertight steel tank in case of hydraulic
fracturing string failure. The relief valve must be set to
limit the annular pressure to no more than 95% of the
working pressure rating of the casings forming the annulus.
The annulus between the hydraulic fracturing string and
casing must be pressurized to at least 250 psi and
monitored.
(18) After a successful pressure test under paragraph
(16) of this subsection, a formation pressure integrity
test must be conducted below the surface casing and below
all intermediate casing. The operator shall notify the
Department's District Office for any county in which the
well is located at least 24 hours prior to conducting a
formation pressure integrity test to enable an inspector to

be present when the test is done. A record of the pressure
test must be maintained by the operator and must be
submitted to the Department on a form prescribed by the
Department prior to conducting high volume horizontal
hydraulic fracturing operations. The actual hydraulic
fracturing treatment pressure must not exceed the test
pressure at any time during high volume horizontal
hydraulic fracturing operations.
(e) Blowout prevention standards shall be set as follows:
(1) The operator shall use blowout prevention
equipment after setting casing with a competent casing
seat. Blowout prevention equipment shall be in good
working condition at all times.
(2) The operator shall use pipe fittings, valves,
and unions placed on or connected to the blow out
blow-out prevention systems that have a working
pressure capability that exceeds the anticipated
pressures.
(3) During all drilling and completion operations
when a blowout preventer is installed, tested, or in
use, the operator or operator's designated
representative shall be present at the well site and
that person or personnel shall have a current well
control certification from an accredited training
program that is acceptable to the Department. The
certification shall be available at the well site and

provided to the Department upon request.
(4) Appropriate pressure control procedures and
equipment in proper working order must be properly
installed and employed while conducting drilling and
completion operations including tripping, logging,
running casing into the well, and drilling out
solid-core stage plugs.
(5) Pressure testing of the blowout preventer and
related equipment for any drilling or completion
operation must be performed. Testing must be conducted
in accordance with current industry standards
published by the American Petroleum Institute. Testing
of the blowout preventer shall include testing after
the blowout preventer is installed on the well but
prior to drilling below the last cemented casing seat.
Pressure control equipment, including the blowout
preventer, that fails any pressure test shall not be
used until it is repaired and passes the pressure test.
(6) A remote blowout preventer actuator, that is
powered by a source other than rig hydraulics, shall be
located at least 50 feet from the wellhead and have an
appropriate rated working pressure.
(Source: P.A. 98-22, eff. 6-17-13; revised 11-14-13.)
(225 ILCS 732/1-75)
Sec. 1-75. High volume horizontal hydraulic fracturing

operations.
(a) General.
(1) During all phases of high volume horizontal
hydraulic fracturing operations, the permittee shall
comply with all terms of the permit.
(2) All phases of high volume horizontal hydraulic
fracturing operations shall be conducted in a manner that
shall not pose a significant risk to public health, life,
property, aquatic life, or wildlife.
(3) The permittee shall notify the Department by phone,
electronic communication, or letter, at least 48 hours
prior to the commencement of high volume horizontal
hydraulic fracturing operations.
(b) Integrity tests and monitoring.
(1) Before the commencement of high volume horizontal
hydraulic fracturing operations, all mechanical integrity
tests required under subsection (d) of Section 1-70 and
this subsection must be successfully completed.
(2) Prior to commencing high volume horizontal
hydraulic fracturing operations and pumping of hydraulic
fracturing fluid, the injection lines and manifold,
associated valves, fracture head or tree and any other
wellhead component or connection not previously tested
must be tested with fresh water, mud, or brine to at least
the maximum anticipated treatment pressure for at least 30
minutes with less than a 5% pressure loss. A record of the

pressure test must be maintained by the operator and made
available to the Department upon request. The actual high
volume horizontal hydraulic fracturing treatment pressure
must not exceed the test pressure at any time during high
volume horizontal hydraulic fracturing operations.
(3) The pressure exerted on treating equipment
including valves, lines, manifolds, hydraulic fracturing
head or tree, casing and hydraulic fracturing string, if
used, must not exceed 95% of the working pressure rating of
the weakest component. The high volume horizontal
hydraulic fracturing treatment pressure must not exceed
the test pressure of any given component at any time during
high volume horizontal hydraulic fracturing operations.
(4) During high volume horizontal hydraulic fracturing
operations, all annulus pressures, the injection pressure,
and the rate of injection shall be continuously monitored
and recorded. The records of the monitoring shall be
maintained by the operator and shall be provided to the
Department upon request at any time during the period up to
and including 5 years after the well is permanently plugged
or abandoned.
(5) High volume horizontal hydraulic fracturing
operations must be immediately suspended if any anomalous
pressure or flow condition or any other anticipated
pressure or flow condition is occurring in a way that
indicates the mechanical integrity of the well has been

compromised and continued operations pose a risk to the
environment. Remedial action shall be undertaken
immediately prior to recommencing high volume horizontal
hydraulic fracturing operations. The permittee shall
notify the Department within 1 hour of suspending
operations for any matters relating to the mechanical
integrity of the well or risk to the environment.
(c) Fluid and waste management.
(1) For the purposes of storage at the well site and
except as provided in paragraph (2) of this subsection,
hydraulic fracturing additives, hydraulic fracturing
fluid, hydraulic fracturing flowback, and produced water
shall be stored in above-ground tanks during all phases of
drilling, high volume horizontal hydraulic fracturing, and
production operations until removed for proper disposal.
For the purposes of centralized storage off site for
potential reuse prior to disposal, hydraulic fracturing
additives, hydraulic fracturing fluid, hydraulic
fracturing flowback, and produced water shall be stored in
above-ground tanks.
(2) In accordance with the plan required by paragraph
(11) of subsection (b) of Section 1-35 of this Act and as
approved by the Department, the use of a reserve pit is
allowed for the temporary storage of hydraulic fracturing
flowback. The reserve pit shall be used only in the event
of a lack of capacity for tank storage due to higher than

expected volume or rate of hydraulic fracturing flowback,
or other unanticipated flowback occurrence. Any reserve
pit must comply with the following construction standards
and liner specifications:
(A) the synthetic liner material shall have a
minimum thickness of 24 mils with high puncture and
tear strength and be impervious and resistant to
deterioration;
(B) the pit lining system shall be designed to have
a capacity at least equivalent to 110% of the maximum
volume of hydraulic fracturing flowback anticipated to
be recovered;
(C) the lined pit shall be constructed, installed,
and maintained in accordance with the manufacturers'
specifications and good engineering practices to
prevent overflow during any use;
(D) the liner shall have sufficient elongation to
cover the bottom and interior sides of the pit with the
edges secured with at least a 12 inch deep anchor
trench around the pit perimeter to prevent any slippage
or destruction of the liner materials; and
(E) the foundation for the liner shall be free of
rock and constructed with soil having a minimum
thickness of 12 inches after compaction covering the
entire bottom and interior sides of the pit.
(3) Fresh water may be stored in tanks or pits at the

election of the operator.
(4) Tanks required under this subsection must be
above-ground tanks that are closed, watertight, and will
resist corrosion. The permittee shall routinely inspect
the tanks for corrosion.
(5) Hydraulic fracturing fluids and hydraulic
fracturing flowback must be removed from the well site
within 60 days after completion of high volume horizontal
fracturing operations, except that any excess hydraulic
fracturing flowback captured for temporary storage in a
reserve pit as provided in paragraph (2) of this subsection
must be removed from the well site within 7 days.
(6) Tanks, piping, and conveyances, including valves,
must be constructed of suitable materials, be of sufficient
pressure rating, be able to resist corrosion, and be
maintained in a leak-free condition. Fluid transfer
operations from tanks to tanker trucks must be supervised
at the truck and at the tank if the tank is not visible to
the truck operator from the truck. During transfer
operations, all interconnecting piping must be supervised
if not visible to transfer personnel at the truck and tank.
(7) Hydraulic fracturing flowback must be tested for
volatile organic chemicals, semi-volatile organic
chemicals, inorganic chemicals, heavy metals, and
naturally occurring radioactive material prior to removal
from the site. Testing shall occur once per well site and

the analytical results shall be filed with the Department
and the Agency, and provided to the liquid oilfield waste
transportation and disposal operators. Prior to plugging
and site restoration, the ground adjacent to the storage
tanks and any hydraulic fracturing flowback reserve pit
must be measured for radioactivity.
(8) Hydraulic fracturing flowback may only be disposed
of by injection into a Class II injection well that is
below interface between fresh water and naturally
occurring Class IV groundwater. Produced water may be
disposed of by injection in a permitted enhanced oil
recovery operation. Hydraulic fracturing flowback and
produced water may be treated and recycled for use in
hydraulic fracturing fluid for high volume horizontal
hydraulic fracturing operations.
(9) Discharge of hydraulic fracturing fluids,
hydraulic fracturing flowback, and produced water into any
surface water or water drainage way is prohibited.
(10) Transport of all hydraulic fracturing fluids,
hydraulic fracturing flowback, and produced water by
vehicle for disposal must be undertaken by a liquid
oilfield waste hauler permitted by the Department under
Section 8c of the Illinois Oil and Gas Act. The liquid
oilfield waste hauler transporting hydraulic fracturing
fluids, hydraulic fracturing flowback, or produced water
under this Act shall comply with all laws, rules, and

regulations concerning liquid oilfield waste.
(11) Drill cuttings, drilling fluids, and drilling
wastes not containing oil-based mud or polymer-based mud
may be stored in tanks or pits. Pits used to store
cuttings, fluids, and drilling wastes from wells not using
fresh water mud shall be subject to the construction
standards identified in paragraph (2) of this subsection
(c) Section. Drill cuttings not contaminated with
oil-based mud or polymer-based mud may be disposed of
onsite subject to the approval of the Department. Drill
cuttings contaminated with oil-based mud or polymer-based
mud shall not be disposed of onsite on site. Annular
disposal of drill cuttings or fluid is prohibited.
(12) Any release of hydraulic fracturing fluid,
hydraulic fracturing additive, or hydraulic fracturing
flowback, used or generated during or after high volume
horizontal hydraulic fracturing operations shall be
immediately cleaned up and remediated pursuant to
Department requirements. Any release of hydraulic
fracturing fluid or hydraulic fracturing flowback in
excess of 1 barrel, shall be reported to the Department.
Any release of a hydraulic fracturing additive shall be
reported to the Department in accordance with the
appropriate reportable quantity thresholds established
under the federal Emergency Planning and Community
Right-to-Know Act as published in the Code of Federal

Regulations (CFR), 40 CFR Parts 355, 370, and 372, the
federal Comprehensive Environmental Response,
Compensation, and Liability Act as published in 40 CFR Part
302, and subsection (r) of Section 112 of the federal
Federal Clean Air Act as published in 40 CFR Part 68. Any
release of produced water in excess of 5 barrels shall be
cleaned up, remediated, and reported pursuant to
Department requirements.
(13) Secondary containment for tanks required under
this subsection and additive staging areas is required.
Secondary containment measures may include, as deemed
appropriate by the Department, one or a combination of the
following: dikes, liners, pads, impoundments, curbs,
sumps, or other structures or equipment capable of
containing the substance. Any secondary containment must
be sufficient to contain 110% of the total capacity of the
single largest container or tank within a common
containment area. No more than one hour before initiating
any stage of the high volume horizontal hydraulic
fracturing operations, all secondary containment must be
visually inspected to ensure all structures and equipment
are in place and in proper working order. The results of
this inspection must be recorded and documented by the
operator, and available to the Department upon request.
(14) A report on the transportation and disposal of the
hydraulic fracturing fluids and hydraulic fracturing

flowback shall be prepared and included in the well file.
The report must include the amount of fluids transported,
identification of the company that transported the fluids,
the destination of the fluids, and the method of disposal.
(15) Operators operating wells permitted under this
Act must submit an annual report to the Department
detailing the management of any produced water associated
with the permitted well. The report shall be due to the
Department no later than April 30th of each year and shall
provide information on the operator's management of any
produced water for the prior calendar year. The report
shall contain information relative to the amount of
produced water the well permitted under this Act produced,
the method by which the produced water was disposed, and
the destination where the produced water was disposed in
addition to any other information the Department
determines is necessary by rule.
(d) Hydraulic fracturing fluid shall be confined to the
targeted formation designated in the permit. If the hydraulic
fracturing fluid or hydraulic fracturing flowback are
migrating into the freshwater zone or to the surface from the
well in question or from other wells, the permittee shall
immediately notify the Department and shut in the well until
remedial action that prevents the fluid migration is completed.
The permittee shall obtain the approval of the Department prior
to resuming operations.

(e) Emissions controls.
(1) This subsection applies to all horizontal wells
that are completed with high volume horizontal hydraulic
fracturing.
(2) Except as otherwise provided in paragraph (8) of
this subsection (e), permittees shall be responsible for
managing gas and hydrocarbon fluids produced during the
flowback period by routing recovered hydrocarbon fluids to
one or more storage vessels or re-injecting into the well
or another well, and routing recovered natural gas into a
flow line or collection system, re-injecting the gas into
the well or another well, using the gas as an on-site fuel
source, or using the gas for another useful purpose that a
purchased fuel or raw material would serve, with no direct
release to the atmosphere.
(3) If it is technically infeasible or economically
unreasonable to minimize emissions associated with the
venting of hydrocarbon fluids and natural gas during the
flowback period using the methods specified in paragraph
(2) of this subsection (e), the permittee shall capture and
direct the emissions to a completion combustion device,
except in conditions that may result in a fire hazard or
explosion, or where high heat emissions from a completion
combustion device may negatively impact waterways.
Completion combustion devices must be equipped with a
reliable continuous ignition source over the duration of

the flowback period.
(4) Except as otherwise provided in paragraph (8) of
this subsection (e), permittees shall be responsible for
minimizing the emissions associated with venting of
hydrocarbon fluids and natural gas during the production
phase by:
(A) routing the recovered fluids into storage
vessels and (i) routing the recovered gas into a gas
gathering line, collection system, or to a generator
for onsite energy generation, providing that gas to the
surface owner of the well site for use for heat or
energy generation, or (ii) using another method other
than venting or flaring; and
(B) employing sand traps, surge vessels,
separators, and tanks as soon as practicable during
cleanout operations to safely maximize resource
recovery and minimize releases to the environment.
(5) If the permittee establishes that it is technically
infeasible or economically unreasonable to minimize
emissions associated with the venting of hydrocarbon
fluids and natural gas during production using the methods
specified in paragraph (4) of this subsection (e), the
Department shall require the permittee to capture and
direct any natural gas produced during the production phase
to a flare. Any flare used pursuant to this paragraph shall
be equipped with a reliable continuous ignition source over

the duration of production. In order to establish technical
infeasibility or economic unreasonableness under this
paragraph (5), the permittee must demonstrate, for each
well site on an annual basis, that taking the actions
listed in paragraph (4) of this subsection (e) are not cost
effective based on a site-specific analysis. Permittees
that use a flare during the production phase for operations
other than emergency conditions shall file an updated
site-specific analysis annually with the Department. The
analysis shall be due one year from the date of the
previous submission and shall detail whether any changes
have occurred that alter the technical infeasibility or
economic unreasonableness of the permittee to reduce their
emissions in accordance with paragraph (4) of this
subsection (e).
(6) Uncontrolled emissions exceeding 6 tons per year
from storage tanks shall be recovered and routed to a flare
that is designed in accordance with 40 CFR 60.18 and is
certified by the manufacturer of the device. The permittee
shall maintain and operate the flare in accordance with
manufacturer specifications. Any flare used under this
paragraph must be equipped with a reliable continuous
ignition source over the duration of production.
(7) The Department may approve an exemption that waives
the flaring requirements of paragraphs (5) and (6) of this
subsection (e) only if the permittee demonstrates that the

use of the flare will pose a significant risk of injury or
property damage and that alternative methods of collection
will not threaten harm to the environment. In determining
whether to approve a waiver, the Department shall consider
the quantity of casinghead gas produced, the topographical
and climatological features at the well site, and the
proximity of agricultural structures, crops, inhabited
structures, public buildings, and public roads and
railways.
(8) For each wildcat well, delineation well, or low
pressure well, permittees shall be responsible for
minimizing the emissions associated with venting of
hydrocarbon fluids and natural gas during the flowback
period and production phase by capturing and directing the
emissions to a completion combustion device during the
flowback period and to a flare during the production phase,
except in conditions that may result in a fire hazard or
explosion, or where high heat emissions from a completion
combustion device or flare may negatively impact
waterways. Completion combustion devices and flares shall
be equipped with a reliable continuous ignition source over
the duration of the flowback period and the production
phase, as applicable.
(9) On or after July 1, 2015, all flares used under
paragraphs (5) and (8) of this subsection (e) shall (i)
operate with a combustion efficiency of at least 98% and in

accordance with 40 CFR 60.18; and (ii) be certified by the
manufacturer of the device. The permittee shall maintain
and operate the flare in accordance with manufacturer
specifications.
(10) Permittees shall employ practices for control of
fugitive dust related to their operations. These practices
shall include, but are not limited to, the use of speed
restrictions, regular road maintenance, and restriction of
construction activity during high-wind days. Additional
management practices such as road surfacing, wind breaks
and barriers, or automation of wells to reduce truck
traffic may also be required by the Department if
technologically feasible and economically reasonable to
minimize fugitive dust emissions.
(11) Permittees shall record and report to the
Department on an annual basis the amount of gas flared or
vented from each high volume horizontal hydraulic
fracturing well. Three years after the effective date of
the first high volume high-volume horizontal hydraulic
fracturing well permit issued by the Department, and every
3 years thereafter, the Department shall prepare a report
that analyzes the amount of gas that has been flared or
vented and make recommendations to the General Assembly on
whether steps should be taken to reduce the amount of gas
that is being flared or vented in this State.
(f) High volume horizontal hydraulic fracturing operations

completion report. Within 60 calendar days after the conclusion
of high volume horizontal hydraulic fracturing operations, the
operator shall file a high volume horizontal hydraulic
fracturing operations completion report with the Department. A
copy of each completion report submitted to the Department
shall be provided by the Department to the Illinois State
Geological Survey. The completion reports required by this
Section shall be considered public information and shall be
made available on the Department's website. The high volume
horizontal hydraulic fracturing operations completion report
shall contain the following information:
(1) the permittee name as listed in the permit
application;
(2) the dates of the high volume horizontal hydraulic
fracturing operations;
(3) the county where the well is located;
(4) the well name and Department reference number;
(5) the total water volume used in the high volume
horizontal hydraulic fracturing operations of the well,
and the type and total volume of the base fluid used if
something other than water;
(6) each source from which the water used in the high
volume horizontal hydraulic fracturing operations was
drawn, and the specific location of each source, including,
but not limited to, the name of the county and latitude and
longitude coordinates;

(7) the quantity of hydraulic fracturing flowback
recovered from the well;
(8) a description of how hydraulic fracturing flowback
recovered from the well was disposed and, if applicable,
reused;
(9) a chemical disclosure report identifying each
chemical and proppant used in hydraulic fracturing fluid
for each stage of the hydraulic fracturing operations
including the following:
(A) the total volume of water used in the hydraulic
fracturing treatment of the well or the type and total
volume of the base fluid used in the hydraulic
fracturing treatment, if something other than water;
(B) each hydraulic fracturing additive used in the
hydraulic fracturing fluid, including the trade name,
vendor, a brief descriptor of the intended use or
function of each hydraulic fracturing additive, and
the Material Safety Data Sheet (MSDS), if applicable;
(C) each chemical intentionally added to the base
fluid, including for each chemical, the Chemical
Abstracts Service number, if applicable; and
(D) the actual concentration in the base fluid, in
percent by mass, of each chemical intentionally added
to the base fluid;
(10) all pressures recorded during the high volume
horizontal hydraulic fracturing operations; and

(11) any other reasonable or pertinent information
related to the conduct of the high volume horizontal
hydraulic fracturing operations the Department may request
or require by administrative rule.
(Source: P.A. 98-22, eff. 6-17-13; revised 11-12-13.)
(225 ILCS 732/1-95)
Sec. 1-95. Plugging; restoration.
(a) The permittee shall perform and complete plugging of
the well and restoration of the well site in accordance with
the Illinois Oil and Gas Act and any and all rules adopted
thereunder. The permittee shall bear all costs related to
plugging of the well and reclamation of the well site. If the
permittee fails to plug the well in accordance with this
Section, the owner of the well shall be responsible for
complying with this Section.
(b) Prior to conducting high volume horizontal hydraulic
fracturing operations at a well site, the permittee shall cause
to be plugged all previously unplugged wellbores well bores
within 750 feet of any part of the horizontal wellbore well
bore that penetrated within 400 vertical feet of the formation
that will be stimulated as part of the high volume horizontal
hydraulic fracturing operations.
(c) For well sites where high volume horizontal hydraulic
fracturing operations were permitted to occur, the operator
shall restore any lands used by the operator other than the

well site and production facility to a condition as closely
approximating the pre-drilling conditions that existed before
the land was disturbed for any stage of site preparation
activities, drilling, and high volume horizontal hydraulic
fracturing operations. Restoration shall be commenced within 6
months of completion of the well site and completed within 12
months. Restoration shall include, but is not limited to,
repair of tile lines, repair of fences and barriers, mitigation
of soil compaction and rutting, application of fertilizer or
lime to restore the fertility of disturbed soil, and repair of
soil conservation practices such as terraces and grassed
waterways.
(d) Unless contractually agreed to the contrary by the
permittee and surface owner, the permittee shall restore the
well site and production facility in accordance with the
applicable restoration requirements in subsection (c) of this
Section and shall remove all equipment and materials involved
in site preparation, drilling, and high volume horizontal
hydraulic fracturing operations, including tank batteries,
rock and concrete pads, oilfield oil field debris, injection
and flow lines at or above the surface, electric power lines
and poles extending on or above the surface, tanks, fluids,
pipes at or above the surface, secondary containment measures,
rock or concrete bases, drilling equipment and supplies, and
any and all other equipment, facilities, or materials used
during any stage of site preparation work, drilling, or

hydraulic fracturing operations at the well site. Work on the
removal of equipment and materials at the well site shall begin
within 6 months after plugging the final well on the well site
and be completed no later than 12 months after the last
producing well on the well site has been plugged. Roads
installed as part of the oil and gas operation may be left in
place if provided in the lease or pursuant to agreement with
the surface owner, as applicable.
(Source: P.A. 98-22, eff. 6-17-13; revised 11-12-13.)
Section 520. The Riverboat Gambling Act is amended by
changing Section 8 as follows:
(230 ILCS 10/8) (from Ch. 120, par. 2408)
Sec. 8. Suppliers licenses.
(a) The Board may issue a suppliers license to such
persons, firms or corporations which apply therefor upon the
payment of a non-refundable application fee set by the Board,
upon a determination by the Board that the applicant is
eligible for a suppliers license and upon payment of a $5,000
annual license fee.
(b) The holder of a suppliers license is authorized to sell
or lease, and to contract to sell or lease, gambling equipment
and supplies to any licensee involved in the ownership or
management of gambling operations.
(c) Gambling supplies and equipment may not be distributed

unless supplies and equipment conform to standards adopted by
rules of the Board.
(d) A person, firm or corporation is ineligible to receive
a suppliers 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) the firm or corporation is one in which a person
defined in (1), (2), (3) or (4), is an officer, director or
managerial employee;
(6) the firm or corporation employs a person who
participates in the management or operation of riverboat
gambling authorized under this Act;
(7) the license of the person, firm or corporation
issued under this Act, or a license to own or operate
gambling facilities in any other jurisdiction, has been
revoked.
(e) Any person that supplies any equipment, devices, or
supplies to a licensed riverboat gambling operation must first
obtain a suppliers license. A supplier shall furnish to the

Board a list of all equipment, devices and supplies offered for
sale or lease in connection with gambling games authorized
under this Act. A supplier shall keep books and records for the
furnishing of equipment, devices and supplies to gambling
operations separate and distinct from any other business that
the supplier might operate. A supplier shall file a quarterly
return with the Board listing all sales and leases. A supplier
shall permanently affix its name or a distinctive logo or other
mark or design element identifying the manufacturer or supplier
to all its equipment, devices, and supplies, except gaming
chips without a value impressed, engraved, or imprinted on it,
for gambling operations. The Board may waive this requirement
for any specific product or products if it determines that the
requirement is not necessary to protect the integrity of the
game. Items purchased from a licensed supplier may continue to
be used even though the supplier subsequently changes its name,
distinctive logo, or other mark or design element; undergoes a
change in ownership; or ceases to be licensed as a supplier for
any reason. Any supplier's equipment, devices or supplies which
are used by any person in an unauthorized gambling operation
shall be forfeited to the State. A licensed owner may own its
own equipment, devices and supplies. Each holder of an owners
license under the Act shall file an annual report listing its
inventories of gambling equipment, devices and supplies.
(f) Any person who knowingly makes a false statement on an
application is guilty of a Class A misdemeanor.

(g) Any gambling equipment, devices and supplies provided
by any licensed supplier may either be repaired on the
riverboat or removed from the riverboat to an on-shore facility
owned by the holder of an owners license for repair.
(Source: P.A. 97-1150, eff. 1-25-13; 98-12, eff. 5-10-13;
revised 6-10-13.)
Section 525. The Raffles Act is amended by changing Section
8.1 as follows:
(230 ILCS 15/8.1) (from Ch. 85, par. 2308.1)
Sec. 8.1. (a) 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 is to be designated the winning
chance;

(2) the winning chance is to be determined through a
drawing or by some other method based on an element of
chance by an act or set of acts on the part of persons
conducting or connected with the lottery, except that the
winning chance shall not be determined by the outcome of a
publicly exhibited sporting contest.
"Unresolved claim" means a claim for 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 (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 (i), (ii) or (iii) is an officer, director,
or employee, whether compensated or not;
(vi) any political committee in which a person
defined in (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 parent or guardian.
(2) If a lessor rents 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 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. 97-1150, eff. 1-25-13; revised 11-12-13.)
Section 530. The Video Gaming Act is amended by changing

Sections 5, 15, 25, and 45 as follows:
(230 ILCS 40/5)
Sec. 5. Definitions. As used in this Act:
"Board" means the Illinois Gaming Board.
"Credit" means one, 5, 10, or 25 cents either won or
purchased by a player.
"Distributor" means an individual, partnership,
corporation, or limited liability company licensed under this
Act to buy, sell, lease, or distribute video gaming terminals
or major components or parts of video gaming terminals to or
from terminal operators.
"Electronic card" means a card purchased from a licensed
establishment, licensed fraternal establishment, licensed
veterans establishment, or licensed truck stop establishment
for use in that establishment as a substitute for cash in the
conduct of gaming on a video gaming terminal.
"Electronic voucher" means a voucher printed by an
electronic video game machine that is redeemable in the
licensed establishment for which it was issued.
"Terminal operator" means an individual, partnership,
corporation, or limited liability company that is licensed
under this Act and that owns, services, and maintains video
gaming terminals for placement in licensed establishments,
licensed truck stop establishments, licensed fraternal
establishments, or licensed veterans establishments.

"Licensed technician" means an individual who is licensed
under this Act to repair, service, and maintain video gaming
terminals.
"Licensed terminal handler" means a person, including but
not limited to an employee or independent contractor working
for a manufacturer, distributor, supplier, technician, or
terminal operator, who is licensed under this Act to possess or
control a video gaming terminal or to have access to the inner
workings of a video gaming terminal. A licensed terminal
handler does not include an individual, partnership,
corporation, or limited liability company defined as a
manufacturer, distributor, supplier, technician, or terminal
operator under this Act.
"Manufacturer" means an individual, partnership,
corporation, or limited liability company that is licensed
under this Act and that manufactures or assembles video gaming
terminals.
"Supplier" means an individual, partnership, corporation,
or limited liability company that is licensed under this Act to
supply major components or parts to video gaming terminals to
licensed terminal operators.
"Net terminal income" means money put into a video gaming
terminal minus credits paid out to players.
"Video gaming terminal" means any electronic video game
machine that, upon insertion of cash, electronic cards or
vouchers, or any combination thereof, electronic voucher, or

any combination thereof, is available to play or simulate the
play of a video game, including but not limited to video poker,
line up, and blackjack, as authorized by the Board utilizing a
video display and microprocessors in which the player may
receive free games or credits that can be redeemed for cash.
The term does not include a machine that directly dispenses
coins, cash, or tokens or is for amusement purposes only.
"Licensed establishment" means any licensed retail
establishment where alcoholic liquor is drawn, poured, mixed,
or otherwise served for consumption on the premises, whether
the establishment operates on a nonprofit or for-profit basis.
"Licensed establishment" includes any such establishment that
has a contractual relationship with an inter-track wagering
location licensee licensed under the Illinois Horse Racing Act
of 1975, provided any contractual relationship shall not
include any transfer or offer of revenue from the operation of
video gaming under this Act to any licensee licensed under the
Illinois Horse Racing Act of 1975. Provided, however, that the
licensed establishment that has such a contractual
relationship with an inter-track wagering location licensee
may not, itself, be (i) an inter-track wagering location
licensee, (ii) the corporate parent or subsidiary of any
licensee licensed under the Illinois Horse Racing Act of 1975,
or (iii) the corporate subsidiary of a corporation that is also
the corporate parent or subsidiary of any licensee licensed
under the Illinois Horse Racing Act of 1975. "Licensed

establishment" does not include a facility operated by an
organization licensee, an inter-track wagering licensee, or an
inter-track wagering location licensee licensed under the
Illinois Horse Racing Act of 1975 or a riverboat licensed under
the Riverboat Gambling Act, except as provided in this
paragraph. The changes made to this definition by Public Act
98-587 this amendatory Act of the 98th General Assembly are
declarative of existing law.
"Licensed fraternal establishment" means the location
where a qualified fraternal organization that derives its
charter from a national fraternal organization regularly
meets.
"Licensed veterans establishment" means the location where
a qualified veterans organization that derives its charter from
a national veterans organization regularly meets.
"Licensed truck stop establishment" means a facility (i)
that is at least a 3-acre facility with a convenience store,
(ii) with separate diesel islands for fueling commercial motor
vehicles, (iii) that sells at retail more than 10,000 gallons
of diesel or biodiesel fuel per month, and (iv) with parking
spaces for commercial motor vehicles. "Commercial motor
vehicles" has the same meaning as defined in Section 18b-101 of
the Illinois Vehicle Code. The requirement of item (iii) of
this paragraph may be met by showing that estimated future
sales or past sales average at least 10,000 gallons per month.
(Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13;

98-582, eff. 8-27-13; 98-587, eff. 8-27-13; revised 9-19-13.)
(230 ILCS 40/15)
Sec. 15. Minimum requirements for licensing and
registration. Every video gaming terminal offered for play
shall first be tested and approved pursuant to the rules of the
Board, and each video gaming terminal offered in this State for
play shall conform to an approved model. For the examination of
video gaming machines and associated equipment as required by
this Section, the Board may utilize the services of one or more
independent outside testing laboratories that have been
accredited by a national accreditation body and that, in the
judgment of the Board, are qualified to perform such
examinations. Every video gaming terminal offered in this State
for play must meet minimum standards set by an independent
outside testing laboratory approved by the Board. Each approved
model shall, at a minimum, meet the following criteria:
(1) It must conform to all requirements of federal law
and regulations, including FCC Class A Emissions
Standards.
(2) It must theoretically pay out a mathematically
demonstrable percentage during the expected lifetime of
the machine of all amounts played, which must not be less
than 80%. The Board shall establish a maximum payout
percentage for approved models by rule. Video gaming
terminals that may be affected by skill must meet this

standard when using a method of play that will provide the
greatest return to the player over a period of continuous
play.
(3) It must use a random selection process to determine
the outcome of each play of a game. The random selection
process must meet 99% confidence limits using a standard
chi-squared test for (randomness) goodness of fit.
(4) It must display an accurate representation of the
game outcome.
(5) It must not automatically alter pay tables or any
function of the video gaming terminal based on internal
computation of hold percentage or have any means of
manipulation that affects the random selection process or
probabilities of winning a game.
(6) It must not be adversely affected by static
discharge or other electromagnetic interference.
(7) It must be capable of detecting and displaying the
following conditions during idle states or on demand: power
reset; door open; and door just closed.
(8) It must have the capacity to display complete play
history (outcome, intermediate play steps, credits
available, bets placed, credits paid, and credits cashed
out) for the most recent game played and 10 games prior
thereto.
(9) The theoretical payback percentage of a video
gaming terminal must not be capable of being changed

without making a hardware or software change in the video
gaming terminal, either on site or via the central
communications system.
(10) Video gaming terminals must be designed so that
replacement of parts or modules required for normal
maintenance does not necessitate replacement of the
electromechanical meters.
(11) It must have nonresettable meters housed in a
locked area of the terminal that keep a permanent record of
all cash inserted into the machine, all winnings made by
the terminal printer, credits played in for video gaming
terminals, and credits won by video gaming players. The
video gaming terminal must provide the means for on-demand
display of stored information as determined by the Board.
(12) Electronically stored meter information required
by this Section must be preserved for a minimum of 180 days
after a power loss to the service.
(13) It must have one or more mechanisms that accept
cash in the form of bills. The mechanisms shall be designed
to prevent obtaining credits without paying by stringing,
slamming, drilling, or other means. If such attempts at
physical tampering are made, the video gaming terminal
shall suspend itself from operating until reset.
(14) It shall have accounting software that keeps an
electronic record which includes, but is not limited to,
the following: total cash inserted into the video gaming

terminal; the value of winning tickets claimed by players;
the total credits played; the total credits awarded by a
video gaming terminal; and pay back percentage credited to
players of each video game.
(15) It shall be linked by a central communications
system to provide auditing program information as approved
by the Board. The central communications system shall use a
standard industry protocol, as defined by the Gaming
Standards Association, and shall have the functionality to
enable the Board or its designee to activate or deactivate
individual gaming devices from the central communications
system. In no event may the communications system approved
by the Board limit participation to only one manufacturer
of video gaming terminals by either the cost in
implementing the necessary program modifications to
communicate or the inability to communicate with the
central communications system.
(16) The Board, in its discretion, may require video
gaming terminals to display Amber Alert messages if the
Board makes a finding that it would be economically and
technically feasible and pose no risk to the integrity and
security of the central communications system and video
gaming terminals.
The Board may adopt rules to establish additional criteria
to preserve the integrity and security of video gaming in this
State. The central communications system vendor may be licensed

as a video gaming terminal manufacturer or a video gaming
terminal distributor, or both, but in no event shall the
central communications system vendor be licensed as a video
gaming terminal operator.
The Board shall not permit the development of information
or the use by any licensee of gaming device or individual game
performance data. Nothing in this Act shall inhibit or prohibit
the Board from the use of gaming device or individual game
performance data in its regulatory duties. The Board shall
adopt rules to ensure that all licensees are treated and all
licensees act in a non-discriminatory manner and develop
processes and penalties to enforce those rules.
(Source: P.A. 98-31, eff. 6-24-13; 98-377, eff. 1-1-14; 98-582,
eff. 8-27-13; revised 9-19-13.)
(230 ILCS 40/25)
Sec. 25. Restriction of licensees.
(a) Manufacturer. A person may not be licensed as a
manufacturer of a video gaming terminal in Illinois unless the
person has a valid manufacturer's license issued under this
Act. A manufacturer may only sell video gaming terminals for
use in Illinois to persons having a valid distributor's
license.
(b) Distributor. A person may not sell, distribute, or
lease or market a video gaming terminal in Illinois unless the
person has a valid distributor's license issued under this Act.

A distributor may only sell video gaming terminals for use in
Illinois to persons having a valid distributor's or terminal
operator's license.
(c) Terminal operator. A person may not own, maintain, or
place a video gaming terminal unless he has a valid terminal
operator's license issued under this Act. A terminal operator
may only place video gaming terminals for use in Illinois in
licensed establishments, licensed truck stop establishments,
licensed fraternal establishments, and licensed veterans
establishments. No terminal operator may give anything of
value, including but not limited to a loan or financing
arrangement, to a licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment as any incentive or inducement to locate
video terminals in that establishment. Of the after-tax profits
from a video gaming terminal, 50% shall be paid to the terminal
operator and 50% shall be paid to the licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment,
notwithstanding any agreement to the contrary. A video terminal
operator that violates one or more requirements of this
subsection is guilty of a Class 4 felony and is subject to
termination of his or her license by the Board.
(d) Licensed technician. A person may not service,
maintain, or repair a video gaming terminal in this State
unless he or she (1) has a valid technician's license issued

under this Act, (2) is a terminal operator, or (3) is employed
by a terminal operator, distributor, or manufacturer.
(d-5) Licensed terminal handler. No person, including, but
not limited to, an employee or independent contractor working
for a manufacturer, distributor, supplier, technician, or
terminal operator licensed pursuant to this Act, shall have
possession or control of a video gaming terminal, or access to
the inner workings of a video gaming terminal, unless that
person possesses a valid terminal handler's license issued
under this Act.
(e) Licensed establishment. No video gaming terminal may be
placed in any licensed establishment, licensed veterans
establishment, licensed truck stop establishment, or licensed
fraternal establishment unless the owner or agent of the owner
of the licensed establishment, licensed veterans
establishment, licensed truck stop establishment, or licensed
fraternal establishment has entered into a written use
agreement with the terminal operator for placement of the
terminals. A copy of the use agreement shall be on file in the
terminal operator's place of business and available for
inspection by individuals authorized by the Board. A licensed
establishment, licensed truck stop establishment, licensed
veterans establishment, or licensed fraternal establishment
may operate up to 5 video gaming terminals on its premises at
any time.
(f) (Blank).

(g) Financial interest restrictions. As used in this Act,
"substantial interest" in a partnership, a corporation, an
organization, an association, a business, or a limited
liability company means:
(A) When, with respect to a sole proprietorship, an
individual or his or her spouse owns, operates, manages, or
conducts, directly or indirectly, the organization,
association, or business, or any part thereof; or
(B) When, with respect to a partnership, the individual
or his or her spouse shares in any of the profits, or
potential profits, of the partnership activities; or
(C) When, with respect to a corporation, an individual
or his or her spouse is an officer or director, or the
individual or his or her spouse is a holder, directly or
beneficially, of 5% or more of any class of stock of the
corporation; or
(D) When, with respect to an organization not covered
in (A), (B) or (C) above, an individual or his or her
spouse is an officer or manages the business affairs, or
the individual or his or her spouse is the owner of or
otherwise controls 10% or more of the assets of the
organization; or
(E) When an individual or his or her spouse furnishes
5% or more of the capital, whether in cash, goods, or
services, for the operation of any business, association,
or organization during any calendar year; or

(F) When, with respect to a limited liability company,
an individual or his or her spouse is a member, or the
individual or his or her spouse is a holder, directly or
beneficially, of 5% or more of the membership interest of
the limited liability company.
For purposes of this subsection (g), "individual" includes
all individuals or their spouses whose combined interest would
qualify as a substantial interest under this subsection (g) and
whose activities with respect to an organization, association,
or business are so closely aligned or coordinated as to
constitute the activities of a single entity.
(h) Location restriction. A licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment that is (i)
located within 1,000 feet of a facility operated by an
organization licensee licensed under the Illinois Horse Racing
Act of 1975 or the home dock of a riverboat licensed under the
Riverboat Gambling Act or (ii) located within 100 feet of a
school or a place of worship under the Religious Corporation
Act, is ineligible to operate a video gaming terminal. The
location restrictions in this subsection (h) do not apply if
(A) a facility operated by an organization licensee, a school,
or a place of worship moves to or is established within the
restricted area after a licensed establishment, licensed truck
stop establishment, licensed fraternal establishment, or
licensed veterans establishment becomes licensed under this

Act or (B) a school or place of worship moves to or is
established within the restricted area after a licensed
establishment, licensed truck stop establishment, licensed
fraternal establishment, or licensed veterans establishment
obtains its original liquor license. For the purpose of this
subsection, "school" means an elementary or secondary public
school, or an elementary or secondary private school registered
with or recognized by the State Board of Education.
Notwithstanding the provisions of this subsection (h), the
Board may waive the requirement that a licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment not be
located within 1,000 feet from a facility operated by an
organization licensee or licensed under the Illinois Horse
Racing Act of 1975 or the home dock of a riverboat licensed
under the Riverboat Gambling Act. The Board shall not grant
such waiver if there is any common ownership or control, shared
business activity, or contractual arrangement of any type
between the establishment and the organization licensee or
owners licensee of a riverboat. The Board shall adopt rules to
implement the provisions of this paragraph.
(i) Undue economic concentration. In addition to
considering all other requirements under this Act, in deciding
whether to approve the operation of video gaming terminals by a
terminal operator in a location, the Board shall consider the
impact of any economic concentration of such operation of video

gaming terminals. The Board shall not allow a terminal operator
to operate video gaming terminals if the Board determines such
operation will result in undue economic concentration. For
purposes of this Section, "undue economic concentration" means
that a terminal operator would have such actual or potential
influence over video gaming terminals in Illinois as to:
(1) substantially impede or suppress competition among
terminal operators;
(2) adversely impact the economic stability of the
video gaming industry in Illinois; or
(3) negatively impact the purposes of the Video Gaming
Act.
The Board shall adopt rules concerning undue economic
concentration with respect to the operation of video gaming
terminals in Illinois. The rules shall include, but not be
limited to, (i) limitations on the number of video gaming
terminals operated by any terminal operator within a defined
geographic radius and (ii) guidelines on the discontinuation of
operation of any such video gaming terminals the Board
determines will cause undue economic concentration.
(j) The provisions of the Illinois Antitrust Act are fully
and equally applicable to the activities of any licensee under
this Act.
(Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; 98-77,
eff. 7-15-13; 98-112, eff. 7-26-13; revised 10-17-13.)

(230 ILCS 40/45)
Sec. 45. Issuance of license.
(a) The burden is upon each applicant to demonstrate his
suitability for licensure. Each video gaming terminal
manufacturer, distributor, supplier, operator, handler,
licensed establishment, licensed truck stop establishment,
licensed fraternal establishment, and licensed veterans
establishment shall be licensed by the Board. The Board may
issue or deny a license under this Act to any person pursuant
to the same criteria set forth in Section 9 of the Riverboat
Gambling Act.
(a-5) The Board shall not grant a license to a person who
has facilitated, enabled, or participated in the use of
coin-operated devices for gambling purposes or who is under the
significant influence or control of such a person. For the
purposes of this Act, "facilitated, enabled, or participated in
the use of coin-operated amusement devices for gambling
purposes" means that the person has been convicted of any
violation of Article 28 of the Criminal Code of 1961 or the
Criminal Code of 2012. If there is pending legal action against
a person for any such violation, then the Board shall delay the
licensure of that person until the legal action is resolved.
(b) Each person seeking and possessing a license as a video
gaming terminal manufacturer, distributor, supplier, operator,
handler, licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, or licensed

veterans establishment shall submit to a background
investigation conducted by the Board with the assistance of the
State Police or other law enforcement. To the extent that the
corporate structure of the applicant allows, the background
investigation shall include any or all of the following as the
Board deems appropriate or as provided by rule for each
category of licensure: (i) each beneficiary of a trust, (ii)
each partner of a partnership, (iii) each member of a limited
liability company, (iv) each director and officer of a publicly
or non-publicly held corporation, (v) each stockholder of a
non-publicly held corporation, (vi) each stockholder of 5% or
more of a publicly held corporation, or (vii) each stockholder
of 5% or more in a parent or subsidiary corporation.
(c) Each person seeking and possessing a license as a video
gaming terminal manufacturer, distributor, supplier, operator,
handler, licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment shall disclose the identity of every
person, association, trust, corporation, or limited liability
company having a greater than 1% direct or indirect pecuniary
interest in the video gaming terminal operation for which the
license is sought. If the disclosed entity is a trust, the
application shall disclose the names and addresses of the
beneficiaries; if a corporation, the names and addresses of all
stockholders and directors; if a limited liability company, the
names and addresses of all members; or if a partnership, the

names and addresses of all partners, both general and limited.
(d) No person may be licensed as a video gaming terminal
manufacturer, distributor, supplier, operator, handler,
licensed establishment, licensed truck stop establishment,
licensed fraternal establishment, or licensed veterans
establishment if that person has been found by the Board to:
(1) have a background, including a criminal record,
reputation, habits, social or business associations, or
prior activities that pose a threat to the public interests
of the State or to the security and integrity of video
gaming;
(2) create or enhance the dangers of unsuitable,
unfair, or illegal practices, methods, and activities in
the conduct of video gaming; or
(3) present questionable business practices and
financial arrangements incidental to the conduct of video
gaming activities.
(e) Any applicant for any license under this Act has the
burden of proving his or her qualifications to the satisfaction
of the Board. The Board may adopt rules to establish additional
qualifications and requirements to preserve the integrity and
security of video gaming in this State.
(f) A non-refundable application fee shall be paid at the
time an application for a license is filed with the Board in
the following amounts:
(1) Manufacturer..........................$5,000

(2) Distributor...........................$5,000
(3) Terminal operator.....................$5,000
(4) Supplier..............................$2,500
(5) Technician..............................$100
(6) Terminal Handler..............................$50
(g) The Board shall establish an annual fee for each
license not to exceed the following:
(1) Manufacturer.........................$10,000
(2) Distributor..........................$10,000
(3) Terminal operator.....................$5,000
(4) Supplier..............................$2,000
(5) Technician..............................$100
(6) Licensed establishment, licensed truck stop
establishment, licensed fraternal establishment,
or licensed veterans establishment..............$100
(7) Video gaming terminal...................$100
(8) Terminal Handler..............................$50
(h) A terminal operator and a licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment shall
equally split the fees specified in item (7) of subsection (g).
(Source: P.A. 97-1150, eff. 1-25-13; 98-31, eff. 6-24-13;
98-587, eff. 8-27-13; revised 9-19-13.)
Section 535. The Liquor Control Act of 1934 is amended by
changing Sections 5-1, 6-2, 6-6, 6-15, and 7-1 as follows:

(235 ILCS 5/5-1) (from Ch. 43, par. 115)
Sec. 5-1. Licenses issued by the Illinois Liquor Control
Commission shall be of the following classes:
(a) Manufacturer's license - Class 1. Distiller, Class 2.
Rectifier, Class 3. Brewer, Class 4. First Class Wine
Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
First Class Winemaker, Class 7. Second Class Winemaker, Class
8. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
10. Craft Brewer,
(b) Distributor's license,
(c) Importing Distributor's license,
(d) Retailer's license,
(e) Special Event Retailer's license (not-for-profit),
(f) Railroad license,
(g) Boat license,
(h) Non-Beverage User's license,
(i) Wine-maker's premises license,
(j) Airplane license,
(k) Foreign importer's license,
(l) Broker's license,
(m) Non-resident dealer's license,
(n) Brew Pub license,
(o) Auction liquor license,
(p) Caterer retailer license,
(q) Special use permit license,

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

manufacturers, importing distributors and distributors and to
no other licensees.
Class 6. A first-class wine-maker's license shall allow the
manufacture of up to 50,000 gallons of wine per year, and the
storage and sale of such wine to distributors in the State and
to persons without the State, as may be permitted by law. A
person who, prior to the effective date of this amendatory Act
of the 95th General Assembly, is a holder of a first-class
wine-maker's license and annually produces more than 25,000
gallons of its own wine and who distributes its wine to
licensed retailers shall cease this practice on or before July
1, 2008 in compliance with this amendatory Act of the 95th
General Assembly.
Class 7. A second-class wine-maker's license shall allow
the manufacture of between 50,000 and 150,000 gallons of wine
per year, and the storage and sale of such wine to distributors
in this State and to persons without the State, as may be
permitted by law. A person who, prior to the effective date of
this amendatory Act of the 95th General Assembly, is a holder
of a second-class wine-maker's license and annually produces
more than 25,000 gallons of its own wine and who distributes
its wine to licensed retailers shall cease this practice on or
before July 1, 2008 in compliance with this amendatory Act of
the 95th General Assembly.
Class 8. A limited wine-manufacturer may make sales and
deliveries not to exceed 40,000 gallons of wine per year to

distributors, and to non-licensees in accordance with the
provisions of this Act.
Class 9. A craft distiller license shall allow the
manufacture of up to 30,000 gallons of spirits by distillation
for one year after the effective date of this amendatory Act of
the 97th General Assembly and up to 35,000 gallons of spirits
by distillation per year thereafter and the storage of such
spirits. If a craft distiller licensee is not affiliated with
any other manufacturer, then the craft distiller licensee may
sell such spirits to distributors in this State and up to 2,500
gallons of such spirits to non-licensees to the extent
permitted by any exemption approved by the Commission pursuant
to Section 6-4 of this Act.
Any craft distiller licensed under this Act who on the
effective date of this amendatory Act of the 96th General
Assembly was licensed as a distiller and manufactured no more
spirits than permitted by this Section shall not be required to
pay the initial licensing fee.
Class 10. A craft brewer's license, which may only be
issued to a licensed brewer or licensed non-resident dealer,
shall allow the manufacture of up to 930,000 gallons of beer
per year. A craft brewer licensee may make sales and deliveries
to importing distributors and distributors and to retail
licensees in accordance with the conditions set forth in
paragraph (18) of subsection (a) of Section 3-12 of this Act.
(a-1) A manufacturer which is licensed in this State to

make sales or deliveries of alcoholic liquor to licensed
distributors or importing distributors and which enlists
agents, representatives, or individuals acting on its behalf
who contact licensed retailers on a regular and continual basis
in this State must register those agents, representatives, or
persons acting on its behalf with the State Commission.
Registration of agents, representatives, or persons acting
on behalf of a manufacturer is fulfilled by submitting a form
to the Commission. The form shall be developed by the
Commission and shall include the name and address of the
applicant, the name and address of the manufacturer he or she
represents, the territory or areas assigned to sell to or
discuss pricing terms of alcoholic liquor, and any other
questions deemed appropriate and necessary. All statements in
the forms required to be made by law or by rule shall be deemed
material, and any person who knowingly misstates any material
fact under oath in an application is guilty of a Class B
misdemeanor. Fraud, misrepresentation, false statements,
misleading statements, evasions, or suppression of material
facts in the securing of a registration are grounds for
suspension or revocation of the registration. The State
Commission shall post a list of registered agents on the
Commission's website.
(b) A distributor's license shall allow the wholesale
purchase and storage of alcoholic liquors and sale of alcoholic
liquors to licensees in this State and to persons without the

State, as may be permitted by law.
(c) An importing distributor's license may be issued to and
held by those only who are duly licensed distributors, upon the
filing of an application by a duly licensed distributor, with
the Commission and the Commission shall, without the payment of
any fee, immediately issue such importing distributor's
license to the applicant, which shall allow the importation of
alcoholic liquor by the licensee into this State from any point
in the United States outside this State, and the purchase of
alcoholic liquor in barrels, casks or other bulk containers and
the bottling of such alcoholic liquors before resale thereof,
but all bottles or containers so filled shall be sealed,
labeled, stamped and otherwise made to comply with all
provisions, rules and regulations governing manufacturers in
the preparation and bottling of alcoholic liquors. The
importing distributor's license shall permit such licensee to
purchase alcoholic liquor from Illinois licensed non-resident
dealers and foreign importers only.
(d) A retailer's license shall allow the licensee to sell
and offer for sale at retail, only in the premises specified in
the license, alcoholic liquor for use or consumption, but not
for resale in any form. Nothing in this amendatory Act of the
95th General Assembly shall deny, limit, remove, or restrict
the ability of a holder of a retailer's license to transfer,
deliver, or ship alcoholic liquor to the purchaser for use or
consumption subject to any applicable local law or ordinance.

Any retail license issued to a manufacturer shall only permit
the manufacturer to sell beer at retail on the premises
actually occupied by the manufacturer. For the purpose of
further describing the type of business conducted at a retail
licensed premises, a retailer's licensee may be designated by
the State Commission as (i) an on premise consumption retailer,
(ii) an off premise sale retailer, or (iii) a combined on
premise consumption and off premise sale retailer.
Notwithstanding any other provision of this subsection
(d), a retail licensee may sell alcoholic liquors to a special
event retailer licensee for resale to the extent permitted
under subsection (e).
(e) A special event retailer's license (not-for-profit)
shall permit the licensee to purchase alcoholic liquors from an
Illinois licensed distributor (unless the licensee purchases
less than $500 of alcoholic liquors for the special event, in
which case the licensee may purchase the alcoholic liquors from
a licensed retailer) and shall allow the licensee to sell and
offer for sale, at retail, alcoholic liquors for use or
consumption, but not for resale in any form and only at the
location and on the specific dates designated for the special
event in the license. An applicant for a special event retailer
license must (i) furnish with the application: (A) a resale
number issued under Section 2c of the Retailers' Occupation Tax
Act or evidence that the applicant is registered under Section
2a of the Retailers' Occupation Tax Act, (B) a current, valid

exemption identification number issued under Section 1g of the
Retailers' Occupation Tax Act, and a certification to the
Commission that the purchase of alcoholic liquors will be a
tax-exempt purchase, or (C) a statement that the applicant is
not registered under Section 2a of the Retailers' Occupation
Tax Act, does not hold a resale number under Section 2c of the
Retailers' Occupation Tax Act, and does not hold an exemption
number under Section 1g of the Retailers' Occupation Tax Act,
in which event the Commission shall set forth on the special
event retailer's license a statement to that effect; (ii)
submit with the application proof satisfactory to the State
Commission that the applicant will provide dram shop liability
insurance in the maximum limits; and (iii) show proof
satisfactory to the State Commission that the applicant has
obtained local authority approval.
(f) A railroad license shall permit the licensee to import
alcoholic liquors into this State from any point in the United
States outside this State and to store such alcoholic liquors
in this State; to make wholesale purchases of alcoholic liquors
directly from manufacturers, foreign importers, distributors
and importing distributors from within or outside this State;
and to store such alcoholic liquors in this State; provided
that the above powers may be exercised only in connection with
the importation, purchase or storage of alcoholic liquors to be
sold or dispensed on a club, buffet, lounge or dining car
operated on an electric, gas or steam railway in this State;

and provided further, that railroad licensees exercising the
above powers shall be subject to all provisions of Article VIII
of this Act as applied to importing distributors. A railroad
license shall also permit the licensee to sell or dispense
alcoholic liquors on any club, buffet, lounge or dining car
operated on an electric, gas or steam railway regularly
operated by a common carrier in this State, but shall not
permit the sale for resale of any alcoholic liquors to any
licensee within this State. A license shall be obtained for
each car in which such sales are made.
(g) A boat license shall allow the sale of alcoholic liquor
in individual drinks, on any passenger boat regularly operated
as a common carrier on navigable waters in this State or on any
riverboat operated under the Riverboat Gambling Act, which boat
or riverboat maintains a public dining room or restaurant
thereon.
(h) A non-beverage user's license shall allow the licensee
to purchase alcoholic liquor from a licensed manufacturer or
importing distributor, without the imposition of any tax upon
the business of such licensed manufacturer or importing
distributor as to such alcoholic liquor to be used by such
licensee solely for the non-beverage purposes set forth in
subsection (a) of Section 8-1 of this Act, and such licenses
shall be divided and classified and shall permit the purchase,
possession and use of limited and stated quantities of
alcoholic liquor as follows:

Class 1, not to exceed ......................... 500 gallons
Class 2, not to exceed ....................... 1,000 gallons
Class 3, not to exceed ....................... 5,000 gallons
Class 4, not to exceed ...................... 10,000 gallons
Class 5, not to exceed ....................... 50,000 gallons
(i) A wine-maker's premises license shall allow a licensee
that concurrently holds a first-class wine-maker's license to
sell and offer for sale at retail in the premises specified in
such license not more than 50,000 gallons of the first-class
wine-maker's wine that is made at the first-class wine-maker's
licensed premises per year for use or consumption, but not for
resale in any form. A wine-maker's premises license shall allow
a licensee who concurrently holds a second-class wine-maker's
license to sell and offer for sale at retail in the premises
specified in such license up to 100,000 gallons of the
second-class wine-maker's wine that is made at the second-class
wine-maker's licensed premises per year for use or consumption
but not for resale in any form. A wine-maker's premises license
shall allow a licensee that concurrently holds a first-class
wine-maker's license or a second-class wine-maker's license to
sell and offer for sale at retail at the premises specified in
the wine-maker's premises license, for use or consumption but
not for resale in any form, any beer, wine, and spirits
purchased from a licensed distributor. Upon approval from the
State Commission, a wine-maker's premises license shall allow
the licensee to sell and offer for sale at (i) the wine-maker's

licensed premises and (ii) at up to 2 additional locations for
use and consumption and not for resale. Each location shall
require additional licensing per location as specified in
Section 5-3 of this Act. A wine-maker's premises licensee shall
secure liquor liability insurance coverage in an amount at
least equal to the maximum liability amounts set forth in
subsection (a) of Section 6-21 of this Act.
(j) An airplane license shall permit the licensee to import
alcoholic liquors into this State from any point in the United
States outside this State and to store such alcoholic liquors
in this State; to make wholesale purchases of alcoholic liquors
directly from manufacturers, foreign importers, distributors
and importing distributors from within or outside this State;
and to store such alcoholic liquors in this State; provided
that the above powers may be exercised only in connection with
the importation, purchase or storage of alcoholic liquors to be
sold or dispensed on an airplane; and provided further, that
airplane licensees exercising the above powers shall be subject
to all provisions of Article VIII of this Act as applied to
importing distributors. An airplane licensee shall also permit
the sale or dispensing of alcoholic liquors on any passenger
airplane regularly operated by a common carrier in this State,
but shall not permit the sale for resale of any alcoholic
liquors to any licensee within this State. A single airplane
license shall be required of an airline company if liquor
service is provided on board aircraft in this State. The annual

fee for such license shall be as determined in Section 5-3.
(k) A foreign importer's license shall permit such licensee
to purchase alcoholic liquor from Illinois licensed
non-resident dealers only, and to import alcoholic liquor other
than in bulk from any point outside the United States and to
sell such alcoholic liquor to Illinois licensed importing
distributors and to no one else in Illinois; provided that (i)
the foreign importer registers with the State Commission every
brand of alcoholic liquor that it proposes to sell to Illinois
licensees during the license period, (ii) the foreign importer
complies with all of the provisions of Section 6-9 of this Act
with respect to registration of such Illinois licensees as may
be granted the right to sell such brands at wholesale, and
(iii) the foreign importer complies with the provisions of
Sections 6-5 and 6-6 of this Act to the same extent that these
provisions apply to manufacturers.
(l) (i) A broker's license shall be required of all persons
who solicit orders for, offer to sell or offer to supply
alcoholic liquor to retailers in the State of Illinois, or who
offer to retailers to ship or cause to be shipped or to make
contact with distillers, rectifiers, brewers or manufacturers
or any other party within or without the State of Illinois in
order that alcoholic liquors be shipped to a distributor,
importing distributor or foreign importer, whether such
solicitation or offer is consummated within or without the
State of Illinois.

No holder of a retailer's license issued by the Illinois
Liquor Control Commission shall purchase or receive any
alcoholic liquor, the order for which was solicited or offered
for sale to such retailer by a broker unless the broker is the
holder of a valid broker's license.
The broker shall, upon the acceptance by a retailer of the
broker's solicitation of an order or offer to sell or supply or
deliver or have delivered alcoholic liquors, promptly forward
to the Illinois Liquor Control Commission a notification of
said transaction in such form as the Commission may by
regulations prescribe.
(ii) A broker's license shall be required of a person
within this State, other than a retail licensee, who, for a fee
or commission, promotes, solicits, or accepts orders for
alcoholic liquor, for use or consumption and not for resale, to
be shipped from this State and delivered to residents outside
of this State by an express company, common carrier, or
contract carrier. This Section does not apply to any person who
promotes, solicits, or accepts orders for wine as specifically
authorized in Section 6-29 of this Act.
A broker's license under this subsection (l) shall not
entitle the holder to buy or sell any alcoholic liquors for his
own account or to take or deliver title to such alcoholic
liquors.
This subsection (l) shall not apply to distributors,
employees of distributors, or employees of a manufacturer who

has registered the trademark, brand or name of the alcoholic
liquor pursuant to Section 6-9 of this Act, and who regularly
sells such alcoholic liquor in the State of Illinois only to
its registrants thereunder.
Any agent, representative, or person subject to
registration pursuant to subsection (a-1) of this Section shall
not be eligible to receive a broker's license.
(m) A non-resident dealer's license shall permit such
licensee to ship into and warehouse alcoholic liquor into this
State from any point outside of this State, and to sell such
alcoholic liquor to Illinois licensed foreign importers and
importing distributors and to no one else in this State;
provided that (i) said non-resident dealer shall register with
the Illinois Liquor Control Commission each and every brand of
alcoholic liquor which it proposes to sell to Illinois
licensees during the license period, (ii) it shall comply with
all of the provisions of Section 6-9 hereof with respect to
registration of such Illinois licensees as may be granted the
right to sell such brands at wholesale, and (iii) the
non-resident dealer shall comply with the provisions of
Sections 6-5 and 6-6 of this Act to the same extent that these
provisions apply to manufacturers.
(n) A brew pub license shall allow the licensee (i) to
manufacture beer only on the premises specified in the license,
(ii) to make sales of the beer manufactured on the premises or,
with the approval of the Commission, beer manufactured on

another brew pub licensed premises that is substantially owned
and operated by the same licensee to importing distributors,
distributors, and to non-licensees for use and consumption,
(iii) to store the beer upon the premises, and (iv) to sell and
offer for sale at retail from the licensed premises, provided
that a brew pub licensee shall not sell for off-premises
consumption more than 50,000 gallons per year. A person who
holds a brew pub license may simultaneously hold a craft brewer
license if he or she otherwise qualifies for the craft brewer
license and the craft brewer license is for a location separate
from the brew pub's licensed premises. A brew pub license shall
permit a person who has received prior approval from the
Commission to annually transfer no more than a total of 50,000
gallons of beer manufactured on premises to all other licensed
brew pubs that are substantially owned and operated by the same
person.
(o) A caterer retailer license shall allow the holder to
serve alcoholic liquors as an incidental part of a food service
that serves prepared meals which excludes the serving of snacks
as the primary meal, either on or off-site whether licensed or
unlicensed.
(p) An auction liquor license shall allow the licensee to
sell and offer for sale at auction wine and spirits for use or
consumption, or for resale by an Illinois liquor licensee in
accordance with provisions of this Act. An auction liquor
license will be issued to a person and it will permit the

auction liquor licensee to hold the auction anywhere in the
State. An auction liquor license must be obtained for each
auction at least 14 days in advance of the auction date.
(q) A special use permit license shall allow an Illinois
licensed retailer to transfer a portion of its alcoholic liquor
inventory from its retail licensed premises to the premises
specified in the license hereby created, and to sell or offer
for sale at retail, only in the premises specified in the
license hereby created, the transferred alcoholic liquor for
use or consumption, but not for resale in any form. A special
use permit license may be granted for the following time
periods: one day or less; 2 or more days to a maximum of 15 days
per location in any 12 month period. An applicant for the
special use permit license must also submit with the
application proof satisfactory to the State Commission that the
applicant will provide dram shop liability insurance to the
maximum limits and have local authority approval.
(r) A winery shipper's license shall allow a person with a
first-class or second-class wine manufacturer's license, a
first-class or second-class wine-maker's license, or a limited
wine manufacturer's license or who is licensed to make wine
under the laws of another state to ship wine made by that
licensee directly to a resident of this State who is 21 years
of age or older for that resident's personal use and not for
resale. Prior to receiving a winery shipper's license, an
applicant for the license must provide the Commission with a

true copy of its current license in any state in which it is
licensed as a manufacturer of wine. An applicant for a winery
shipper's license must also complete an application form that
provides any other information the Commission deems necessary.
The application form shall include an acknowledgement
consenting to the jurisdiction of the Commission, the Illinois
Department of Revenue, and the courts of this State concerning
the enforcement of this Act and any related laws, rules, and
regulations, including authorizing the Department of Revenue
and the Commission to conduct audits for the purpose of
ensuring compliance with this amendatory Act.
A winery shipper licensee must pay to the Department of
Revenue the State liquor gallonage tax under Section 8-1 for
all wine that is sold by the licensee and shipped to a person
in this State. For the purposes of Section 8-1, a winery
shipper licensee shall be taxed in the same manner as a
manufacturer of wine. A licensee who is not otherwise required
to register under the Retailers' Occupation Tax Act must
register under the Use Tax Act to collect and remit use tax to
the Department of Revenue for all gallons of wine that are sold
by the licensee and shipped to persons in this State. If a
licensee fails to remit the tax imposed under this Act in
accordance with the provisions of Article VIII of this Act, the
winery shipper's license shall be revoked in accordance with
the provisions of Article VII of this Act. If a licensee fails
to properly register and remit tax under the Use Tax Act or the

Retailers' Occupation Tax Act for all wine that is sold by the
winery shipper and shipped to persons in this State, the winery
shipper's license shall be revoked in accordance with the
provisions of Article VII of this Act.
A winery shipper licensee must collect, maintain, and
submit to the Commission on a semi-annual basis the total
number of cases per resident of wine shipped to residents of
this State. A winery shipper licensed under this subsection (r)
must comply with the requirements of Section 6-29 of this
amendatory Act.
(Source: P.A. 97-5, eff. 6-1-11; 97-455, eff. 8-19-11; 97-813,
eff. 7-13-12; 97-1166, eff. 3-1-13; 98-394, eff. 8-16-13;
98-401, eff. 8-16-13; revised 9-12-13.)
(235 ILCS 5/6-2) (from Ch. 43, par. 120)
Sec. 6-2. Issuance of licenses to certain persons
prohibited.
(a) Except as otherwise provided in subsection (b) of this
Section and in paragraph (1) of subsection (a) of Section 3-12,
no license of any kind issued by the State Commission or any
local commission shall be issued to:
(1) A person who is not a resident of any city, village
or county in which the premises covered by the license are
located; except in case of railroad or boat licenses.
(2) A person who is not of good character and
reputation in the community in which he resides.

(3) A person who is not a citizen of the United States.
(4) A person who has been convicted of a felony under
any Federal or State law, unless the Commission determines
that such person has been sufficiently rehabilitated to
warrant the public trust after considering matters set
forth in such person's application and the Commission's
investigation. The burden of proof of sufficient
rehabilitation shall be on the applicant.
(5) A person who has been convicted of keeping a place
of prostitution or keeping a place of juvenile
prostitution, promoting prostitution that involves keeping
a place of prostitution, or promoting juvenile
prostitution that involves keeping a place of juvenile
prostitution.
(6) A person who has been convicted of pandering or
other crime or misdemeanor opposed to decency and morality.
(7) A person whose license issued under this Act has
been revoked for cause.
(8) A person who at the time of application for renewal
of any license issued hereunder would not be eligible for
such license upon a first application.
(9) A copartnership, if any general partnership
thereof, or any limited partnership thereof, owning more
than 5% of the aggregate limited partner interest in such
copartnership would not be eligible to receive a license
hereunder for any reason other than residence within the

political subdivision, unless residency is required by
local ordinance.
(10) A corporation or limited liability company, if any
member, officer, manager or director thereof, or any
stockholder or stockholders owning in the aggregate more
than 5% of the stock of such corporation, would not be
eligible to receive a license hereunder for any reason
other than citizenship and residence within the political
subdivision.
(10a) A corporation or limited liability company
unless it is incorporated or organized in Illinois, or
unless it is a foreign corporation or foreign limited
liability company which is qualified under the Business
Corporation Act of 1983 or the Limited Liability Company
Act to transact business in Illinois. The Commission shall
permit and accept from an applicant for a license under
this Act proof prepared from the Secretary of State's
website that the corporation or limited liability company
is in good standing and is qualified under the Business
Corporation Act of 1983 or the Limited Liability Company
Act to transact business in Illinois.
(11) A person whose place of business is conducted by a
manager or agent unless the manager or agent possesses the
same qualifications required by the licensee.
(12) A person who has been convicted of a violation of
any Federal or State law concerning the manufacture,

possession or sale of alcoholic liquor, subsequent to the
passage of this Act or has forfeited his bond to appear in
court to answer charges for any such violation.
(13) A person who does not beneficially own the
premises for which a license is sought, or does not have a
lease thereon for the full period for which the license is
to be issued.
(14) Any law enforcing public official, including
members of local liquor control commissions, any mayor,
alderman, or member of the city council or commission, any
president of the village board of trustees, any member of a
village board of trustees, or any president or member of a
county board; and no such official shall have a direct
interest in the manufacture, sale, or distribution of
alcoholic liquor, except that a license may be granted to
such official in relation to premises that are not located
within the territory subject to the jurisdiction of that
official if the issuance of such license is approved by the
State Liquor Control Commission and except that a license
may be granted, in a city or village with a population of
55,000 or less, to any alderman, member of a city council,
or member of a village board of trustees in relation to
premises that are located within the territory subject to
the jurisdiction of that official if (i) the sale of
alcoholic liquor pursuant to the license is incidental to
the selling of food, (ii) the issuance of the license is

approved by the State Commission, (iii) the issuance of the
license is in accordance with all applicable local
ordinances in effect where the premises are located, and
(iv) the official granted a license does not vote on
alcoholic liquor issues pending before the board or council
to which the license holder is elected. Notwithstanding any
provision of this paragraph (14) to the contrary, an
alderman or member of a city council or commission, a
member of a village board of trustees other than the
president of the village board of trustees, or a member of
a county board other than the president of a county board
may have a direct interest in the manufacture, sale, or
distribution of alcoholic liquor as long as he or she is
not a law enforcing public official, a mayor, a village
board president, or president of a county board. To prevent
any conflict of interest, the elected official with the
direct interest in the manufacture, sale, or distribution
of alcoholic liquor shall not participate in any meetings,
hearings, or decisions on matters impacting the
manufacture, sale, or distribution of alcoholic liquor.
Furthermore, the mayor of a city with a population of
55,000 or less or the president of a village with a
population of 55,000 or less may have an interest in the
manufacture, sale, or distribution of alcoholic liquor as
long as the council or board over which he or she presides
has made a local liquor control commissioner appointment

that complies with the requirements of Section 4-2 of this
Act.
(15) A person who is not a beneficial owner of the
business to be operated by the licensee.
(16) A person who has been convicted of a gambling
offense as proscribed by any of subsections (a) (3) through
(a) (11) of Section 28-1 of, or as proscribed by Section
28-1.1 or 28-3 of, the Criminal Code of 1961 or the
Criminal Code of 2012, or as proscribed by a statute
replaced by any of the aforesaid statutory provisions.
(17) A person or entity to whom a federal wagering
stamp has been issued by the federal government, unless the
person or entity is eligible to be issued a license under
the Raffles Act or the Illinois Pull Tabs and Jar Games
Act.
(18) A person who intends to sell alcoholic liquors for
use or consumption on his or her licensed retail premises
who does not have liquor liability insurance coverage for
that premises in an amount that is at least equal to the
maximum liability amounts set out in subsection (a) of
Section 6-21.
(19) A person who is licensed by any licensing
authority as a manufacturer of beer, or any partnership,
corporation, limited liability company, or trust or any
subsidiary, affiliate, or agent thereof, or any other form
of business enterprise licensed as a manufacturer of beer,

having any legal, equitable, or beneficial interest,
directly or indirectly, in a person licensed in this State
as a distributor or importing distributor. For purposes of
this paragraph (19), a person who is licensed by any
licensing authority as a "manufacturer of beer" shall also
mean a brewer and a non-resident dealer who is also a
manufacturer of beer, including a partnership,
corporation, limited liability company, or trust or any
subsidiary, affiliate, or agent thereof, or any other form
of business enterprise licensed as a manufacturer of beer.
(20) A person who is licensed in this State as a
distributor or importing distributor, or any partnership,
corporation, limited liability company, or trust or any
subsidiary, affiliate, or agent thereof, or any other form
of business enterprise licensed in this State as a
distributor or importing distributor having any legal,
equitable, or beneficial interest, directly or indirectly,
in a person licensed as a manufacturer of beer by any
licensing authority, or any partnership, corporation,
limited liability company, or trust or any subsidiary,
affiliate, or agent thereof, or any other form of business
enterprise, except for a person who owns, on or after the
effective date of this amendatory Act of the 98th General
Assembly, no more than 5% of the outstanding shares of a
manufacturer of beer whose shares are publicly traded on an
exchange within the meaning of the Securities Exchange Act

of 1934. For the purposes of this paragraph (20), a person
who is licensed by any licensing authority as a
"manufacturer of beer" shall also mean a brewer and a
non-resident dealer who is also a manufacturer of beer,
including a partnership, corporation, limited liability
company, or trust or any subsidiary, affiliate, or agent
thereof, or any other form of business enterprise licensed
as a manufacturer of beer.
(b) A criminal conviction of a corporation is not grounds
for the denial, suspension, or revocation of a license applied
for or held by the corporation if the criminal conviction was
not the result of a violation of any federal or State law
concerning the manufacture, possession or sale of alcoholic
liquor, the offense that led to the conviction did not result
in any financial gain to the corporation and the corporation
has terminated its relationship with each director, officer,
employee, or controlling shareholder whose actions directly
contributed to the conviction of the corporation. The
Commission shall determine if all provisions of this subsection
(b) have been met before any action on the corporation's
license is initiated.
(Source: P.A. 97-1059, eff. 8-24-12; 97-1150, eff. 1-25-13;
98-10, eff. 5-6-13; 98-21, eff. 6-13-13, revised 9-24-13.)
(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 be limited to one
outside sign, per brand, in place and in use at any one
time, costing not more than $893, 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 be limited to one
temporary outside sign per brand. Examples of temporary
outside signs are banners, flags, pennants, streamers, and
other items of a temporary and non-permanent nature. 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 permanent inside signs in place and in use at any
one time shall cost in the aggregate not more than $2000
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; however, such items, for example,
as coasters, trays, napkins, glassware and cups shall not
be deemed to be inside signs or advertising materials and
may only be sold to retailers. 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 $325 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.
A "cost adjustment factor" shall be used to periodically
update the dollar limitations prescribed in subparts (i),
(iii), and (iv). The Commission shall establish the adjusted
dollar limitation on an annual basis beginning in January,
1997. The term "cost adjustment factor" means a percentage
equal to the change in the Bureau of Labor Statistics Consumer
Price Index or 5%, whichever is greater. 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.
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. 89-238, eff. 8-4-95; 89-529, eff. 7-19-96;
90-373, eff. 8-14-97; 90-432, eff. 1-1-98; 90-655, eff.
7-30-98; revised 9-24-13.)
(235 ILCS 5/6-15) (from Ch. 43, par. 130)
Sec. 6-15. No alcoholic liquors shall be sold or delivered
in any building belonging to or under the control of the State
or any political subdivision thereof except as provided in this
Act. The corporate authorities of any city, village,
incorporated town, township, or county may provide by
ordinance, however, that alcoholic liquor may be sold or
delivered in any specifically designated building belonging to
or under the control of the municipality, township, or county,
or in any building located on land under the control of the
municipality, township, or county; provided that such township
or county complies with all applicable local ordinances in any
incorporated area of the township or county. Alcoholic liquor
may be delivered to and sold under the authority of a special
use permit on any property owned by a conservation district
organized under the Conservation District Act, provided that
(i) the alcoholic liquor is sold only at an event authorized by
the governing board of the conservation district, (ii) the
issuance of the special use permit is authorized by the local
liquor control commissioner of the territory in which the
property is located, and (iii) the special use permit

authorizes the sale of alcoholic liquor for one day or less.
Alcoholic liquors may be delivered to and sold at any airport
belonging to or under the control of a municipality of more
than 25,000 inhabitants, or in any building or on any golf
course owned by a park district organized under the Park
District Code, subject to the approval of the governing board
of the district, or in any building or on any golf course owned
by a forest preserve district organized under the Downstate
Forest Preserve District Act, subject to the approval of the
governing board of the district, or on the grounds within 500
feet of any building owned by a forest preserve district
organized under the Downstate Forest Preserve District Act
during times when food is dispensed for consumption within 500
feet of the building from which the food is dispensed, subject
to the approval of the governing board of the district, or in a
building owned by a Local Mass Transit District organized under
the Local Mass Transit District Act, subject to the approval of
the governing Board of the District, or in Bicentennial Park,
or on the premises of the City of Mendota Lake Park located
adjacent to Route 51 in Mendota, Illinois, or on the premises
of Camden Park in Milan, Illinois, or in the community center
owned by the City of Loves Park that is located at 1000 River
Park Drive in Loves Park, Illinois, or, in connection with the
operation of an established food serving facility during times
when food is dispensed for consumption on the premises, and at
the following aquarium and museums located in public parks: Art

Institute of Chicago, Chicago Academy of Sciences, Chicago
Historical Society, Field Museum of Natural History, Museum of
Science and Industry, DuSable Museum of African American
History, John G. Shedd Aquarium and Adler Planetarium, or at
Lakeview Museum of Arts and Sciences in Peoria, or in
connection with the operation of the facilities of the Chicago
Zoological Society or the Chicago Horticultural Society on land
owned by the Forest Preserve District of Cook County, or on any
land used for a golf course or for recreational purposes owned
by the Forest Preserve District of Cook County, subject to the
control of the Forest Preserve District Board of Commissioners
and applicable local law, provided that dram shop liability
insurance is provided at maximum coverage limits so as to hold
the District harmless from all financial loss, damage, and
harm, or in any building located on land owned by the Chicago
Park District if approved by the Park District Commissioners,
or on any land used for a golf course or for recreational
purposes and owned by the Illinois International Port District
if approved by the District's governing board, or at any
airport, golf course, faculty center, or facility in which
conference and convention type activities take place belonging
to or under control of any State university or public community
college district, provided that with respect to a facility for
conference and convention type activities alcoholic liquors
shall be limited to the use of the convention or conference
participants or participants in cultural, political or

educational activities held in such facilities, and provided
further that the faculty or staff of the State university or a
public community college district, or members of an
organization of students, alumni, faculty or staff of the State
university or a public community college district are active
participants in the conference or convention, or in Memorial
Stadium on the campus of the University of Illinois at
Urbana-Champaign during games in which the Chicago Bears
professional football team is playing in that stadium during
the renovation of Soldier Field, not more than one and a half
hours before the start of the game and not after the end of the
third quarter of the game, or in the Pavilion Facility on the
campus of the University of Illinois at Chicago during games in
which the Chicago Storm professional soccer team is playing in
that facility, not more than one and a half hours before the
start of the game and not after the end of the third quarter of
the game, or in the Pavilion Facility on the campus of the
University of Illinois at Chicago during games in which the
WNBA professional women's basketball team is playing in that
facility, not more than one and a half hours before the start
of the game and not after the 10-minute mark of the second half
of the game, or by a catering establishment which has rented
facilities from a board of trustees of a public community
college district, or in a restaurant that is operated by a
commercial tenant in the North Campus Parking Deck building
that (1) is located at 1201 West University Avenue, Urbana,

Illinois and (2) is owned by the Board of Trustees of the
University of Illinois, or, if approved by the District board,
on land owned by the Metropolitan Sanitary District of Greater
Chicago and leased to others for a term of at least 20 years.
Nothing in this Section precludes the sale or delivery of
alcoholic liquor in the form of original packaged goods in
premises located at 500 S. Racine in Chicago belonging to the
University of Illinois and used primarily as a grocery store by
a commercial tenant during the term of a lease that predates
the University's acquisition of the premises; but the
University shall have no power or authority to renew, transfer,
or extend the lease with terms allowing the sale of alcoholic
liquor; and the sale of alcoholic liquor shall be subject to
all local laws and regulations. After the acquisition by
Winnebago County of the property located at 404 Elm Street in
Rockford, a commercial tenant who sold alcoholic liquor at
retail on a portion of the property under a valid license at
the time of the acquisition may continue to do so for so long
as the tenant and the County may agree under existing or future
leases, subject to all local laws and regulations regarding the
sale of alcoholic liquor. Alcoholic liquors may be delivered to
and sold at Memorial Hall, located at 211 North Main Street,
Rockford, under conditions approved by Winnebago County and
subject to all local laws and regulations regarding the sale of
alcoholic liquor. Each facility shall provide dram shop
liability in maximum insurance coverage limits so as to save

harmless the State, municipality, State university, airport,
golf course, faculty center, facility in which conference and
convention type activities take place, park district, Forest
Preserve District, public community college district,
aquarium, museum, or sanitary district from all financial loss,
damage or harm. Alcoholic liquors may be sold at retail in
buildings of golf courses owned by municipalities or Illinois
State University in connection with the operation of an
established food serving facility during times when food is
dispensed for consumption upon the premises. Alcoholic liquors
may be delivered to and sold at retail in any building owned by
a fire protection district organized under the Fire Protection
District Act, provided that such delivery and sale is approved
by the board of trustees of the district, and provided further
that such delivery and sale is limited to fundraising events
and to a maximum of 6 events per year. However, the limitation
to fundraising events and to a maximum of 6 events per year
does not apply to the delivery, sale, or manufacture of
alcoholic liquors at the building located at 59 Main Street in
Oswego, Illinois, owned by the Oswego Fire Protection District
if the alcoholic liquor is sold or dispensed as approved by the
Oswego Fire Protection District and the property is no longer
being utilized for fire protection purposes.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of the University of
Illinois for events that the Board may determine are public

events and not related student activities. The Board of
Trustees shall issue a written policy within 6 months of the
effective date of this amendatory Act of the 95th General
Assembly concerning the types of events that would be eligible
for an exemption. Thereafter, the Board of Trustees may issue
revised, updated, new, or amended policies as it deems
necessary and appropriate. In preparing its written policy, the
Board of Trustees shall, among other factors it considers
relevant and important, give consideration to the following:
(i) whether the event is a student activity or student related
activity; (ii) whether the physical setting of the event is
conducive to control of liquor sales and distribution; (iii)
the ability of the event operator to ensure that the sale or
serving of alcoholic liquors and the demeanor of the
participants are in accordance with State law and University
policies; (iv) regarding the anticipated attendees at the
event, the relative proportion of individuals under the age of
21 to individuals age 21 or older; (v) the ability of the venue
operator to prevent the sale or distribution of alcoholic
liquors to individuals under the age of 21; (vi) whether the
event prohibits participants from removing alcoholic beverages
from the venue; and (vii) whether the event prohibits
participants from providing their own alcoholic liquors to the
venue. In addition, any policy submitted by the Board of
Trustees to the Illinois Liquor Control Commission must require
that any event at which alcoholic liquors are served or sold in

buildings under the control of the Board of Trustees shall
require the prior written approval of the Office of the
Chancellor for the University campus where the event is
located. The Board of Trustees shall submit its policy, and any
subsequently revised, updated, new, or amended policies, to the
Illinois Liquor Control Commission, and any University event,
or location for an event, exempted under such policies shall
apply for a license under the applicable Sections of this Act.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of Northern Illinois
University for events that the Board may determine are public
events and not student-related activities. The Board of
Trustees shall issue a written policy within 6 months after
June 28, 2011 (the effective date of Public Act 97-45)
concerning the types of events that would be eligible for an
exemption. Thereafter, the Board of Trustees may issue revised,
updated, new, or amended policies as it deems necessary and
appropriate. In preparing its written policy, the Board of
Trustees shall, in addition to other factors it considers
relevant and important, give consideration to the following:
(i) whether the event is a student activity or student-related
activity; (ii) whether the physical setting of the event is
conducive to control of liquor sales and distribution; (iii)
the ability of the event operator to ensure that the sale or
serving of alcoholic liquors and the demeanor of the
participants are in accordance with State law and University

policies; (iv) the anticipated attendees at the event and the
relative proportion of individuals under the age of 21 to
individuals age 21 or older; (v) the ability of the venue
operator to prevent the sale or distribution of alcoholic
liquors to individuals under the age of 21; (vi) whether the
event prohibits participants from removing alcoholic beverages
from the venue; and (vii) whether the event prohibits
participants from providing their own alcoholic liquors to the
venue.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of Chicago State
University for events that the Board may determine are public
events and not student-related activities. The Board of
Trustees shall issue a written policy within 6 months after
August 2, 2013 (the effective date of Public Act 98-132) this
amendatory Act of the 98th General Assembly concerning the
types of events that would be eligible for an exemption.
Thereafter, the Board of Trustees may issue revised, updated,
new, or amended policies as it deems necessary and appropriate.
In preparing its written policy, the Board of Trustees shall,
in addition to other factors it considers relevant and
important, give consideration to the following: (i) whether the
event is a student activity or student-related activity; (ii)
whether the physical setting of the event is conducive to
control of liquor sales and distribution; (iii) the ability of
the event operator to ensure that the sale or serving of

alcoholic liquors and the demeanor of the participants are in
accordance with State law and University policies; (iv) the
anticipated attendees at the event and the relative proportion
of individuals under the age of 21 to individuals age 21 or
older; (v) the ability of the venue operator to prevent the
sale or distribution of alcoholic liquors to individuals under
the age of 21; (vi) whether the event prohibits participants
from removing alcoholic beverages from the venue; and (vii)
whether the event prohibits participants from providing their
own alcoholic liquors to the venue.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of Illinois State
University for events that the Board may determine are public
events and not student-related activities. The Board of
Trustees shall issue a written policy within 6 months after the
effective date of this amendatory Act of the 97th General
Assembly concerning the types of events that would be eligible
for an exemption. Thereafter, the Board of Trustees may issue
revised, updated, new, or amended policies as it deems
necessary and appropriate. In preparing its written policy, the
Board of Trustees shall, in addition to other factors it
considers relevant and important, give consideration to the
following: (i) whether the event is a student activity or
student-related activity; (ii) whether the physical setting of
the event is conducive to control of liquor sales and
distribution; (iii) the ability of the event operator to ensure

that the sale or serving of alcoholic liquors and the demeanor
of the participants are in accordance with State law and
University policies; (iv) the anticipated attendees at the
event and the relative proportion of individuals under the age
of 21 to individuals age 21 or older; (v) the ability of the
venue operator to prevent the sale or distribution of alcoholic
liquors to individuals under the age of 21; (vi) whether the
event prohibits participants from removing alcoholic beverages
from the venue; and (vii) whether the event prohibits
participants from providing their own alcoholic liquors to the
venue.
Alcoholic liquor may be delivered to and sold at retail in
the Dorchester Senior Business Center owned by the Village of
Dolton if the alcoholic liquor is sold or dispensed only in
connection with organized functions for which the planned
attendance is 20 or more persons, and if the person or facility
selling or dispensing the alcoholic liquor has provided dram
shop liability insurance in maximum limits so as to hold
harmless the Village of Dolton and the State from all financial
loss, damage and harm.
Alcoholic liquors may be delivered to and sold at retail in
any building used as an Illinois State Armory provided:
(i) the Adjutant General's written consent to the
issuance of a license to sell alcoholic liquor in such
building is filed with the Commission;
(ii) the alcoholic liquor is sold or dispensed only in

connection with organized functions held on special
occasions;
(iii) the organized function is one for which the
planned attendance is 25 or more persons; and
(iv) the facility selling or dispensing the alcoholic
liquors has provided dram shop liability insurance in
maximum limits so as to save harmless the facility and the
State from all financial loss, damage or harm.
Alcoholic liquors may be delivered to and sold at retail in
the Chicago Civic Center, provided that:
(i) the written consent of the Public Building
Commission which administers the Chicago Civic Center is
filed with the Commission;
(ii) the alcoholic liquor is sold or dispensed only in
connection with organized functions held on special
occasions;
(iii) the organized function is one for which the
planned attendance is 25 or more persons;
(iv) the facility selling or dispensing the alcoholic
liquors has provided dram shop liability insurance in
maximum limits so as to hold harmless the Civic Center, the
City of Chicago and the State from all financial loss,
damage or harm; and
(v) all applicable local ordinances are complied with.
Alcoholic liquors may be delivered or sold in any building
belonging to or under the control of any city, village or

incorporated town where more than 75% of the physical
properties of the building is used for commercial or
recreational purposes, and the building is located upon a pier
extending into or over the waters of a navigable lake or stream
or on the shore of a navigable lake or stream. In accordance
with a license issued under this Act, alcoholic liquor may be
sold, served, or delivered in buildings and facilities under
the control of the Department of Natural Resources during
events or activities lasting no more than 7 continuous days
upon the written approval of the Director of Natural Resources
acting as the controlling government authority. The Director of
Natural Resources may specify conditions on that approval,
including but not limited to requirements for insurance and
hours of operation. Notwithstanding any other provision of this
Act, alcoholic liquor sold by a United States Army Corps of
Engineers or Department of Natural Resources concessionaire
who was operating on June 1, 1991 for on-premises consumption
only is not subject to the provisions of Articles IV and IX.
Beer and wine may be sold on the premises of the Joliet Park
District Stadium owned by the Joliet Park District when written
consent to the issuance of a license to sell beer and wine in
such premises is filed with the local liquor commissioner by
the Joliet Park District. Beer and wine may be sold in
buildings on the grounds of State veterans' homes when written
consent to the issuance of a license to sell beer and wine in
such buildings is filed with the Commission by the Department

of Veterans' Affairs, and the facility shall provide dram shop
liability in maximum insurance coverage limits so as to save
the facility harmless from all financial loss, damage or harm.
Such liquors may be delivered to and sold at any property owned
or held under lease by a Metropolitan Pier and Exposition
Authority or Metropolitan Exposition and Auditorium Authority.
Beer and wine may be sold and dispensed at professional
sporting events and at professional concerts and other
entertainment events conducted on premises owned by the Forest
Preserve District of Kane County, subject to the control of the
District Commissioners and applicable local law, provided that
dram shop liability insurance is provided at maximum coverage
limits so as to hold the District harmless from all financial
loss, damage and harm.
Nothing in this Section shall preclude the sale or delivery
of beer and wine at a State or county fair or the sale or
delivery of beer or wine at a city fair in any otherwise lawful
manner.
Alcoholic liquors may be sold at retail in buildings in
State parks under the control of the Department of Natural
Resources, provided:
a. the State park has overnight lodging facilities with
some restaurant facilities or, not having overnight
lodging facilities, has restaurant facilities which serve
complete luncheon and dinner or supper meals,
b. consent to the issuance of a license to sell

alcoholic liquors in the buildings has been filed with the
commission by the Department of Natural Resources, and
c. the alcoholic liquors are sold by the State park
lodge or restaurant concessionaire only during the hours
from 11 o'clock a.m. until 12 o'clock midnight.
Notwithstanding any other provision of this Act, alcoholic
liquor sold by the State park or restaurant concessionaire
is not subject to the provisions of Articles IV and IX.
Alcoholic liquors may be sold at retail in buildings on
properties under the control of the Historic Sites and
Preservation Division of the Historic Preservation Agency or
the Abraham Lincoln Presidential Library and Museum provided:
a. the property has overnight lodging facilities with
some restaurant facilities or, not having overnight
lodging facilities, has restaurant facilities which serve
complete luncheon and dinner or supper meals,
b. consent to the issuance of a license to sell
alcoholic liquors in the buildings has been filed with the
commission by the Historic Sites and Preservation Division
of the Historic Preservation Agency or the Abraham Lincoln
Presidential Library and Museum, and
c. the alcoholic liquors are sold by the lodge or
restaurant concessionaire only during the hours from 11
o'clock a.m. until 12 o'clock midnight.
The sale of alcoholic liquors pursuant to this Section does
not authorize the establishment and operation of facilities

commonly called taverns, saloons, bars, cocktail lounges, and
the like except as a part of lodge and restaurant facilities in
State parks or golf courses owned by Forest Preserve Districts
with a population of less than 3,000,000 or municipalities or
park districts.
Alcoholic liquors may be sold at retail in the Springfield
Administration Building of the Department of Transportation
and the Illinois State Armory in Springfield; provided, that
the controlling government authority may consent to such sales
only if
a. the request is from a not-for-profit organization;
b. such sales would not impede normal operations of the
departments involved;
c. the not-for-profit organization provides dram shop
liability in maximum insurance coverage limits and agrees
to defend, save harmless and indemnify the State of
Illinois from all financial loss, damage or harm;
d. no such sale shall be made during normal working
hours of the State of Illinois; and
e. the consent is in writing.
Alcoholic liquors may be sold at retail in buildings in
recreational areas of river conservancy districts under the
control of, or leased from, the river conservancy districts.
Such sales are subject to reasonable local regulations as
provided in Article IV; however, no such regulations may
prohibit or substantially impair the sale of alcoholic liquors

on Sundays or Holidays.
Alcoholic liquors may be provided in long term care
facilities owned or operated by a county under Division 5-21 or
5-22 of the Counties Code, when approved by the facility
operator and not in conflict with the regulations of the
Illinois Department of Public Health, to residents of the
facility who have had their consumption of the alcoholic
liquors provided approved in writing by a physician licensed to
practice medicine in all its branches.
Alcoholic liquors may be delivered to and dispensed in
State housing assigned to employees of the Department of
Corrections. No person shall furnish or allow to be furnished
any alcoholic liquors to any prisoner confined in any jail,
reformatory, prison or house of correction except upon a
physician's prescription for medicinal purposes.
Alcoholic liquors may be sold at retail or dispensed at the
Willard Ice Building in Springfield, at the State Library in
Springfield, and at Illinois State Museum facilities by (1) an
agency of the State, whether legislative, judicial or
executive, provided that such agency first obtains written
permission to sell or dispense alcoholic liquors from the
controlling government authority, or by (2) a not-for-profit
organization, provided that such organization:
a. Obtains written consent from the controlling
government authority;
b. Sells or dispenses the alcoholic liquors in a manner

that does not impair normal operations of State offices
located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing of
alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the services
of a catering establishment for the selling or dispensing of
alcoholic liquors at authorized functions.
The controlling government authority for the Willard Ice
Building in Springfield shall be the Director of the Department
of Revenue. The controlling government authority for Illinois
State Museum facilities shall be the Director of the Illinois
State Museum. The controlling government authority for the
State Library in Springfield shall be the Secretary of State.
Alcoholic liquors may be delivered to and sold at retail or
dispensed at any facility, property or building under the
jurisdiction of the Historic Sites and Preservation Division of
the Historic Preservation Agency or the Abraham Lincoln
Presidential Library and Museum where the delivery, sale or
dispensing is by (1) an agency of the State, whether

legislative, judicial or executive, provided that such agency
first obtains written permission to sell or dispense alcoholic
liquors from a controlling government authority, or by (2) an
individual or organization provided that such individual or
organization:
a. Obtains written consent from the controlling
government authority;
b. Sells or dispenses the alcoholic liquors in a manner
that does not impair normal workings of State offices or
operations located at the facility, property or building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity of the individual or
organization in the facility, property or building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing of
alcoholic liquors.
The controlling government authority for the Historic
Sites and Preservation Division of the Historic Preservation
Agency shall be the Director of the Historic Sites and
Preservation, and the controlling government authority for the
Abraham Lincoln Presidential Library and Museum shall be the
Director of the Abraham Lincoln Presidential Library and
Museum.

Alcoholic liquors may be delivered to and sold at retail or
dispensed for consumption at the Michael Bilandic Building at
160 North LaSalle Street, Chicago IL 60601, after the normal
business hours of any day care or child care facility located
in the building, by (1) a commercial tenant or subtenant
conducting business on the premises under a lease made pursuant
to Section 405-315 of the Department of Central Management
Services Law (20 ILCS 405/405-315), provided that such tenant
or subtenant who accepts delivery of, sells, or dispenses
alcoholic liquors shall procure and maintain dram shop
liability insurance in maximum coverage limits and in which the
carrier agrees to defend, indemnify, and save harmless the
State of Illinois from all financial loss, damage, or harm
arising out of the delivery, sale, or dispensing of alcoholic
liquors, or by (2) an agency of the State, whether legislative,
judicial, or executive, provided that such agency first obtains
written permission to accept delivery of and sell or dispense
alcoholic liquors from the Director of Central Management
Services, or by (3) a not-for-profit organization, provided
that such organization:
a. obtains written consent from the Department of
Central Management Services;
b. accepts delivery of and sells or dispenses the
alcoholic liquors in a manner that does not impair normal
operations of State offices located in the building;
c. accepts delivery of and sells or dispenses alcoholic

liquors only in connection with an official activity in the
building; and
d. provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, save harmless, and
indemnify the State of Illinois from all financial loss,
damage, or harm arising out of the selling or dispensing of
alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the services
of a catering establishment for the selling or dispensing of
alcoholic liquors at functions authorized by the Director of
Central Management Services.
Alcoholic liquors may be sold at retail or dispensed at the
James R. Thompson Center in Chicago, subject to the provisions
of Section 7.4 of the State Property Control Act, and 222 South
College Street in Springfield, Illinois by (1) a commercial
tenant or subtenant conducting business on the premises under a
lease or sublease made pursuant to Section 405-315 of the
Department of Central Management Services Law (20 ILCS
405/405-315), provided that such tenant or subtenant who sells
or dispenses alcoholic liquors shall procure and maintain dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, indemnify and save harmless
the State of Illinois from all financial loss, damage or harm
arising out of the sale or dispensing of alcoholic liquors, or

by (2) an agency of the State, whether legislative, judicial or
executive, provided that such agency first obtains written
permission to sell or dispense alcoholic liquors from the
Director of Central Management Services, or by (3) a
not-for-profit organization, provided that such organization:
a. Obtains written consent from the Department of
Central Management Services;
b. Sells or dispenses the alcoholic liquors in a manner
that does not impair normal operations of State offices
located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing of
alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the services
of a catering establishment for the selling or dispensing of
alcoholic liquors at functions authorized by the Director of
Central Management Services.
Alcoholic liquors may be sold or delivered at any facility
owned by the Illinois Sports Facilities Authority provided that
dram shop liability insurance has been made available in a

form, with such coverage and in such amounts as the Authority
reasonably determines is necessary.
Alcoholic liquors may be sold at retail or dispensed at the
Rockford State Office Building by (1) an agency of the State,
whether legislative, judicial or executive, provided that such
agency first obtains written permission to sell or dispense
alcoholic liquors from the Department of Central Management
Services, or by (2) a not-for-profit organization, provided
that such organization:
a. Obtains written consent from the Department of
Central Management Services;
b. Sells or dispenses the alcoholic liquors in a manner
that does not impair normal operations of State offices
located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing of
alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the services
of a catering establishment for the selling or dispensing of
alcoholic liquors at functions authorized by the Department of

Central Management Services.
Alcoholic liquors may be sold or delivered in a building
that is owned by McLean County, situated on land owned by the
county in the City of Bloomington, and used by the McLean
County Historical Society if the sale or delivery is approved
by an ordinance adopted by the county board, and the
municipality in which the building is located may not prohibit
that sale or delivery, notwithstanding any other provision of
this Section. The regulation of the sale and delivery of
alcoholic liquor in a building that is owned by McLean County,
situated on land owned by the county, and used by the McLean
County Historical Society as provided in this paragraph is an
exclusive power and function of the State and is a denial and
limitation under Article VII, Section 6, subsection (h) of the
Illinois Constitution of the power of a home rule municipality
to regulate that sale and delivery.
Alcoholic liquors may be sold or delivered in any building
situated on land held in trust for any school district
organized under Article 34 of the School Code, if the building
is not used for school purposes and if the sale or delivery is
approved by the board of education.
Alcoholic liquors may be sold or delivered in buildings
owned by the Community Building Complex Committee of Boone
County, Illinois if the person or facility selling or
dispensing the alcoholic liquor has provided dram shop
liability insurance with coverage and in amounts that the

Committee reasonably determines are necessary.
Alcoholic liquors may be sold or delivered in the building
located at 1200 Centerville Avenue in Belleville, Illinois and
occupied by either the Belleville Area Special Education
District or the Belleville Area Special Services Cooperative.
Alcoholic liquors may be delivered to and sold at the Louis
Joliet Renaissance Center, City Center Campus, located at 214
N. Ottawa Street, Joliet, and the Food Services/Culinary Arts
Department facilities, Main Campus, located at 1215 Houbolt
Road, Joliet, owned by or under the control of Joliet Junior
College, Illinois Community College District No. 525.
Alcoholic liquors may be delivered to and sold at Triton
College, Illinois Community College District No. 504.
Alcoholic liquors may be delivered to and sold at the
College of DuPage, Illinois Community College District No. 502.
Alcoholic liquors may be delivered to and sold at the
building located at 446 East Hickory Avenue in Apple River,
Illinois, owned by the Apple River Fire Protection District,
and occupied by the Apple River Community Association if the
alcoholic liquor is sold or dispensed only in connection with
organized functions approved by the Apple River Community
Association for which the planned attendance is 20 or more
persons and if the person or facility selling or dispensing the
alcoholic liquor has provided dram shop liability insurance in
maximum limits so as to hold harmless the Apple River Fire
Protection District, the Village of Apple River, and the Apple

River Community Association from all financial loss, damage,
and harm.
Alcoholic liquors may be delivered to and sold at the Sikia
Restaurant, Kennedy King College Campus, located at 740 West
63rd Street, Chicago, and at the Food Services in the Great
Hall/Washburne Culinary Institute Department facility, Kennedy
King College Campus, located at 740 West 63rd Street, Chicago,
owned by or under the control of City Colleges of Chicago,
Illinois Community College District No. 508.
(Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51,
eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11;
97-395, eff. 8-16-11; 97-813, eff. 7-13-12; 97-1166, eff.
3-1-13; 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; revised
9-24-13.)
(235 ILCS 5/7-1) (from Ch. 43, par. 145)
Sec. 7-1. An applicant for a retail license from the State
Commission shall submit to the State Commission an application
in writing under oath stating:
(1) The applicant's name and mailing address;
(2) The name and address of the applicant's business;
(3) If applicable, the date of the filing of the
"assumed name" of the business with the County Clerk;
(4) In case of a copartnership, the date of the
formation of the partnership; in the case of an Illinois
corporation, the date of its incorporation; or in the case

of a foreign corporation, the State where it was
incorporated and the date of its becoming qualified under
the Business Corporation Act of 1983 to transact business
in the State of Illinois;
(5) The number, the date of issuance and the date of
expiration of the applicant's current local retail liquor
license;
(6) The name of the city, village, or county that
issued the local retail liquor license;
(7) The name and address of the landlord if the
premises are leased;
(8) The date of the applicant's first request for a
State liquor license and whether it was granted, denied or
withdrawn;
(9) The address of the applicant when the first
application for a State liquor license was made;
(10) The applicant's current State liquor license
number;
(11) The date the applicant began liquor sales at his
place of business;
(12) The address of the applicant's warehouse if he
warehouses liquor;
(13) The applicant's Retailers' Retailer's Occupation
Tax (ROT) Registration Number;
(14) The applicant's document locator locater number
on his Federal Special Tax Stamp;

(15) Whether the applicant is delinquent in the payment
of the Retailers' Occupation Retailer's Occupational Tax
(Sales Tax), and if so, the reasons therefor;
(16) Whether the applicant is delinquent under the cash
beer law, and if so, the reasons therefor;
(17) In the case of a retailer, whether he is
delinquent under the 30-day 30 day credit law, and if so,
the reasons therefor;
(18) In the case of a distributor, whether he is
delinquent under the 15-day 15 day credit law, and if so,
the reasons therefor;
(19) Whether the applicant has made an application for
a liquor license which has been denied, and if so, the
reasons therefor;
(20) Whether the applicant has ever had any previous
liquor license suspended or revoked, and if so, the reasons
therefor;
(21) Whether the applicant has ever been convicted of a
gambling offense or felony, and if so, the particulars
thereof;
(22) Whether the applicant possesses a current Federal
Wagering Stamp, and if so, the reasons therefor;
(23) Whether the applicant, or any other person,
directly in his place of business is a public official, and
if so, the particulars thereof;
(24) The applicant's name, sex, date of birth, social

security number, position and percentage of ownership in
the business; and the name, sex, date of birth, social
security number, position and percentage of ownership in
the business of every sole owner, partner, corporate
officer, director, manager and any person who owns 5% or
more of the shares of the applicant business entity or
parent corporations of the applicant business entity; and
(25) That he has not received or borrowed money or
anything else of value, and that he will not receive or
borrow money or anything else of value (other than
merchandising credit in the ordinary course of business for
a period not to exceed 90 days as herein expressly
permitted under Section 6-5 hereof), directly or
indirectly, from any manufacturer, importing distributor
or distributor or from any representative of any such
manufacturer, importing distributor or distributor, nor be
a party in any way, directly or indirectly, to any
violation by a manufacturer, distributor or importing
distributor of Section 6-6 of this Act.
In addition to any other requirement of this Section, an
applicant for a special use permit license and a special event
retailer's license shall also submit (A) proof satisfactory to
the Commission that the applicant has a resale number issued
under Section 2c of the Retailers' Retailer's Occupation Tax
Act or that the applicant is registered under Section 2a of the
Retailers' Retailer's Occupation Tax Act, (B) proof

satisfactory to the Commission that the applicant has a
current, valid exemption identification number issued under
Section 1g of the Retailers' Occupation Tax Act and a
certification to the Commission that the purchase of alcoholic
liquors will be a tax-exempt purchase, or (C) a statement that
the applicant is not registered under Section 2a of the
Retailers' Occupation Tax Act, does not hold a resale number
under Section 2c of the Retailers' Occupation Tax Act, and does
not hold an exemption number under Section 1g of the Retailers'
Occupation Tax Act. The applicant shall also submit proof of
adequate dram shop insurance for the special event prior to
being issued a license.
In addition to the foregoing information, such application
shall contain such other and further information as the State
Commission and the local commission may, by rule or regulation
not inconsistent with law, prescribe.
If the applicant reports a felony conviction as required
under paragraph (21) of this Section, such conviction may be
considered by the Commission in determining qualifications for
licensing, but shall not operate as a bar to licensing.
If said application is made in behalf of a partnership,
firm, association, club or corporation, then the same shall be
signed by one member of such partnership or the president or
secretary of such corporation or an authorized agent of said
partnership or corporation.
All other applications shall be on forms prescribed by the

State Commission, and which may exclude any of the above
requirements which the State Commission rules to be
inapplicable.
(Source: P.A. 90-596, eff. 6-24-98; 91-357, eff. 7-29-99;
revised 11-12-13.)
Section 540. The Illinois Public Aid Code is amended by
changing Sections 1-10, 5-5, 5-5.2, 5-5.4, 5-5f, 5A-5, 5A-8,
5A-12.4, 11-5.2, and 12-4.25 and by setting forth and
renumbering multiple versions of Section 12-4.45 as follows:
(305 ILCS 5/1-10)
Sec. 1-10. Drug convictions.
(a) Persons convicted of an offense under the Illinois
Controlled Substances Act, the Cannabis Control Act, or the
Methamphetamine Control and Community Protection Act which is a
Class X felony, or a Class 1 felony, or comparable federal
criminal law which has as an element the possession, use, or
distribution of a controlled substance, as defined in Section
102(6) of the federal Controlled Substances Act (21 U.S.C.
802(c)), shall not be eligible for cash assistance provided
under this Code.
(b) Persons convicted of any other felony under the
Illinois Controlled Substances Act, the Cannabis Control Act,
or the Methamphetamine Control and Community Protection Act
which is not a Class X or Class 1 felony, or comparable federal

criminal law which has as an element the possession, use, or
distribution of a controlled substance, as defined in Section
102(6) of the federal Controlled Substances Act (21 U.S.C.
802(c)), shall not be eligible for cash assistance provided
under this Code for 2 years from the date of conviction. This
prohibition shall not apply if the person is in a drug
treatment program, aftercare program, or similar program as
defined by rule.
(c) Persons shall not be determined ineligible for food
stamps provided under this Code based upon a conviction of any
felony or comparable federal or State criminal law which has an
element the possession, use or distribution of a controlled
substance, as defined in Section 102(6) of the federal
Controlled Substances Substance Act (21 U.S.C. 802(c)).
(Source: P.A. 94-556, eff. 9-11-05; revised 11-12-13.)
(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, but not including abortions, or induced
miscarriages or premature births, unless, in the opinion of a
physician, such procedures are necessary for the preservation
of the life of the woman seeking such treatment, or except an
induced premature birth intended to produce a live viable child
and such procedure is necessary for the health of the mother or
her unborn child. The Illinois Department, by rule, shall
prohibit any physician from providing medical assistance to
anyone eligible therefor under this Code where such physician
has been found guilty of performing an abortion procedure in a
wilful and wanton manner upon a woman who was not pregnant at
the time such abortion procedure was performed. The term "any
other type of remedial care" shall include nursing care and
nursing home service for persons who rely on treatment by
spiritual means alone through prayer for healing.
Notwithstanding any other provision of this Section, a
comprehensive tobacco use cessation program that includes
purchasing prescription drugs or prescription medical devices

approved by the Food and Drug Administration shall be covered
under the medical assistance program under this Article for
persons who are otherwise eligible for assistance under this
Article.
Notwithstanding any other provision of this Code, the
Illinois Department may not require, as a condition of payment
for any laboratory test authorized under this Article, that a
physician's handwritten signature appear on the laboratory
test order form. The Illinois Department may, however, impose
other appropriate requirements regarding laboratory test order
documentation.
On and after July 1, 2012, the Department of Healthcare and
Family Services may provide the following services to persons
eligible for assistance under this Article who are
participating in education, training or employment programs
operated by the Department of Human Services as successor to
the Department of Public Aid:
(1) dental services provided by or under the
supervision of a dentist; and
(2) eyeglasses prescribed by a physician skilled in the
diseases of the eye, or by an optometrist, whichever the
person may select.
Notwithstanding any other provision of this Code and
subject to federal approval, the Department may adopt rules to
allow a dentist who is volunteering his or her service at no
cost to render dental services through an enrolled

not-for-profit health clinic without the dentist personally
enrolling as a participating provider in the medical assistance
program. A not-for-profit health clinic shall include a public
health clinic or Federally Qualified Health Center or other
enrolled provider, as determined by the Department, through
which dental services covered under this Section are performed.
The Department shall establish a process for payment of claims
for reimbursement for covered dental services rendered under
this provision.
The Illinois Department, by rule, may distinguish and
classify the medical services to be provided only in accordance
with the classes of persons designated in Section 5-2.
The Department of Healthcare and Family Services must
provide coverage and reimbursement for amino acid-based
elemental formulas, regardless of delivery method, for the
diagnosis and treatment of (i) eosinophilic disorders and (ii)
short bowel syndrome when the prescribing physician has issued
a written order stating that the amino acid-based elemental
formula is medically necessary.
The Illinois Department shall authorize the provision of,
and shall authorize payment for, screening by low-dose
mammography for the presence of occult breast cancer for women
35 years of age or older who are eligible for medical
assistance under this Article, as follows:
(A) A baseline mammogram for women 35 to 39 years of
age.

(B) An annual mammogram for women 40 years of age or
older.
(C) A mammogram at the age and intervals considered
medically necessary by the woman's health care provider for
women under 40 years of age and having a family history of
breast cancer, prior personal history of breast cancer,
positive genetic testing, or other risk factors.
(D) A comprehensive ultrasound screening of an entire
breast or breasts if a mammogram demonstrates
heterogeneous or dense breast tissue, when medically
necessary as determined by a physician licensed to practice
medicine in all of its branches.
All screenings shall include a physical breast exam,
instruction on self-examination and information regarding the
frequency of self-examination and its value as a preventative
tool. For purposes of this Section, "low-dose mammography"
means the x-ray examination of the breast using equipment
dedicated specifically for mammography, including the x-ray
tube, filter, compression device, and image receptor, with an
average radiation exposure delivery of less than one rad per
breast for 2 views of an average size breast. The term also
includes digital mammography.
On and after January 1, 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.
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.
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 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. 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.
Any medical or health care provider shall immediately
recommend, to any pregnant woman who is being provided prenatal
services and is suspected of drug abuse or is addicted as
defined in the Alcoholism and Other Drug Abuse and Dependency
Act, referral to a local substance abuse treatment provider
licensed by the Department of Human Services or to a licensed
hospital which provides substance abuse treatment services.
The Department of Healthcare and Family Services shall assure
coverage for the cost of treatment of the drug abuse or
addiction for pregnant recipients in accordance with the
Illinois Medicaid Program in conjunction with the Department of
Human Services.
All medical providers providing medical assistance to
pregnant women under this Code shall receive information from
the Department on the availability of services under the Drug
Free Families with a Future or any comparable program providing
case management services for addicted women, including
information on appropriate referrals for other social services
that may be needed by addicted women in addition to treatment
for addiction.
The Illinois Department, in cooperation with the

Departments of Human Services (as successor to the Department
of Alcoholism and Substance Abuse) and Public Health, through a
public awareness campaign, may provide information concerning
treatment for alcoholism and drug abuse and addiction, prenatal
health care, and other pertinent programs directed at reducing
the number of drug-affected infants born to recipients of
medical assistance.
Neither the Department of Healthcare and Family Services
nor the Department of Human Services shall sanction the
recipient solely on the basis of her substance abuse.
The Illinois Department shall establish such regulations
governing the dispensing of health services under this Article
as it shall deem appropriate. The Department should seek the
advice of formal professional advisory committees appointed by
the Director of the Illinois Department for the purpose of
providing regular advice on policy and administrative matters,
information dissemination and educational activities for
medical and health care providers, and consistency in
procedures to the Illinois Department.
The Illinois Department may develop and contract with
Partnerships of medical providers to arrange medical services
for persons eligible under Section 5-2 of this Code.
Implementation of this Section may be by demonstration projects
in certain geographic areas. The Partnership shall be
represented by a sponsor organization. The Department, by rule,
shall develop qualifications for sponsors of Partnerships.

Nothing in this Section shall be construed to require that the
sponsor organization be a medical organization.
The sponsor must negotiate formal written contracts with
medical providers for physician services, inpatient and
outpatient hospital care, home health services, treatment for
alcoholism and substance abuse, and other services determined
necessary by the Illinois Department by rule for delivery by
Partnerships. Physician services must include prenatal and
obstetrical care. The Illinois Department shall reimburse
medical services delivered by Partnership providers to clients
in target areas according to provisions of this Article and the
Illinois Health Finance Reform Act, except that:
(1) Physicians participating in a Partnership and
providing certain services, which shall be determined by
the Illinois Department, to persons in areas covered by the
Partnership may receive an additional surcharge for such
services.
(2) The Department may elect to consider and negotiate
financial incentives to encourage the development of
Partnerships and the efficient delivery of medical care.
(3) Persons receiving medical services through
Partnerships may receive medical and case management
services above the level usually offered through the
medical assistance program.
Medical providers shall be required to meet certain
qualifications to participate in Partnerships to ensure the

delivery of high quality medical services. These
qualifications shall be determined by rule of the Illinois
Department and may be higher than qualifications for
participation in the medical assistance program. Partnership
sponsors may prescribe reasonable additional qualifications
for participation by medical providers, only with the prior
written approval of the Illinois Department.
Nothing in this Section shall limit the free choice of
practitioners, hospitals, and other providers of medical
services by clients. In order to ensure patient freedom of
choice, the Illinois Department shall immediately promulgate
all rules and take all other necessary actions so that provided
services may be accessed from therapeutically certified
optometrists to the full extent of the Illinois Optometric
Practice Act of 1987 without discriminating between service
providers.
The Department shall apply for a waiver from the United
States Health Care Financing Administration to allow for the
implementation of Partnerships under this Section.
The Illinois Department shall require health care
providers to maintain records that document the medical care
and services provided to recipients of Medical Assistance under
this Article. Such records must be retained for a period of not
less than 6 years from the date of service or as provided by
applicable State law, whichever period is longer, except that
if an audit is initiated within the required retention period

then the records must be retained until the audit is completed
and every exception is resolved. The Illinois Department shall
require health care providers to make available, when
authorized by the patient, in writing, the medical records in a
timely fashion to other health care providers who are treating
or serving persons eligible for Medical Assistance under this
Article. All dispensers of medical services shall be required
to maintain and retain business and professional records
sufficient to fully and accurately document the nature, scope,
details and receipt of the health care provided to persons
eligible for medical assistance under this Code, in accordance
with regulations promulgated by the Illinois Department. The
rules and regulations shall require that proof of the receipt
of prescription drugs, dentures, prosthetic devices and
eyeglasses by eligible persons under this Section accompany
each claim for reimbursement submitted by the dispenser of such
medical services. No such claims for reimbursement shall be
approved for payment by the Illinois Department without such
proof of receipt, unless the Illinois Department shall have put
into effect and shall be operating a system of post-payment
audit and review which shall, on a sampling basis, be deemed
adequate by the Illinois Department to assure that such drugs,
dentures, prosthetic devices and eyeglasses for which payment
is being made are actually being received by eligible
recipients. Within 90 days after the effective date of this
amendatory Act of 1984, the Illinois Department shall establish

a current list of acquisition costs for all prosthetic devices
and any other items recognized as medical equipment and
supplies reimbursable under this Article and shall update such
list on a quarterly basis, except that the acquisition costs of
all prescription drugs shall be updated no less frequently than
every 30 days as required by Section 5-5.12.
The rules and regulations of the Illinois Department shall
require that a written statement including the required opinion
of a physician shall accompany any claim for reimbursement for
abortions, or induced miscarriages or premature births. This
statement shall indicate what procedures were used in providing
such medical services.
Notwithstanding any other law to the contrary, the Illinois
Department shall, within 365 days after July 22, 2013 (the
effective date of Public Act 98-104) this amendatory Act of the
98th General Assembly, 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 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, admission
documents shall be submitted within 30 days of an admission to
the facility 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. Confirmation numbers
assigned to an accepted transaction shall be retained by a
facility to verify timely submittal. Once an admission
transaction has been completed, all resubmitted claims
following prior rejection are subject to receipt no later than
180 days after the admission transaction has been completed.
Claims that are not submitted and received in compliance
with the foregoing requirements shall not be eligible for
payment under the medical assistance program, and the State
shall have no liability for payment of those claims.
To the extent consistent with applicable information and
privacy, security, and disclosure laws, State and federal
agencies and departments shall provide the Illinois Department
access to confidential and other information and data necessary
to perform eligibility and payment verifications and other
Illinois Department functions. This includes, but is not
limited to: information pertaining to licensure;
certification; earnings; immigration status; citizenship; wage
reporting; unearned and earned income; pension income;
employment; supplemental security income; social security
numbers; National Provider Identifier (NPI) numbers; the

National Practitioner Data Bank (NPDB); program and agency
exclusions; taxpayer identification numbers; tax delinquency;
corporate information; and death records.
The Illinois Department shall enter into agreements with
State agencies and departments, and is authorized to enter into
agreements with federal agencies and departments, under which
such agencies and departments shall share data necessary for
medical assistance program integrity functions and oversight.
The Illinois Department shall develop, in cooperation with
other State departments and agencies, and in compliance with
applicable federal laws and regulations, appropriate and
effective methods to share such data. At a minimum, and to the
extent necessary to provide data sharing, the Illinois
Department shall enter into agreements with State agencies and
departments, and is authorized to enter into agreements with
federal agencies and departments, including but not limited to:
the Secretary of State; the Department of Revenue; the
Department of Public Health; the Department of Human Services;
and the Department of Financial and Professional Regulation.
Beginning in fiscal year 2013, the Illinois Department
shall set forth a request for information to identify the
benefits of a pre-payment, post-adjudication, and post-edit
claims system with the goals of streamlining claims processing
and provider reimbursement, reducing the number of pending or
rejected claims, and helping to ensure a more transparent
adjudication process through the utilization of: (i) provider

data verification and provider screening technology; and (ii)
clinical code editing; and (iii) pre-pay, pre- or
post-adjudicated predictive modeling with an integrated case
management system with link analysis. Such a request for
information shall not be considered as a request for proposal
or as an obligation on the part of the Illinois Department to
take any action or acquire any products or services.
The Illinois Department shall establish policies,
procedures, standards and criteria by rule for the acquisition,
repair and replacement of orthotic and prosthetic devices and
durable medical equipment. Such rules shall provide, but not be
limited to, the following services: (1) immediate repair or
replacement of such devices by recipients; and (2) rental,
lease, purchase or lease-purchase of durable medical equipment
in a cost-effective manner, taking into consideration the
recipient's medical prognosis, the extent of the recipient's
needs, and the requirements and costs for maintaining such
equipment. Subject to prior approval, such rules shall enable a
recipient to temporarily acquire and use alternative or
substitute devices or equipment pending repairs or
replacements of any device or equipment previously authorized
for such recipient by the Department.
The Department shall execute, relative to the nursing home
prescreening project, written inter-agency agreements with the
Department of Human Services and the Department on Aging, to
effect the following: (i) intake procedures and common

eligibility criteria for those persons who are receiving
non-institutional services; and (ii) the establishment and
development of non-institutional services in areas of the State
where they are not currently available or are undeveloped; and
(iii) notwithstanding any other provision of law, subject to
federal approval, on and after July 1, 2012, an increase in the
determination of need (DON) scores from 29 to 37 for applicants
for institutional and home and community-based long term care;
if and only if federal approval is not granted, the Department
may, in conjunction with other affected agencies, implement
utilization controls or changes in benefit packages to
effectuate a similar savings amount for this population; and
(iv) no later than July 1, 2013, minimum level of care
eligibility criteria for institutional and home and
community-based long term care; and (v) no later than October
1, 2013, establish procedures to permit long term care
providers access to eligibility scores for individuals with an
admission date who are seeking or receiving services from the
long term care provider. In order to select the minimum level
of care eligibility criteria, the Governor shall establish a
workgroup that includes affected agency representatives and
stakeholders representing the institutional and home and
community-based long term care interests. This Section shall
not restrict the Department from implementing lower level of
care eligibility criteria for community-based services in
circumstances where federal approval has been granted.

The Illinois Department shall develop and operate, in
cooperation with other State Departments and agencies and in
compliance with applicable federal laws and regulations,
appropriate and effective systems of health care evaluation and
programs for monitoring of utilization of health care services
and facilities, as it affects persons eligible for medical
assistance under this Code.
The Illinois Department shall report annually to the
General Assembly, no later than the second Friday in April of
1979 and each year thereafter, in regard to:
(a) actual statistics and trends in utilization of
medical services by public aid recipients;
(b) actual statistics and trends in the provision of
the various medical services by medical vendors;
(c) current rate structures and proposed changes in
those rate structures for the various medical vendors; and
(d) efforts at utilization review and control by the
Illinois Department.
The period covered by each report shall be the 3 years
ending on the June 30 prior to the report. The report shall
include suggested legislation for consideration by the General
Assembly. The filing of one copy of the report with the
Speaker, one copy with the Minority Leader and one copy with
the Clerk of the House of Representatives, one copy with the
President, one copy with the Minority Leader and one copy with
the Secretary of the Senate, one copy with the Legislative

Research Unit, and such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act shall be deemed sufficient to comply with this
Section.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
On and after July 1, 2012, the Department shall reduce any
rate of reimbursement for services or other payments or alter
any methodologies authorized by this Code to reduce any rate of
reimbursement for services or other payments in accordance with
Section 5-5e.
(Source: P.A. 97-48, eff. 6-28-11; 97-638, eff. 1-1-12; 97-689,
eff. 6-14-12; 97-1061, eff. 8-24-12; 98-104, Article 9, Section
9-5, eff. 7-22-13; 98-104, Article 12, Section 12-20, eff.
7-22-13; 98-303, eff. 8-9-13; 98-463, eff. 8-16-13; revised
9-19-13.)
(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.
(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 on
January 1, 2014 shall be the quotient of the paragraph (1)
divided by the sum calculated under subparagraph (D) of
paragraph (2).
(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) Notwithstanding any other provision of this Code, the
Department shall by rule develop a reimbursement methodology
reflective of the intensity of care and services requirements
of low need residents in the lowest RUG IV groupers and
corresponding regulations. Only that portion of the RUGs
Reimbursement System spending pool described in subsection
(d-1) attributed to the groupers as of July 1, 2013 for which
the methodology in this Section is developed may be diverted
for this purpose. The Department shall submit the rules no
later than January 1, 2014 for an implementation date no later
than January 1, 2015. If the Department does not implement this
reimbursement methodology by the required date, the nursing
component per diem on January 1, 2015 for residents classified
in RUG-IV groups PA1, PA2, BA1, and BA2 shall be the blended
rate of the calculated RUG-IV nursing component per diem and
the nursing component per diem in effect on July 1, 2012. This
blended rate shall be applied only to nursing homes whose
resident population is greater than or equal to 70% of the
total residents served and whose RUG-IV nursing component per
diem rate is less than the nursing component per diem in effect
on July 1, 2012. This blended rate shall be in effect until the
reimbursement methodology is implemented or until July 1, 2019,
whichever is sooner.
(e-1) Notwithstanding any other provision of this Article,
rates established pursuant to this subsection shall not apply

to any and all nursing facilities designated by the Department
as "Institutions for Mental Disease" and shall be excluded from
the RUGs Reimbursement System applicable to facilities not
designated as "Institutions for the Mentally Diseased" by the
Department.
(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%.
(Source: P.A. 97-689, eff. 6-14-12; 98-104, Article 6, Section
6-240, eff. 7-22-13; 98-104, Article 11, Section 11-35, eff.
7-22-13; revised 9-19-13.)
(305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
Sec. 5-5.4. Standards of Payment - Department of Healthcare
and Family Services. The Department of Healthcare and Family
Services shall develop standards of payment of nursing facility
and ICF/DD services in facilities providing such services under
this Article which:
(1) Provide for the determination of a facility's payment
for nursing facility or ICF/DD services on a prospective basis.
The amount of the payment rate for all nursing facilities
certified by the Department of Public Health under the ID/DD
Community Care Act or the Nursing Home Care Act as Intermediate
Care for the Developmentally Disabled facilities, Long Term
Care for Under Age 22 facilities, Skilled Nursing facilities,
or Intermediate Care facilities under the medical assistance
program shall be prospectively established annually on the
basis of historical, financial, and statistical data

reflecting actual costs from prior years, which shall be
applied to the current rate year and updated for inflation,
except that the capital cost element for newly constructed
facilities shall be based upon projected budgets. The annually
established payment rate shall take effect on July 1 in 1984
and subsequent years. No rate increase and no update for
inflation shall be provided on or after July 1, 1994, unless
specifically provided for in this Section. The changes made by
Public Act 93-841 extending the duration of the prohibition
against a rate increase or update for inflation are effective
retroactive to July 1, 2004.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on July 1, 1998
shall include an increase of 3%. For facilities licensed by the
Department of Public Health under the Nursing Home Care Act as
Skilled Nursing facilities or Intermediate Care facilities,
the rates taking effect on July 1, 1998 shall include an
increase of 3% plus $1.10 per resident-day, as defined by the
Department. For facilities licensed by the Department of Public
Health under the Nursing Home Care Act as Intermediate Care
Facilities for the Developmentally Disabled or Long Term Care
for Under Age 22 facilities, the rates taking effect on January
1, 2006 shall include an increase of 3%. For facilities
licensed by the Department of Public Health under the Nursing

Home Care Act as Intermediate Care Facilities for the
Developmentally Disabled or Long Term Care for Under Age 22
facilities, the rates taking effect on January 1, 2009 shall
include an increase sufficient to provide a $0.50 per hour wage
increase for non-executive staff.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on July 1, 1999
shall include an increase of 1.6% plus $3.00 per resident-day,
as defined by the Department. For facilities licensed by the
Department of Public Health under the Nursing Home Care Act as
Skilled Nursing facilities or Intermediate Care facilities,
the rates taking effect on July 1, 1999 shall include an
increase of 1.6% and, for services provided on or after October
1, 1999, shall be increased by $4.00 per resident-day, as
defined by the Department.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on July 1, 2000
shall include an increase of 2.5% per resident-day, as defined
by the Department. For facilities licensed by the Department of
Public Health under the Nursing Home Care Act as Skilled
Nursing facilities or Intermediate Care facilities, the rates
taking effect on July 1, 2000 shall include an increase of 2.5%

per resident-day, as defined by the Department.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as skilled nursing facilities
or intermediate care facilities, a new payment methodology must
be implemented for the nursing component of the rate effective
July 1, 2003. The Department of Public Aid (now Healthcare and
Family Services) shall develop the new payment methodology
using the Minimum Data Set (MDS) as the instrument to collect
information concerning nursing home resident condition
necessary to compute the rate. The Department shall develop the
new payment methodology to meet the unique needs of Illinois
nursing home residents while remaining subject to the
appropriations provided by the General Assembly. A transition
period from the payment methodology in effect on June 30, 2003
to the payment methodology in effect on July 1, 2003 shall be
provided for a period not exceeding 3 years and 184 days after
implementation of the new payment methodology as follows:
(A) For a facility that would receive a lower nursing
component rate per patient day under the new system than
the facility received effective on the date immediately
preceding the date that the Department implements the new
payment methodology, the nursing component rate per
patient day for the facility shall be held at the level in
effect on the date immediately preceding the date that the
Department implements the new payment methodology until a
higher nursing component rate of reimbursement is achieved

by that facility.
(B) For a facility that would receive a higher nursing
component rate per patient day under the payment
methodology in effect on July 1, 2003 than the facility
received effective on the date immediately preceding the
date that the Department implements the new payment
methodology, the nursing component rate per patient day for
the facility shall be adjusted.
(C) Notwithstanding paragraphs (A) and (B), the
nursing component rate per patient day for the facility
shall be adjusted subject to appropriations provided by the
General Assembly.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on March 1, 2001
shall include a statewide increase of 7.85%, as defined by the
Department.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, except facilities participating
in the Department's demonstration program pursuant to the
provisions of Title 77, Part 300, Subpart T of the Illinois
Administrative Code, the numerator of the ratio used by the
Department of Healthcare and Family Services to compute the

rate payable under this Section using the Minimum Data Set
(MDS) methodology shall incorporate the following annual
amounts as the additional funds appropriated to the Department
specifically to pay for rates based on the MDS nursing
component methodology in excess of the funding in effect on
December 31, 2006:
(i) For rates taking effect January 1, 2007,
$60,000,000.
(ii) For rates taking effect January 1, 2008,
$110,000,000.
(iii) For rates taking effect January 1, 2009,
$194,000,000.
(iv) For rates taking effect April 1, 2011, or the
first day of the month that begins at least 45 days after
the effective date of this amendatory Act of the 96th
General Assembly, $416,500,000 or an amount as may be
necessary to complete the transition to the MDS methodology
for the nursing component of the rate. Increased payments
under this item (iv) are not due and payable, however,
until (i) the methodologies described in this paragraph are
approved by the federal government in an appropriate State
Plan amendment and (ii) the assessment imposed by Section
5B-2 of this Code is determined to be a permissible tax
under Title XIX of the Social Security Act.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under

the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, the support component of the
rates taking effect on January 1, 2008 shall be computed using
the most recent cost reports on file with the Department of
Healthcare and Family Services no later than April 1, 2005,
updated for inflation to January 1, 2006.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on April 1, 2002
shall include a statewide increase of 2.0%, as defined by the
Department. This increase terminates on July 1, 2002; beginning
July 1, 2002 these rates are reduced to the level of the rates
in effect on March 31, 2002, as defined by the Department.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as skilled nursing facilities
or intermediate care facilities, the rates taking effect on
July 1, 2001 shall be computed using the most recent cost
reports on file with the Department of Public Aid no later than
April 1, 2000, updated for inflation to January 1, 2001. For
rates effective July 1, 2001 only, rates shall be the greater
of the rate computed for July 1, 2001 or the rate effective on
June 30, 2001.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or

intermediate care facilities, the Illinois Department shall
determine by rule the rates taking effect on July 1, 2002,
which shall be 5.9% less than the rates in effect on June 30,
2002.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, if the payment methodologies
required under Section 5A-12 and the waiver granted under 42
CFR 433.68 are approved by the United States Centers for
Medicare and Medicaid Services, the rates taking effect on July
1, 2004 shall be 3.0% greater than the rates in effect on June
30, 2004. These rates shall take effect only upon approval and
implementation of the payment methodologies required under
Section 5A-12.
Notwithstanding any other provisions of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, the rates taking effect on
January 1, 2005 shall be 3% more than the rates in effect on
December 31, 2004.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, effective January 1, 2009, the
per diem support component of the rates effective on January 1,

2008, computed using the most recent cost reports on file with
the Department of Healthcare and Family Services no later than
April 1, 2005, updated for inflation to January 1, 2006, shall
be increased to the amount that would have been derived using
standard Department of Healthcare and Family Services methods,
procedures, and inflators.
Notwithstanding any other provisions of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as intermediate care facilities that
are federally defined as Institutions for Mental Disease, or
facilities licensed by the Department of Public Health under
the Specialized Mental Health Rehabilitation Act of 2013, a
socio-development component rate equal to 6.6% of the
facility's nursing component rate as of January 1, 2006 shall
be established and paid effective July 1, 2006. The
socio-development component of the rate shall be increased by a
factor of 2.53 on the first day of the month that begins at
least 45 days after January 11, 2008 (the effective date of
Public Act 95-707). As of August 1, 2008, the socio-development
component rate shall be equal to 6.6% of the facility's nursing
component rate as of January 1, 2006, multiplied by a factor of
3.53. For services provided on or after April 1, 2011, or the
first day of the month that begins at least 45 days after the
effective date of this amendatory Act of the 96th General
Assembly, whichever is later, the Illinois Department may by
rule adjust these socio-development component rates, and may

use different adjustment methodologies for those facilities
participating, and those not participating, in the Illinois
Department's demonstration program pursuant to the provisions
of Title 77, Part 300, Subpart T of the Illinois Administrative
Code, but in no case may such rates be diminished below those
in effect on August 1, 2008.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or as long-term care
facilities for residents under 22 years of age, the rates
taking effect on July 1, 2003 shall include a statewide
increase of 4%, as defined by the Department.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on the first day of
the month that begins at least 45 days after the effective date
of this amendatory Act of the 95th General Assembly shall
include a statewide increase of 2.5%, as defined by the
Department.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, effective January 1, 2005,
facility rates shall be increased by the difference between (i)
a facility's per diem property, liability, and malpractice

insurance costs as reported in the cost report filed with the
Department of Public Aid and used to establish rates effective
July 1, 2001 and (ii) those same costs as reported in the
facility's 2002 cost report. These costs shall be passed
through to the facility without caps or limitations, except for
adjustments required under normal auditing procedures.
Rates established effective each July 1 shall govern
payment for services rendered throughout that fiscal year,
except that rates established on July 1, 1996 shall be
increased by 6.8% for services provided on or after January 1,
1997. Such rates will be based upon the rates calculated for
the year beginning July 1, 1990, and for subsequent years
thereafter until June 30, 2001 shall be based on the facility
cost reports for the facility fiscal year ending at any point
in time during the previous calendar year, updated to the
midpoint of the rate year. The cost report shall be on file
with the Department no later than April 1 of the current rate
year. Should the cost report not be on file by April 1, the
Department shall base the rate on the latest cost report filed
by each skilled care facility and intermediate care facility,
updated to the midpoint of the current rate year. In
determining rates for services rendered on and after July 1,
1985, fixed time shall not be computed at less than zero. The
Department shall not make any alterations of regulations which
would reduce any component of the Medicaid rate to a level
below what that component would have been utilizing in the rate

effective on July 1, 1984.
(2) Shall take into account the actual costs incurred by
facilities in providing services for recipients of skilled
nursing and intermediate care services under the medical
assistance program.
(3) Shall take into account the medical and psycho-social
characteristics and needs of the patients.
(4) Shall take into account the actual costs incurred by
facilities in meeting licensing and certification standards
imposed and prescribed by the State of Illinois, any of its
political subdivisions or municipalities and by the U.S.
Department of Health and Human Services pursuant to Title XIX
of the Social Security Act.
The Department of Healthcare and Family Services shall
develop precise standards for payments to reimburse nursing
facilities for any utilization of appropriate rehabilitative
personnel for the provision of rehabilitative services which is
authorized by federal regulations, including reimbursement for
services provided by qualified therapists or qualified
assistants, and which is in accordance with accepted
professional practices. Reimbursement also may be made for
utilization of other supportive personnel under appropriate
supervision.
The Department shall develop enhanced payments to offset
the additional costs incurred by a facility serving exceptional
need residents and shall allocate at least $4,000,000 of the

funds collected from the assessment established by Section 5B-2
of this Code for such payments. For the purpose of this
Section, "exceptional needs" means, but need not be limited to,
ventilator care and traumatic brain injury care. The enhanced
payments for exceptional need residents under this paragraph
are not due and payable, however, until (i) the methodologies
described in this paragraph are approved by the federal
government in an appropriate State Plan amendment and (ii) the
assessment imposed by Section 5B-2 of this Code is determined
to be a permissible tax under Title XIX of the Social Security
Act.
Beginning January 1, 2014 the methodologies for
reimbursement of nursing facility services as provided under
this Section 5-5.4 shall no longer be applicable for services
provided on or after January 1, 2014.
No payment increase under this Section for the MDS
methodology, exceptional care residents, or the
socio-development component rate established by Public Act
96-1530 of the 96th General Assembly and funded by the
assessment imposed under Section 5B-2 of this Code shall be due
and payable until after the Department notifies the long-term
care providers, in writing, that the payment methodologies to
long-term care providers required under this Section have been
approved by the Centers for Medicare and Medicaid Services of
the U.S. Department of Health and Human Services and the
waivers under 42 CFR 433.68 for the assessment imposed by this

Section, if necessary, have been granted by the Centers for
Medicare and Medicaid Services of the U.S. Department of Health
and Human Services. Upon notification to the Department of
approval of the payment methodologies required under this
Section and the waivers granted under 42 CFR 433.68, all
increased payments otherwise due under this Section prior to
the date of notification shall be due and payable within 90
days of the date federal approval is received.
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.
(Source: P.A. 97-10, eff. 6-14-11; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-584, eff. 8-26-11; 97-689, eff. 6-14-12;
97-813, eff. 7-13-12; 98-24, eff. 6-19-13; 98-104, eff.
7-22-13; revised 9-19-13.)
(305 ILCS 5/5-5f)
Sec. 5-5f. Elimination and limitations of medical
assistance services. Notwithstanding any other provision of
this Code to the contrary, on and after July 1, 2012:
(a) The following services shall no longer be a covered
service available under this Code: group psychotherapy for
residents of any facility licensed under the Nursing Home Care
Act or the Specialized Mental Health Rehabilitation Act of

2013; and adult chiropractic services.
(b) The Department shall place the following limitations on
services: (i) the Department shall limit adult eyeglasses to
one pair every 2 years; (ii) the Department shall set an annual
limit of a maximum of 20 visits for each of the following
services: adult speech, hearing, and language therapy
services, adult occupational therapy services, and physical
therapy services; (iii) the Department shall limit adult
podiatry services to individuals with diabetes; (iv) the
Department shall pay for caesarean sections at the normal
vaginal delivery rate unless a caesarean section was medically
necessary; (v) the Department shall limit adult dental services
to emergencies; beginning July 1, 2013, the Department shall
ensure that the following conditions are recognized as
emergencies: (A) dental services necessary for an individual in
order for the individual to be cleared for a medical procedure,
such as a transplant; (B) extractions and dentures necessary
for a diabetic to receive proper nutrition; (C) extractions and
dentures necessary as a result of cancer treatment; and (D)
dental services necessary for the health of a pregnant woman
prior to delivery of her baby; and (vi) effective July 1, 2012,
the Department shall place limitations and require concurrent
review on every inpatient detoxification stay to prevent repeat
admissions to any hospital for detoxification within 60 days of
a previous inpatient detoxification stay. The Department shall
convene a workgroup of hospitals, substance abuse providers,

care coordination entities, managed care plans, and other
stakeholders to develop recommendations for quality standards,
diversion to other settings, and admission criteria for
patients who need inpatient detoxification, which shall be
published on the Department's website no later than September
1, 2013.
(c) The Department shall require prior approval of the
following services: wheelchair repairs costing more than $400,
coronary artery bypass graft, and bariatric surgery consistent
with Medicare standards concerning patient responsibility.
Wheelchair repair prior approval requests shall be adjudicated
within one business day of receipt of complete supporting
documentation. Providers may not break wheelchair repairs into
separate claims for purposes of staying under the $400
threshold for requiring prior approval. The wholesale price of
manual and power wheelchairs, durable medical equipment and
supplies, and complex rehabilitation technology products and
services shall be defined as actual acquisition cost including
all discounts.
(d) The Department shall establish benchmarks for
hospitals to measure and align payments to reduce potentially
preventable hospital readmissions, inpatient complications,
and unnecessary emergency room visits. In doing so, the
Department shall consider items, including, but not limited to,
historic and current acuity of care and historic and current
trends in readmission. The Department shall publish

provider-specific historical readmission data and anticipated
potentially preventable targets 60 days prior to the start of
the program. In the instance of readmissions, the Department
shall adopt policies and rates of reimbursement for services
and other payments provided under this Code to ensure that, by
June 30, 2013, expenditures to hospitals are reduced by, at a
minimum, $40,000,000.
(e) The Department shall establish utilization controls
for the hospice program such that it shall not pay for other
care services when an individual is in hospice.
(f) For home health services, the Department shall require
Medicare certification of providers participating in the
program and implement the Medicare face-to-face encounter
rule. The Department shall require providers to implement
auditable electronic service verification based on global
positioning systems or other cost-effective technology.
(g) For the Home Services Program operated by the
Department of Human Services and the Community Care Program
operated by the Department on Aging, the Department of Human
Services, in cooperation with the Department on Aging, shall
implement an electronic service verification based on global
positioning systems or other cost-effective technology.
(h) Effective with inpatient hospital admissions on or
after July 1, 2012, the Department shall reduce the payment for
a claim that indicates the occurrence of a provider-preventable
condition during the admission as specified by the Department

in rules. The Department shall not pay for services related to
an other provider-preventable condition.
As used in this subsection (h):
"Provider-preventable condition" means a health care
acquired condition as defined under the federal Medicaid
regulation found at 42 CFR 447.26 or an other
provider-preventable condition.
"Other provider-preventable condition" means a wrong
surgical or other invasive procedure performed on a patient, a
surgical or other invasive procedure performed on the wrong
body part, or a surgical procedure or other invasive procedure
performed on the wrong patient.
(i) The Department shall implement cost savings
initiatives for advanced imaging services, cardiac imaging
services, pain management services, and back surgery. Such
initiatives shall be designed to achieve annual costs savings.
(j) The Department shall ensure that beneficiaries with a
diagnosis of epilepsy or seizure disorder in Department records
will not require prior approval for anticonvulsants.
(Source: P.A. 97-689, eff. 6-14-12; 98-104, Article 6, Section
6-240, eff. 7-22-13; 98-104, Article 9, Section 9-5, eff.
7-22-13; revised 9-19-13.)
(305 ILCS 5/5A-5) (from Ch. 23, par. 5A-5)
Sec. 5A-5. Notice; penalty; maintenance of records.
(a) The Illinois Department shall send a notice of

assessment to every hospital provider subject to assessment
under this Article. The notice of assessment shall notify the
hospital of its assessment and shall be sent after receipt by
the Department of notification from the Centers for Medicare
and Medicaid Services of the U.S. Department of Health and
Human Services that the payment methodologies required under
this Article and, if necessary, the waiver granted under 42 CFR
433.68 have been approved. The notice shall be on a form
prepared by the Illinois Department and shall state the
following:
(1) The name of the hospital provider.
(2) The address of the hospital provider's principal
place of business from which the provider engages in the
occupation of hospital provider in this State, and the name
and address of each hospital operated, conducted, or
maintained by the provider in this State.
(3) The occupied bed days, occupied bed days less
Medicare days, adjusted gross hospital revenue, or
outpatient gross revenue of the hospital provider
(whichever is applicable), the amount of assessment
imposed under Section 5A-2 for the State fiscal year for
which the notice is sent, and the amount of each
installment to be paid during the State fiscal year.
(4) (Blank).
(5) Other reasonable information as determined by the
Illinois Department.

(b) If a hospital provider conducts, operates, or maintains
more than one hospital licensed by the Illinois Department of
Public Health, the provider shall pay the assessment for each
hospital separately.
(c) Notwithstanding any other provision in this Article, in
the case of a person who ceases to conduct, operate, or
maintain a hospital in respect of which the person is subject
to assessment under this Article as a hospital provider, the
assessment for the State fiscal year in which the cessation
occurs shall be adjusted by multiplying the assessment computed
under Section 5A-2 by a fraction, the numerator of which is the
number of days in the year during which the provider conducts,
operates, or maintains the hospital and the denominator of
which is 365. Immediately upon ceasing to conduct, operate, or
maintain a hospital, the person shall pay the assessment for
the year as so adjusted (to the extent not previously paid).
(d) Notwithstanding any other provision in this Article, a
provider who commences conducting, operating, or maintaining a
hospital, upon notice by the Illinois Department, shall pay the
assessment computed under Section 5A-2 and subsection (e) in
installments on the due dates stated in the notice and on the
regular installment due dates for the State fiscal year
occurring after the due dates of the initial notice.
(e) Notwithstanding any other provision in this Article,
for State fiscal years 2009 through 2015 2014, in the case of a
hospital provider that did not conduct, operate, or maintain a

hospital in 2005, the assessment for that State fiscal year
shall be computed on the basis of hypothetical occupied bed
days for the full calendar year as determined by the Illinois
Department. Notwithstanding any other provision in this
Article, for the portion of State fiscal year 2012 beginning
June 10, 2012 through June 30, 2012, and for State fiscal years
2013 through 2014, and for July 1, 2014 through December 31,
2014, in the case of a hospital provider that did not conduct,
operate, or maintain a hospital in 2009, the assessment under
subsection (b-5) of Section 5A-2 for that State fiscal year
shall be computed on the basis of hypothetical gross outpatient
revenue for the full calendar year as determined by the
Illinois Department.
(f) Every hospital provider subject to assessment under
this Article shall keep sufficient records to permit the
determination of adjusted gross hospital revenue for the
hospital's fiscal year. All such records shall be kept in the
English language and shall, at all times during regular
business hours of the day, be subject to inspection by the
Illinois Department or its duly authorized agents and
employees.
(g) The Illinois Department may, by rule, provide a
hospital provider a reasonable opportunity to request a
clarification or correction of any clerical or computational
errors contained in the calculation of its assessment, but such
corrections shall not extend to updating the cost report

information used to calculate the assessment.
(h) (Blank).
(Source: P.A. 97-688, eff. 6-14-12; 97-689, eff. 6-14-12;
98-104, eff. 7-22-13; 98-463, eff. 8-16-13; revised 10-21-13.)
(305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8)
Sec. 5A-8. Hospital Provider Fund.
(a) There is created in the State Treasury the Hospital
Provider Fund. Interest earned by the Fund shall be credited to
the Fund. The Fund shall not be used to replace any moneys
appropriated to the Medicaid program by the General Assembly.
(b) The Fund is created for the purpose of receiving moneys
in accordance with Section 5A-6 and disbursing moneys only for
the following purposes, notwithstanding any other provision of
law:
(1) For making payments to hospitals as required under
this Code, under the Children's Health Insurance Program
Act, under the Covering ALL KIDS Health Insurance Act, and
under the Long Term Acute Care Hospital Quality Improvement
Transfer Program Act.
(2) For the reimbursement of moneys collected by the
Illinois Department from hospitals or hospital providers
through error or mistake in performing the activities
authorized under this Code.
(3) For payment of administrative expenses incurred by
the Illinois Department or its agent in performing

activities under this Code, under the Children's Health
Insurance Program Act, under the Covering ALL KIDS Health
Insurance Act, and under the Long Term Acute Care Hospital
Quality Improvement Transfer Program Act.
(4) For payments of any amounts which are reimbursable
to the federal government for payments from this Fund which
are required to be paid by State warrant.
(5) For making transfers, as those transfers are
authorized in the proceedings authorizing debt under the
Short Term Borrowing Act, but transfers made under this
paragraph (5) shall not exceed the principal amount of debt
issued in anticipation of the receipt by the State of
moneys to be deposited into the Fund.
(6) For making transfers to any other fund in the State
treasury, but transfers made under this paragraph (6) shall
not exceed the amount transferred previously from that
other fund into the Hospital Provider Fund plus any
interest that would have been earned by that fund on the
monies that had been transferred.
(6.5) For making transfers to the Healthcare Provider
Relief Fund, except that transfers made under this
paragraph (6.5) shall not exceed $60,000,000 in the
aggregate.
(7) For making transfers not exceeding the following
amounts, in State fiscal years 2013 and 2014 in each State
fiscal year during which an assessment is imposed pursuant

to Section 5A-2, to the following designated funds:
Health and Human Services Medicaid Trust
Fund..............................$20,000,000
Long-Term Care Provider Fund..........$30,000,000
General Revenue Fund.................$80,000,000.
Transfers under this paragraph shall be made within 7 days
after the payments have been received pursuant to the
schedule of payments provided in subsection (a) of Section
5A-4.
(7.1) For making transfers not exceeding the following
amounts, in State fiscal year 2015, to the following
designated funds:
Health and Human Services Medicaid Trust
Fund..............................$10,000,000
Long-Term Care Provider Fund..........$15,000,000
General Revenue Fund.................$40,000,000.
Transfers under this paragraph shall be made within 7 days
after the payments have been received pursuant to the
schedule of payments provided in subsection (a) of Section
5A-4.
(7.5) (Blank).
(7.8) (Blank).
(7.9) (Blank).
(7.10) For State fiscal years 2013 and 2014, for making
transfers of the moneys resulting from the assessment under
subsection (b-5) of Section 5A-2 and received from hospital

providers under Section 5A-4 and transferred into the
Hospital Provider Fund under Section 5A-6 to the designated
funds not exceeding the following amounts in that State
fiscal year:
Health Care Provider Relief Fund......$50,000,000
Transfers under this paragraph shall be made within 7
days after the payments have been received pursuant to the
schedule of payments provided in subsection (a) of Section
5A-4.
(7.11) For State fiscal year 2015, for making transfers
of the moneys resulting from the assessment under
subsection (b-5) of Section 5A-2 and received from hospital
providers under Section 5A-4 and transferred into the
Hospital Provider Fund under Section 5A-6 to the designated
funds not exceeding the following amounts in that State
fiscal year:
Health Care Provider Relief Fund.....$25,000,000
Transfers under this paragraph shall be made within 7
days after the payments have been received pursuant to the
schedule of payments provided in subsection (a) of Section
5A-4.
(7.12) For State fiscal year 2013, for increasing by
21/365ths the transfer of the moneys resulting from the
assessment under subsection (b-5) of Section 5A-2 and
received from hospital providers under Section 5A-4 for the
portion of State fiscal year 2012 beginning June 10, 2012

through June 30, 2012 and transferred into the Hospital
Provider Fund under Section 5A-6 to the designated funds
not exceeding the following amounts in that State fiscal
year:
Health Care Provider Relief Fund......$2,870,000
(8) For making refunds to hospital providers pursuant
to Section 5A-10.
Disbursements from the Fund, other than transfers
authorized under paragraphs (5) and (6) of this subsection,
shall be by warrants drawn by the State Comptroller upon
receipt of vouchers duly executed and certified by the Illinois
Department.
(c) The Fund shall consist of the following:
(1) All moneys collected or received by the Illinois
Department from the hospital provider assessment imposed
by this Article.
(2) All federal matching funds received by the Illinois
Department as a result of expenditures made by the Illinois
Department that are attributable to moneys deposited in the
Fund.
(3) Any interest or penalty levied in conjunction with
the administration of this Article.
(4) Moneys transferred from another fund in the State
treasury.
(5) All other moneys received for the Fund from any
other source, including interest earned thereon.

(d) (Blank).
(Source: P.A. 97-688, eff. 6-14-12; 97-689, eff. 6-14-12;
98-104, eff. 7-22-13; 98-463, eff. 8-16-13; revised 10-21-13.)
(305 ILCS 5/5A-12.4)
(Section scheduled to be repealed on January 1, 2015)
Sec. 5A-12.4. Hospital access improvement payments on or
after June 10, 2012.
(a) Hospital access improvement payments. To preserve and
improve access to hospital services, for hospital and physician
services rendered on or after June 10, 2012, the Illinois
Department shall, except for hospitals described in subsection
(b) of Section 5A-3, make payments to hospitals as set forth in
this Section. These payments shall be paid in 12 equal
installments on or before the 7th State business day of each
month, except that no payment shall be due within 100 days
after the later of the date of notification of federal approval
of the payment methodologies required under this Section or any
waiver required under 42 CFR 433.68, at which time the sum of
amounts required under this Section prior to the date of
notification is due and payable. Payments under this Section
are not due and payable, however, until (i) the methodologies
described in this Section are approved by the federal
government in an appropriate State Plan amendment and (ii) the
assessment imposed under subsection (b-5) of Section 5A-2 of
this Article is determined to be a permissible tax under Title

XIX of the Social Security Act. The Illinois Department shall
take all actions necessary to implement the payments under this
Section effective June 10, 2012, including but not limited to
providing public notice pursuant to federal requirements, the
filing of a State Plan amendment, and the adoption of
administrative rules. For State fiscal year 2013, payments
under this Section shall be increased by 21/365ths. The funding
source for these additional payments shall be from the
increased assessment under subsection (b-5) of Section 5A-2
that was received from hospital providers under Section 5A-4
for the portion of State fiscal year 2012 beginning June 10,
2012 through June 30, 2012.
(a-5) Accelerated schedule. The Illinois Department may,
when practicable, accelerate the schedule upon which payments
authorized under this Section are made.
(b) Magnet and perinatal hospital adjustment. In addition
to rates paid for inpatient hospital services, the Department
shall pay to each Illinois general acute care hospital that, as
of August 25, 2011, was recognized as a Magnet hospital by the
American Nurses Credentialing Center and that, as of September
14, 2011, was designated as a level III perinatal center
amounts as follows:
(1) For hospitals with a case mix index equal to or
greater than the 80th percentile of case mix indices for
all Illinois hospitals, $470 for each Medicaid general
acute care inpatient day of care provided by the hospital

during State fiscal year 2009.
(2) For all other hospitals, $170 for each Medicaid
general acute care inpatient day of care provided by the
hospital during State fiscal year 2009.
(c) Trauma level II adjustment. In addition to rates paid
for inpatient hospital services, the Department shall pay to
each Illinois general acute care hospital that, as of July 1,
2011, was designated as a level II trauma center amounts as
follows:
(1) For hospitals with a case mix index equal to or
greater than the 50th percentile of case mix indices for
all Illinois hospitals, $470 for each Medicaid general
acute care inpatient day of care provided by the hospital
during State fiscal year 2009.
(2) For all other hospitals, $170 for each Medicaid
general acute care inpatient day of care provided by the
hospital during State fiscal year 2009.
(3) For the purposes of this adjustment, hospitals
located in the same city that alternate their trauma center
designation as defined in 89 Ill. Adm. Code 148.295(a)(2)
shall have the adjustment provided under this Section
divided between the 2 hospitals.
(d) Dual-eligible adjustment. In addition to rates paid for
inpatient services, the Department shall pay each Illinois
general acute care hospital that had a ratio of crossover days
to total inpatient days for programs under Title XIX of the

Social Security Act administered by the Department (utilizing
information from 2009 paid claims) greater than 50%, and a case
mix index equal to or greater than the 75th percentile of case
mix indices for all Illinois hospitals, a rate of $400 for each
Medicaid inpatient day during State fiscal year 2009 including
crossover days.
(e) Medicaid volume adjustment. In addition to rates paid
for inpatient hospital services, the Department shall pay to
each Illinois general acute care hospital that provided more
than 10,000 Medicaid inpatient days of care in State fiscal
year 2009, has a Medicaid inpatient utilization rate of at
least 29.05% as calculated by the Department for the Rate Year
2011 Disproportionate Share determination, and is not eligible
for Medicaid Percentage Adjustment payments in rate year 2011
an amount equal to $135 for each Medicaid inpatient day of care
provided during State fiscal year 2009.
(f) Outpatient service adjustment. In addition to the rates
paid for outpatient hospital services, the Department shall pay
each Illinois hospital an amount at least equal to $100
multiplied by the hospital's outpatient ambulatory procedure
listing services (excluding categories 3B and 3C) and by the
hospital's end stage renal disease treatment services provided
for State fiscal year 2009.
(g) Ambulatory service adjustment.
(1) In addition to the rates paid for outpatient
hospital services provided in the emergency department,

the Department shall pay each Illinois hospital an amount
equal to $105 multiplied by the hospital's outpatient
ambulatory procedure listing services for categories 3A,
3B, and 3C for State fiscal year 2009.
(2) In addition to the rates paid for outpatient
hospital services, the Department shall pay each Illinois
freestanding psychiatric hospital an amount equal to $200
multiplied by the hospital's ambulatory procedure listing
services for category 5A for State fiscal year 2009.
(h) Specialty hospital adjustment. In addition to the rates
paid for outpatient hospital services, the Department shall pay
each Illinois long term acute care hospital and each Illinois
hospital devoted exclusively to the treatment of cancer, an
amount equal to $700 multiplied by the hospital's outpatient
ambulatory procedure listing services and by the hospital's end
stage renal disease treatment services (including services
provided to individuals eligible for both Medicaid and
Medicare) provided for State fiscal year 2009.
(h-1) ER Safety Net Payments. In addition to rates paid for
outpatient services, the Department shall pay to each Illinois
general acute care hospital with an emergency room ratio equal
to or greater than 55%, that is not eligible for Medicaid
percentage adjustments payments in rate year 2011, with a case
mix index equal to or greater than the 20th percentile, and
that is not designated as a trauma center by the Illinois
Department of Public Health on July 1, 2011, as follows:

(1) Each hospital with an emergency room ratio equal to
or greater than 74% shall receive a rate of $225 for each
outpatient ambulatory procedure listing and end-stage
renal disease treatment service provided for State fiscal
year 2009.
(2) For all other hospitals, $65 shall be paid for each
outpatient ambulatory procedure listing and end-stage
renal disease treatment service provided for State fiscal
year 2009.
(i) Physician supplemental adjustment. In addition to the
rates paid for physician services, the Department shall make an
adjustment payment for services provided by physicians as
follows:
(1) Physician services eligible for the adjustment
payment are those provided by physicians employed by or who
have a contract to provide services to patients of the
following hospitals: (i) Illinois general acute care
hospitals that provided at least 17,000 Medicaid inpatient
days of care in State fiscal year 2009 and are eligible for
Medicaid Percentage Adjustment Payments in rate year 2011;
and (ii) Illinois freestanding children's hospitals, as
defined in 89 Ill. Adm. Code 149.50(c)(3)(A).
(2) The amount of the adjustment for each eligible
hospital under this subsection (i) shall be determined by
rule by the Department to spend a total pool of at least
$6,960,000 annually. This pool shall be allocated among the

eligible hospitals based on the difference between the
upper payment limit for what could have been paid under
Medicaid for physician services provided during State
fiscal year 2009 by physicians employed by or who had a
contract with the hospital and the amount that was paid
under Medicaid for such services, provided however, that in
no event shall physicians at any individual hospital
collectively receive an annual, aggregate adjustment in
excess of $435,000, except that any amount that is not
distributed to a hospital because of the upper payment
limit shall be reallocated among the remaining eligible
hospitals that are below the upper payment limitation, on a
proportionate basis.
(i-5) For any children's hospital which did not charge for
its services during the base period, the Department shall use
data supplied by the hospital to determine payments using
similar methodologies for freestanding children's hospitals
under this Section or Section 5A-12.2.
(j) For purposes of this Section, a hospital that is
enrolled to provide Medicaid services during State fiscal year
2009 shall have its utilization and associated reimbursements
annualized prior to the payment calculations being performed
under this Section.
(k) For purposes of this Section, the terms "Medicaid
days", "ambulatory procedure listing services", and
"ambulatory procedure listing payments" do not include any

days, charges, or services for which Medicare or a managed care
organization reimbursed on a capitated basis was liable for
payment, except where explicitly stated otherwise in this
Section.
(l) Definitions. Unless the context requires otherwise or
unless provided otherwise in this Section, the terms used in
this Section for qualifying criteria and payment calculations
shall have the same meanings as those terms have been given in
the Illinois Department's administrative rules as in effect on
October 1, 2011. Other terms shall be defined by the Illinois
Department by rule.
As used in this Section, unless the context requires
otherwise:
"Case mix index" means, for a given hospital, the sum of
the per admission (DRG) relative weighting factors in effect on
January 1, 2005, for all general acute care admissions for
State fiscal year 2009, excluding Medicare crossover
admissions and transplant admissions reimbursed under 89 Ill.
Adm. Code 148.82, divided by the total number of general acute
care admissions for State fiscal year 2009, excluding Medicare
crossover admissions and transplant admissions reimbursed
under 89 Ill. Adm. Code 148.82.
"Emergency room ratio" means, for a given hospital, a
fraction, the denominator of which is the number of the
hospital's outpatient ambulatory procedure listing and
end-stage renal disease treatment services provided for State

fiscal year 2009 and the numerator of which is the hospital's
outpatient ambulatory procedure listing services for
categories 3A, 3B, and 3C for State fiscal year 2009.
"Medicaid inpatient day" means, for a given hospital, the
sum of days of inpatient hospital days provided to recipients
of medical assistance under Title XIX of the federal Social
Security Act, excluding days for individuals eligible for
Medicare under Title XVIII of that Act (Medicaid/Medicare
crossover days), as tabulated from the Department's paid claims
data for admissions occurring during State fiscal year 2009
that was adjudicated by the Department through June 30, 2010.
"Outpatient ambulatory procedure listing services" means,
for a given hospital, ambulatory procedure listing services, as
described in 89 Ill. Adm. Code 148.140(b), provided to
recipients of medical assistance under Title XIX of the federal
Social Security Act, excluding services for individuals
eligible for Medicare under Title XVIII of the Act
(Medicaid/Medicare crossover days), as tabulated from the
Department's paid claims data for services occurring in State
fiscal year 2009 that were adjudicated by the Department
through September 2, 2010.
"Outpatient end-stage renal disease treatment services"
means, for a given hospital, the services, as described in 89
Ill. Adm. Code 148.140(c), provided to recipients of medical
assistance under Title XIX of the federal Social Security Act,
excluding payments for individuals eligible for Medicare under

Title XVIII of the Act (Medicaid/Medicare crossover days), as
tabulated from the Department's paid claims data for services
occurring in State fiscal year 2009 that were adjudicated by
the Department through September 2, 2010.
(m) The Department may adjust payments made under this
Section 5A-12.4 to comply with federal law or regulations
regarding hospital-specific payment limitations on
government-owned or government-operated hospitals.
(n) Notwithstanding any of the other provisions of this
Section, the Department is authorized to adopt rules that
change the hospital access improvement payments specified in
this Section, but only to the extent necessary to conform to
any federally approved amendment to the Title XIX State plan.
Any such rules shall be adopted by the Department as authorized
by Section 5-50 of the Illinois Administrative Procedure Act.
Notwithstanding any other provision of law, any changes
implemented as a result of this subsection (n) shall be given
retroactive effect so that they shall be deemed to have taken
effect as of the effective date of this Section.
(o) The Department of Healthcare and Family Services must
submit a State Medicaid Plan Amendment to the Centers for
Medicare and Medicaid Services to implement the payments under
this Section June 14, 2012 (Public Act 97-688).
(Source: P.A. 97-688, eff. 6-14-12; 98-104, eff. 7-22-13;
98-463, eff. 8-16-13; revised 10-21-13.)

(305 ILCS 5/11-5.2)
Sec. 11-5.2. Income, Residency, and Identity Verification
System.
(a) The Department shall ensure that its proposed
integrated eligibility system shall include the computerized
functions of income, residency, and identity eligibility
verification to verify eligibility, eliminate duplication of
medical assistance, and deter fraud. Until the integrated
eligibility system is operational, the Department may enter
into a contract with the vendor selected pursuant to Section
11-5.3 as necessary to obtain the electronic data matching
described in this Section. This contract shall be exempt from
the Illinois Procurement Code pursuant to subsection (h) of
Section 1-10 of that Code.
(b) Prior to awarding medical assistance at application
under Article V of this Code, the Department shall, to the
extent such databases are available to the Department, conduct
data matches using the name, date of birth, address, and Social
Security Number of each applicant or recipient or responsible
relative of an applicant or recipient against the following:
(1) Income tax information.
(2) Employer reports of income and unemployment
insurance payment information maintained by the Department
of Employment Security.
(3) Earned and unearned income, citizenship and death,
and other relevant information maintained by the Social

Security Administration.
(4) Immigration status information maintained by the
United States Citizenship and Immigration Services.
(5) Wage reporting and similar information maintained
by states contiguous to this State.
(6) Employment information maintained by the
Department of Employment Security in its New Hire Directory
database.
(7) Employment information maintained by the United
States Department of Health and Human Services in its
National Directory of New Hires database.
(8) Veterans' benefits information maintained by the
United States Department of Health and Human Services, in
coordination with the Department of Health and Human
Services and the Department of Veterans' Affairs, in the
federal Public Assistance Reporting Information System
(PARIS) database.
(9) Residency information maintained by the Illinois
Secretary of State.
(10) A database which is substantially similar to or a
successor of a database described in this Section that
contains information relevant for verifying eligibility
for medical assistance.
(c) (Blank).
(d) If a discrepancy results between information provided
by an applicant, recipient, or responsible relative and

information contained in one or more of the databases or
information tools listed under subsection (b) or (c) of this
Section or subsection (c) of Section 11-5.3 and that
discrepancy calls into question the accuracy of information
relevant to a condition of eligibility provided by the
applicant, recipient, or responsible relative, the Department
or its contractor shall review the applicant's or recipient's
case using the following procedures:
(1) If the information discovered under subsection (b)
(c) of this Section or subsection (c) of Section 11-5.3
does not result in the Department finding the applicant or
recipient ineligible for assistance under Article V of this
Code, the Department shall finalize the determination or
redetermination of eligibility.
(2) If the information discovered results in the
Department finding the applicant or recipient ineligible
for assistance, the Department shall provide notice as set
forth in Section 11-7 of this Article.
(3) If the information discovered is insufficient to
determine that the applicant or recipient is eligible or
ineligible, the Department shall provide written notice to
the applicant or recipient which shall describe in
sufficient detail the circumstances of the discrepancy,
the information or documentation required, the manner in
which the applicant or recipient may respond, and the
consequences of failing to take action. The applicant or

recipient shall have 10 business days to respond.
(4) If the applicant or recipient does not respond to
the notice, the Department shall deny assistance for
failure to cooperate, in which case the Department shall
provide notice as set forth in Section 11-7. Eligibility
for assistance shall not be established until the
discrepancy has been resolved.
(5) If an applicant or recipient responds to the
notice, the Department shall determine the effect of the
information or documentation provided on the applicant's
or recipient's case and shall take appropriate action.
Written notice of the Department's action shall be provided
as set forth in Section 11-7 of this Article.
(6) Suspected cases of fraud shall be referred to the
Department's Inspector General.
(e) The Department shall adopt any rules necessary to
implement this Section.
(Source: P.A. 97-689, eff. 6-14-12; revised 11-12-13.)
(305 ILCS 5/12-4.25) (from Ch. 23, par. 12-4.25)
Sec. 12-4.25. Medical assistance program; vendor
participation.
(A) The Illinois Department may deny, suspend, or terminate
the eligibility of any person, firm, corporation, association,
agency, institution or other legal entity to participate as a
vendor of goods or services to recipients under the medical

assistance program under Article V, or may exclude any such
person or entity from participation as such a vendor, and may
deny, suspend, or recover payments, if after reasonable notice
and opportunity for a hearing the Illinois Department finds:
(a) Such vendor is not complying with the Department's
policy or rules and regulations, or with the terms and
conditions prescribed by the Illinois Department in its
vendor agreement, which document shall be developed by the
Department as a result of negotiations with each vendor
category, including physicians, hospitals, long term care
facilities, pharmacists, optometrists, podiatric
physicians, and dentists setting forth the terms and
conditions applicable to the participation of each vendor
group in the program; or
(b) Such vendor has failed to keep or make available
for inspection, audit or copying, after receiving a written
request from the Illinois Department, such records
regarding payments claimed for providing services. This
section does not require vendors to make available patient
records of patients for whom services are not reimbursed
under this Code; or
(c) Such vendor has failed to furnish any information
requested by the Department regarding payments for
providing goods or services; or
(d) Such vendor has knowingly made, or caused to be
made, any false statement or representation of a material

fact in connection with the administration of the medical
assistance program; or
(e) Such vendor has furnished goods or services to a
recipient which are (1) in excess of need, (2) harmful, or
(3) of grossly inferior quality, all of such determinations
to be based upon competent medical judgment and
evaluations; or
(f) The vendor; a person with management
responsibility for a vendor; an officer or person owning,
either directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a corporate
vendor; an owner of a sole proprietorship which is a
vendor; or a partner in a partnership which is a vendor,
either:
(1) was previously terminated, suspended, or
excluded from participation in the Illinois medical
assistance program, or was terminated, suspended, or
excluded from participation in another state or
federal medical assistance or health care program; or
(2) was a person with management responsibility
for a vendor previously terminated, suspended, or
excluded from participation in the Illinois medical
assistance program, or terminated, suspended, or
excluded from participation in another state or
federal medical assistance or health care program
during the time of conduct which was the basis for that

vendor's termination, suspension, or exclusion; or
(3) was an officer, or person owning, either
directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a corporate or
limited liability company vendor previously
terminated, suspended, or excluded from participation
in the Illinois medical assistance program, or
terminated, suspended, or excluded from participation
in a state or federal medical assistance or health care
program during the time of conduct which was the basis
for that vendor's termination, suspension, or
exclusion; or
(4) was an owner of a sole proprietorship or
partner of a partnership previously terminated,
suspended, or excluded from participation in the
Illinois medical assistance program, or terminated,
suspended, or excluded from participation in a state or
federal medical assistance or health care program
during the time of conduct which was the basis for that
vendor's termination, suspension, or exclusion; or
(f-1) Such vendor has a delinquent debt owed to the
Illinois Department; or
(g) The vendor; a person with management
responsibility for a vendor; an officer or person owning,
either directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a corporate or

limited liability company vendor; an owner of a sole
proprietorship which is a vendor; or a partner in a
partnership which is a vendor, either:
(1) has engaged in practices prohibited by
applicable federal or State law or regulation; or
(2) was a person with management responsibility
for a vendor at the time that such vendor engaged in
practices prohibited by applicable federal or State
law or regulation; or
(3) was an officer, or person owning, either
directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a vendor at
the time such vendor engaged in practices prohibited by
applicable federal or State law or regulation; or
(4) was an owner of a sole proprietorship or
partner of a partnership which was a vendor at the time
such vendor engaged in practices prohibited by
applicable federal or State law or regulation; or
(h) The direct or indirect ownership of the vendor
(including the ownership of a vendor that is a sole
proprietorship, a partner's interest in a vendor that is a
partnership, or ownership of 5% or more of the shares of
stock or other evidences of ownership in a corporate
vendor) has been transferred by an individual who is
terminated, suspended, or excluded or barred from
participating as a vendor to the individual's spouse,

child, brother, sister, parent, grandparent, grandchild,
uncle, aunt, niece, nephew, cousin, or relative by
marriage.
(A-5) The Illinois Department may deny, suspend, or
terminate the eligibility of any person, firm, corporation,
association, agency, institution, or other legal entity to
participate as a vendor of goods or services to recipients
under the medical assistance program under Article V, or may
exclude any such person or entity from participation as such a
vendor, if, after reasonable notice and opportunity for a
hearing, the Illinois Department finds that the vendor; a
person with management responsibility for a vendor; an officer
or person owning, either directly or indirectly, 5% or more of
the shares of stock or other evidences of ownership in a
corporate vendor; an owner of a sole proprietorship that is a
vendor; or a partner in a partnership that is a vendor has been
convicted of an offense based on fraud or willful
misrepresentation related to any of the following:
(1) The medical assistance program under Article V of
this Code.
(2) A medical assistance or health care program in
another state.
(3) The Medicare program under Title XVIII of the
Social Security Act.
(4) The provision of health care services.
(5) A violation of this Code, as provided in Article

VIIIA, or another state or federal medical assistance
program or health care program.
(A-10) The Illinois Department may deny, suspend, or
terminate the eligibility of any person, firm, corporation,
association, agency, institution, or other legal entity to
participate as a vendor of goods or services to recipients
under the medical assistance program under Article V, or may
exclude any such person or entity from participation as such a
vendor, if, after reasonable notice and opportunity for a
hearing, the Illinois Department finds that (i) the vendor,
(ii) a person with management responsibility for a vendor,
(iii) an officer or person owning, either directly or
indirectly, 5% or more of the shares of stock or other
evidences of ownership in a corporate vendor, (iv) an owner of
a sole proprietorship that is a vendor, or (v) a partner in a
partnership that is a vendor has been convicted of an offense
related to any of the following:
(1) Murder.
(2) A Class X felony under the Criminal Code of 1961 or
the Criminal Code of 2012.
(3) Sexual misconduct that may subject recipients to an
undue risk of harm.
(4) A criminal offense that may subject recipients to
an undue risk of harm.
(5) A crime of fraud or dishonesty.
(6) A crime involving a controlled substance.

(7) A misdemeanor relating to fraud, theft,
embezzlement, breach of fiduciary responsibility, or other
financial misconduct related to a health care program.
(A-15) The Illinois Department may deny the eligibility of
any person, firm, corporation, association, agency,
institution, or other legal entity to participate as a vendor
of goods or services to recipients under the medical assistance
program under Article V if, after reasonable notice and
opportunity for a hearing, the Illinois Department finds:
(1) The applicant or any person with management
responsibility for the applicant; an officer or member of
the board of directors of an applicant; an entity owning
(directly or indirectly) 5% or more of the shares of stock
or other evidences of ownership in a corporate vendor
applicant; an owner of a sole proprietorship applicant; a
partner in a partnership applicant; or a technical or other
advisor to an applicant has a debt owed to the Illinois
Department, and no payment arrangements acceptable to the
Illinois Department have been made by the applicant.
(2) The applicant or any person with management
responsibility for the applicant; an officer or member of
the board of directors of an applicant; an entity owning
(directly or indirectly) 5% or more of the shares of stock
or other evidences of ownership in a corporate vendor
applicant; an owner of a sole proprietorship applicant; a
partner in a partnership vendor applicant; or a technical

or other advisor to an applicant was (i) a person with
management responsibility, (ii) an officer or member of the
board of directors of an applicant, (iii) an entity owning
(directly or indirectly) 5% or more of the shares of stock
or other evidences of ownership in a corporate vendor, (iv)
an owner of a sole proprietorship, (v) a partner in a
partnership vendor, (vi) a technical or other advisor to a
vendor, during a period of time where the conduct of that
vendor resulted in a debt owed to the Illinois Department,
and no payment arrangements acceptable to the Illinois
Department have been made by that vendor.
(3) There is a credible allegation of the use,
transfer, or lease of assets of any kind to an applicant
from a current or prior vendor who has a debt owed to the
Illinois Department, no payment arrangements acceptable to
the Illinois Department have been made by that vendor or
the vendor's alternate payee, and the applicant knows or
should have known of such debt.
(4) There is a credible allegation of a transfer of
management responsibilities, or direct or indirect
ownership, to an applicant from a current or prior vendor
who has a debt owed to the Illinois Department, and no
payment arrangements acceptable to the Illinois Department
have been made by that vendor or the vendor's alternate
payee, and the applicant knows or should have known of such
debt.

(5) There is a credible allegation of the use,
transfer, or lease of assets of any kind to an applicant
who is a spouse, child, brother, sister, parent,
grandparent, grandchild, uncle, aunt, niece, relative by
marriage, nephew, cousin, or relative of a current or prior
vendor who has a debt owed to the Illinois Department and
no payment arrangements acceptable to the Illinois
Department have been made.
(6) There is a credible allegation that the applicant's
previous affiliations with a provider of medical services
that has an uncollected debt, a provider that has been or
is subject to a payment suspension under a federal health
care program, or a provider that has been previously
excluded from participation in the medical assistance
program, poses a risk of fraud, waste, or abuse to the
Illinois Department.
As used in this subsection, "credible allegation" is
defined to include an allegation from any source, including,
but not limited to, fraud hotline complaints, claims data
mining, patterns identified through provider audits, civil
actions filed under the Illinois False Claims Act, and law
enforcement investigations. An allegation is considered to be
credible when it has indicia of reliability.
(B) The Illinois Department shall deny, suspend or
terminate the eligibility of any person, firm, corporation,
association, agency, institution or other legal entity to

participate as a vendor of goods or services to recipients
under the medical assistance program under Article V, or may
exclude any such person or entity from participation as such a
vendor:
(1) immediately, if such vendor is not properly
licensed, certified, or authorized;
(2) within 30 days of the date when such vendor's
professional license, certification or other authorization
has been refused renewal, restricted, revoked, suspended,
or otherwise terminated; or
(3) if such vendor has been convicted of a violation of
this Code, as provided in Article VIIIA.
(C) Upon termination, suspension, or exclusion of a vendor
of goods or services from participation in the medical
assistance program authorized by this Article, a person with
management responsibility for such vendor during the time of
any conduct which served as the basis for that vendor's
termination, suspension, or exclusion is barred from
participation in the medical assistance program.
Upon termination, suspension, or exclusion of a corporate
vendor, the officers and persons owning, directly or
indirectly, 5% or more of the shares of stock or other
evidences of ownership in the vendor during the time of any
conduct which served as the basis for that vendor's
termination, suspension, or exclusion are barred from
participation in the medical assistance program. A person who

owns, directly or indirectly, 5% or more of the shares of stock
or other evidences of ownership in a terminated, suspended, or
excluded vendor may not transfer his or her ownership interest
in that vendor to his or her spouse, child, brother, sister,
parent, grandparent, grandchild, uncle, aunt, niece, nephew,
cousin, or relative by marriage.
Upon termination, suspension, or exclusion of a sole
proprietorship or partnership, the owner or partners during the
time of any conduct which served as the basis for that vendor's
termination, suspension, or exclusion are barred from
participation in the medical assistance program. The owner of a
terminated, suspended, or excluded vendor that is a sole
proprietorship, and a partner in a terminated, suspended, or
excluded vendor that is a partnership, may not transfer his or
her ownership or partnership interest in that vendor to his or
her spouse, child, brother, sister, parent, grandparent,
grandchild, uncle, aunt, niece, nephew, cousin, or relative by
marriage.
A person who owns, directly or indirectly, 5% or more of
the shares of stock or other evidences of ownership in a
corporate or limited liability company vendor who owes a debt
to the Department, if that vendor has not made payment
arrangements acceptable to the Department, shall not transfer
his or her ownership interest in that vendor, or vendor assets
of any kind, to his or her spouse, child, brother, sister,
parent, grandparent, grandchild, uncle, aunt, niece, nephew,

cousin, or relative by marriage.
Rules adopted by the Illinois Department to implement these
provisions shall specifically include a definition of the term
"management responsibility" as used in this Section. Such
definition shall include, but not be limited to, typical job
titles, and duties and descriptions which will be considered as
within the definition of individuals with management
responsibility for a provider.
A vendor or a prior vendor who has been terminated,
excluded, or suspended from the medical assistance program, or
from another state or federal medical assistance or health care
program, and any individual currently or previously barred from
the medical assistance program, or from another state or
federal medical assistance or health care program, as a result
of being an officer or a person owning, directly or indirectly,
5% or more of the shares of stock or other evidences of
ownership in a corporate or limited liability company vendor
during the time of any conduct which served as the basis for
that vendor's termination, suspension, or exclusion, may be
required to post a surety bond as part of a condition of
enrollment or participation in the medical assistance program.
The Illinois Department shall establish, by rule, the criteria
and requirements for determining when a surety bond must be
posted and the value of the bond.
A vendor or a prior vendor who has a debt owed to the
Illinois Department and any individual currently or previously

barred from the medical assistance program, or from another
state or federal medical assistance or health care program, as
a result of being an officer or a person owning, directly or
indirectly, 5% or more of the shares of stock or other
evidences of ownership in that corporate or limited liability
company vendor during the time of any conduct which served as
the basis for the debt, may be required to post a surety bond
as part of a condition of enrollment or participation in the
medical assistance program. The Illinois Department shall
establish, by rule, the criteria and requirements for
determining when a surety bond must be posted and the value of
the bond.
(D) If a vendor has been suspended from the medical
assistance program under Article V of the Code, the Director
may require that such vendor correct any deficiencies which
served as the basis for the suspension. The Director shall
specify in the suspension order a specific period of time,
which shall not exceed one year from the date of the order,
during which a suspended vendor shall not be eligible to
participate. At the conclusion of the period of suspension the
Director shall reinstate such vendor, unless he finds that such
vendor has not corrected deficiencies upon which the suspension
was based.
If a vendor has been terminated, suspended, or excluded
from the medical assistance program under Article V, such
vendor shall be barred from participation for at least one

year, except that if a vendor has been terminated, suspended,
or excluded based on a conviction of a violation of Article
VIIIA or a conviction of a felony based on fraud or a willful
misrepresentation related to (i) the medical assistance
program under Article V, (ii) a federal or another state's
medical assistance or health care program, or (iii) the
provision of health care services, then the vendor shall be
barred from participation for 5 years or for the length of the
vendor's sentence for that conviction, whichever is longer. At
the end of one year a vendor who has been terminated,
suspended, or excluded may apply for reinstatement to the
program. Upon proper application to be reinstated such vendor
may be deemed eligible by the Director providing that such
vendor meets the requirements for eligibility under this Code.
If such vendor is deemed not eligible for reinstatement, he
shall be barred from again applying for reinstatement for one
year from the date his application for reinstatement is denied.
A vendor whose termination, suspension, or exclusion from
participation in the Illinois medical assistance program under
Article V was based solely on an action by a governmental
entity other than the Illinois Department may, upon
reinstatement by that governmental entity or upon reversal of
the termination, suspension, or exclusion, apply for
rescission of the termination, suspension, or exclusion from
participation in the Illinois medical assistance program. Upon
proper application for rescission, the vendor may be deemed

eligible by the Director if the vendor meets the requirements
for eligibility under this Code.
If a vendor has been terminated, suspended, or excluded and
reinstated to the medical assistance program under Article V
and the vendor is terminated, suspended, or excluded a second
or subsequent time from the medical assistance program, the
vendor shall be barred from participation for at least 2 years,
except that if a vendor has been terminated, suspended, or
excluded a second time based on a conviction of a violation of
Article VIIIA or a conviction of a felony based on fraud or a
willful misrepresentation related to (i) the medical
assistance program under Article V, (ii) a federal or another
state's medical assistance or health care program, or (iii) the
provision of health care services, then the vendor shall be
barred from participation for life. At the end of 2 years, a
vendor who has been terminated, suspended, or excluded may
apply for reinstatement to the program. Upon application to be
reinstated, the vendor may be deemed eligible if the vendor
meets the requirements for eligibility under this Code. If the
vendor is deemed not eligible for reinstatement, the vendor
shall be barred from again applying for reinstatement for 2
years from the date the vendor's application for reinstatement
is denied.
(E) The Illinois Department may recover money improperly or
erroneously paid, or overpayments, either by setoff, crediting
against future billings or by requiring direct repayment to the

Illinois Department. The Illinois Department may suspend or
deny payment, in whole or in part, if such payment would be
improper or erroneous or would otherwise result in overpayment.
(1) Payments may be suspended, denied, or recovered
from a vendor or alternate payee: (i) for services rendered
in violation of the Illinois Department's provider
notices, statutes, rules, and regulations; (ii) for
services rendered in violation of the terms and conditions
prescribed by the Illinois Department in its vendor
agreement; (iii) for any vendor who fails to grant the
Office of Inspector General timely access to full and
complete records, including, but not limited to, records
relating to recipients under the medical assistance
program for the most recent 6 years, in accordance with
Section 140.28 of Title 89 of the Illinois Administrative
Code, and other information for the purpose of audits,
investigations, or other program integrity functions,
after reasonable written request by the Inspector General;
this subsection (E) does not require vendors to make
available the medical records of patients for whom services
are not reimbursed under this Code or to provide access to
medical records more than 6 years old; (iv) when the vendor
has knowingly made, or caused to be made, any false
statement or representation of a material fact in
connection with the administration of the medical
assistance program; or (v) when the vendor previously

rendered services while terminated, suspended, or excluded
from participation in the medical assistance program or
while terminated or excluded from participation in another
state or federal medical assistance or health care program.
(2) Notwithstanding any other provision of law, if a
vendor has the same taxpayer identification number
(assigned under Section 6109 of the Internal Revenue Code
of 1986) as is assigned to a vendor with past-due financial
obligations to the Illinois Department, the Illinois
Department may make any necessary adjustments to payments
to that vendor in order to satisfy any past-due
obligations, regardless of whether the vendor is assigned a
different billing number under the medical assistance
program.
(E-5) Civil monetary penalties.
(1) As used in this subsection (E-5):
(a) "Knowingly" means that a person, with respect
to information: (i) has actual knowledge of the
information; (ii) acts in deliberate ignorance of the
truth or falsity of the information; or (iii) acts in
reckless disregard of the truth or falsity of the
information. No proof of specific intent to defraud is
required.
(b) "Overpayment" means any funds that a person
receives or retains from the medical assistance
program to which the person, after applicable

reconciliation, is not entitled under this Code.
(c) "Remuneration" means the offer or transfer of
items or services for free or for other than fair
market value by a person; however, remuneration does
not include items or services of a nominal value of no
more than $10 per item or service, or $50 in the
aggregate on an annual basis, or any other offer or
transfer of items or services as determined by the
Department.
(d) "Should know" means that a person, with respect
to information: (i) acts in deliberate ignorance of the
truth or falsity of the information; or (ii) acts in
reckless disregard of the truth or falsity of the
information. No proof of specific intent to defraud is
required.
(2) Any person (including a vendor, provider,
organization, agency, or other entity, or an alternate
payee thereof, but excluding a recipient) who:
(a) knowingly presents or causes to be presented to
an officer, employee, or agent of the State, a claim
that the Department determines:
(i) is for a medical or other item or service
that the person knows or should know was not
provided as claimed, including any person who
engages in a pattern or practice of presenting or
causing to be presented a claim for an item or

service that is based on a code that the person
knows or should know will result in a greater
payment to the person than the code the person
knows or should know is applicable to the item or
service actually provided;
(ii) is for a medical or other item or service
and the person knows or should know that the claim
is false or fraudulent;
(iii) is presented for a vendor physician's
service, or an item or service incident to a vendor
physician's service, by a person who knows or
should know that the individual who furnished, or
supervised the furnishing of, the service:
(AA) was not licensed as a physician;
(BB) was licensed as a physician but such
license had been obtained through a
misrepresentation of material fact (including
cheating on an examination required for
licensing); or
(CC) represented to the patient at the
time the service was furnished that the
physician was certified in a medical specialty
by a medical specialty board, when the
individual was not so certified;
(iv) is for a medical or other item or service
furnished during a period in which the person was

excluded from the medical assistance program or a
federal or state health care program under which
the claim was made pursuant to applicable law; or
(v) is for a pattern of medical or other items
or services that a person knows or should know are
not medically necessary;
(b) knowingly presents or causes to be presented to
any person a request for payment which is in violation
of the conditions for receipt of vendor payments under
the medical assistance program under Section 11-13 of
this Code;
(c) knowingly gives or causes to be given to any
person, with respect to medical assistance program
coverage of inpatient hospital services, information
that he or she knows or should know is false or
misleading, and that could reasonably be expected to
influence the decision when to discharge such person or
other individual from the hospital;
(d) in the case of a person who is not an
organization, agency, or other entity, is excluded
from participating in the medical assistance program
or a federal or state health care program and who, at
the time of a violation of this subsection (E-5):
(i) retains a direct or indirect ownership or
control interest in an entity that is
participating in the medical assistance program or

a federal or state health care program, and who
knows or should know of the action constituting the
basis for the exclusion; or
(ii) is an officer or managing employee of such
an entity;
(e) offers or transfers remuneration to any
individual eligible for benefits under the medical
assistance program that such person knows or should
know is likely to influence such individual to order or
receive from a particular vendor, provider,
practitioner, or supplier any item or service for which
payment may be made, in whole or in part, under the
medical assistance program;
(f) arranges or contracts (by employment or
otherwise) with an individual or entity that the person
knows or should know is excluded from participation in
the medical assistance program or a federal or state
health care program, for the provision of items or
services for which payment may be made under such a
program;
(g) commits an act described in subsection (b) or
(c) of Section 8A-3;
(h) knowingly makes, uses, or causes to be made or
used, a false record or statement material to a false
or fraudulent claim for payment for items and services
furnished under the medical assistance program;

(i) fails to grant timely access, upon reasonable
request (as defined by the Department by rule), to the
Inspector General, for the purpose of audits,
investigations, evaluations, or other statutory
functions of the Inspector General of the Department;
(j) orders or prescribes a medical or other item or
service during a period in which the person was
excluded from the medical assistance program or a
federal or state health care program, in the case where
the person knows or should know that a claim for such
medical or other item or service will be made under
such a program;
(k) knowingly makes or causes to be made any false
statement, omission, or misrepresentation of a
material fact in any application, bid, or contract to
participate or enroll as a vendor or provider of
services or a supplier under the medical assistance
program;
(l) knows of an overpayment and does not report and
return the overpayment to the Department in accordance
with paragraph (6);
shall be subject, in addition to any other penalties that
may be prescribed by law, to a civil money penalty of not
more than $10,000 for each item or service (or, in cases
under subparagraph (c), $15,000 for each individual with
respect to whom false or misleading information was given;

in cases under subparagraph (d), $10,000 for each day the
prohibited relationship occurs; in cases under
subparagraph (g), $50,000 for each such act; in cases under
subparagraph (h), $50,000 for each false record or
statement; in cases under subparagraph (i), $15,000 for
each day of the failure described in such subparagraph; or
in cases under subparagraph (k), $50,000 for each false
statement, omission, or misrepresentation of a material
fact). In addition, such a person shall be subject to an
assessment of not more than 3 times the amount claimed for
each such item or service in lieu of damages sustained by
the State because of such claim (or, in cases under
subparagraph (g), damages of not more than 3 times the
total amount of remuneration offered, paid, solicited, or
received, without regard to whether a portion of such
remuneration was offered, paid, solicited, or received for
a lawful purpose; or in cases under subparagraph (k), an
assessment of not more than 3 times the total amount
claimed for each item or service for which payment was made
based upon the application, bid, or contract containing the
false statement, omission, or misrepresentation of a
material fact).
(3) In addition, the Director or his or her designee
may make a determination in the same proceeding to exclude,
terminate, suspend, or bar the person from participation in
the medical assistance program.

(4) The Illinois Department may seek the civil monetary
penalties and exclusion, termination, suspension, or
barment identified in this subsection (E-5). Prior to the
imposition of any penalties or sanctions, the affected
person shall be afforded an opportunity for a hearing after
reasonable notice. The Department shall establish hearing
procedures by rule.
(5) Any final order, decision, or other determination
made, issued, or executed by the Director under the
provisions of this subsection (E-5), whereby a person is
aggrieved, shall be subject to review in accordance with
the provisions of the Administrative Review Law, and the
rules adopted pursuant thereto, which shall apply to and
govern all proceedings for the judicial review of final
administrative decisions of the Director.
(6)(a) If a person has received an overpayment, the
person shall:
(i) report and return the overpayment to the
Department at the correct address; and
(ii) notify the Department in writing of the reason
for the overpayment.
(b) An overpayment must be reported and returned under
subparagraph (a) by the later of:
(i) the date which is 60 days after the date on
which the overpayment was identified; or
(ii) the date any corresponding cost report is due,

if applicable.
(E-10) A vendor who disputes an overpayment identified as
part of a Department audit shall utilize the Department's
self-referral disclosure protocol as set forth under this Code
to identify, investigate, and return to the Department any
undisputed audit overpayment amount. Unless the disputed
overpayment amount is subject to a fraud payment suspension, or
involves a termination sanction, the Department shall defer the
recovery of the disputed overpayment amount up to one year
after the date of the Department's final audit determination,
or earlier, or as required by State or federal law. If the
administrative hearing extends beyond one year, and such delay
was not caused by the request of the vendor, then the
Department shall not recover the disputed overpayment amount
until the date of the final administrative decision. If a final
administrative decision establishes that the disputed
overpayment amount is owed to the Department, then the amount
shall be immediately due to the Department. The Department
shall be entitled to recover interest from the vendor on the
overpayment amount from the date of the overpayment through the
date the vendor returns the overpayment to the Department at a
rate not to exceed the Wall Street Journal Prime Rate, as
published from time to time, but not to exceed 5%. Any interest
billed by the Department shall be due immediately upon receipt
of the Department's billing statement.
(F) The Illinois Department may withhold payments to any

vendor or alternate payee prior to or during the pendency of
any audit or proceeding under this Section, and through the
pendency of any administrative appeal or administrative review
by any court proceeding. The Illinois Department shall state by
rule with as much specificity as practicable the conditions
under which payments will not be withheld under this Section.
Payments may be denied for bills submitted with service dates
occurring during the pendency of a proceeding, after a final
decision has been rendered, or after the conclusion of any
administrative appeal, where the final administrative decision
is to terminate, exclude, or suspend eligibility to participate
in the medical assistance program. The Illinois Department
shall state by rule with as much specificity as practicable the
conditions under which payments will not be denied for such
bills. The Illinois Department shall state by rule a process
and criteria by which a vendor or alternate payee may request
full or partial release of payments withheld under this
subsection. The Department must complete a proceeding under
this Section in a timely manner.
Notwithstanding recovery allowed under subsection (E) or
this subsection (F), the Illinois Department may withhold
payments to any vendor or alternate payee who is not properly
licensed, certified, or in compliance with State or federal
agency regulations. Payments may be denied for bills submitted
with service dates occurring during the period of time that a
vendor is not properly licensed, certified, or in compliance

with State or federal regulations. Facilities licensed under
the Nursing Home Care Act shall have payments denied or
withheld pursuant to subsection (I) of this Section.
(F-5) The Illinois Department may temporarily withhold
payments to a vendor or alternate payee if any of the following
individuals have been indicted or otherwise charged under a law
of the United States or this or any other state with an offense
that is based on alleged fraud or willful misrepresentation on
the part of the individual related to (i) the medical
assistance program under Article V of this Code, (ii) a federal
or another state's medical assistance or health care program,
or (iii) the provision of health care services:
(1) If the vendor or alternate payee is a corporation:
an officer of the corporation or an individual who owns,
either directly or indirectly, 5% or more of the shares of
stock or other evidence of ownership of the corporation.
(2) If the vendor is a sole proprietorship: the owner
of the sole proprietorship.
(3) If the vendor or alternate payee is a partnership:
a partner in the partnership.
(4) If the vendor or alternate payee is any other
business entity authorized by law to transact business in
this State: an officer of the entity or an individual who
owns, either directly or indirectly, 5% or more of the
evidences of ownership of the entity.
If the Illinois Department withholds payments to a vendor

or alternate payee under this subsection, the Department shall
not release those payments to the vendor or alternate payee
while any criminal proceeding related to the indictment or
charge is pending unless the Department determines that there
is good cause to release the payments before completion of the
proceeding. If the indictment or charge results in the
individual's conviction, the Illinois Department shall retain
all withheld payments, which shall be considered forfeited to
the Department. If the indictment or charge does not result in
the individual's conviction, the Illinois Department shall
release to the vendor or alternate payee all withheld payments.
(F-10) If the Illinois Department establishes that the
vendor or alternate payee owes a debt to the Illinois
Department, and the vendor or alternate payee subsequently
fails to pay or make satisfactory payment arrangements with the
Illinois Department for the debt owed, the Illinois Department
may seek all remedies available under the law of this State to
recover the debt, including, but not limited to, wage
garnishment or the filing of claims or liens against the vendor
or alternate payee.
(F-15) Enforcement of judgment.
(1) Any fine, recovery amount, other sanction, or costs
imposed, or part of any fine, recovery amount, other
sanction, or cost imposed, remaining unpaid after the
exhaustion of or the failure to exhaust judicial review
procedures under the Illinois Administrative Review Law is

a debt due and owing the State and may be collected using
all remedies available under the law.
(2) After expiration of the period in which judicial
review under the Illinois Administrative Review Law may be
sought for a final administrative decision, unless stayed
by a court of competent jurisdiction, the findings,
decision, and order of the Director may be enforced in the
same manner as a judgment entered by a court of competent
jurisdiction.
(3) In any case in which any person or entity has
failed to comply with a judgment ordering or imposing any
fine or other sanction, any expenses incurred by the
Illinois Department to enforce the judgment, including,
but not limited to, attorney's fees, court costs, and costs
related to property demolition or foreclosure, after they
are fixed by a court of competent jurisdiction or the
Director, shall be a debt due and owing the State and may
be collected in accordance with applicable law. Prior to
any expenses being fixed by a final administrative decision
pursuant to this subsection (F-15), the Illinois
Department shall provide notice to the individual or entity
that states that the individual or entity shall appear at a
hearing before the administrative hearing officer to
determine whether the individual or entity has failed to
comply with the judgment. The notice shall set the date for
such a hearing, which shall not be less than 7 days from

the date that notice is served. If notice is served by
mail, the 7-day period shall begin to run on the date that
the notice was deposited in the mail.
(4) Upon being recorded in the manner required by
Article XII of the Code of Civil Procedure or by the
Uniform Commercial Code, a lien shall be imposed on the
real estate or personal estate, or both, of the individual
or entity in the amount of any debt due and owing the State
under this Section. The lien may be enforced in the same
manner as a judgment of a court of competent jurisdiction.
A lien shall attach to all property and assets of such
person, firm, corporation, association, agency,
institution, or other legal entity until the judgment is
satisfied.
(5) The Director may set aside any judgment entered by
default and set a new hearing date upon a petition filed at
any time (i) if the petitioner's failure to appear at the
hearing was for good cause, or (ii) if the petitioner
established that the Department did not provide proper
service of process. If any judgment is set aside pursuant
to this paragraph (5), the hearing officer shall have
authority to enter an order extinguishing any lien which
has been recorded for any debt due and owing the Illinois
Department as a result of the vacated default judgment.
(G) The provisions of the Administrative Review Law, as now
or hereafter amended, and the rules adopted pursuant thereto,

shall apply to and govern all proceedings for the judicial
review of final administrative decisions of the Illinois
Department under this Section. The term "administrative
decision" is defined as in Section 3-101 of the Code of Civil
Procedure.
(G-5) Vendors who pose a risk of fraud, waste, abuse, or
harm.
(1) Notwithstanding any other provision in this
Section, the Department may terminate, suspend, or exclude
vendors who pose a risk of fraud, waste, abuse, or harm
from participation in the medical assistance program prior
to an evidentiary hearing but after reasonable notice and
opportunity to respond as established by the Department by
rule.
(2) Vendors who pose a risk of fraud, waste, abuse, or
harm shall submit to a fingerprint-based criminal
background check on current and future information
available in the State system and current information
available through the Federal Bureau of Investigation's
system by submitting all necessary fees and information in
the form and manner prescribed by the Department of State
Police. The following individuals shall be subject to the
check:
(A) In the case of a vendor that is a corporation,
every shareholder who owns, directly or indirectly, 5%
or more of the outstanding shares of the corporation.

(B) In the case of a vendor that is a partnership,
every partner.
(C) In the case of a vendor that is a sole
proprietorship, the sole proprietor.
(D) Each officer or manager of the vendor.
Each such vendor shall be responsible for payment of
the cost of the criminal background check.
(3) Vendors who pose a risk of fraud, waste, abuse, or
harm may be required to post a surety bond. The Department
shall establish, by rule, the criteria and requirements for
determining when a surety bond must be posted and the value
of the bond.
(4) The Department, or its agents, may refuse to accept
requests for authorization from specific vendors who pose a
risk of fraud, waste, abuse, or harm, including
prior-approval and post-approval requests, if:
(A) the Department has initiated a notice of
termination, suspension, or exclusion of the vendor
from participation in the medical assistance program;
or
(B) the Department has issued notification of its
withholding of payments pursuant to subsection (F-5)
of this Section; or
(C) the Department has issued a notification of its
withholding of payments due to reliable evidence of
fraud or willful misrepresentation pending

investigation.
(5) As used in this subsection, the following terms are
defined as follows:
(A) "Fraud" means an intentional deception or
misrepresentation made by a person with the knowledge
that the deception could result in some unauthorized
benefit to himself or herself or some other person. It
includes any act that constitutes fraud under
applicable federal or State law.
(B) "Abuse" means provider practices that are
inconsistent with sound fiscal, business, or medical
practices and that result in an unnecessary cost to the
medical assistance program or in reimbursement for
services that are not medically necessary or that fail
to meet professionally recognized standards for health
care. It also includes recipient practices that result
in unnecessary cost to the medical assistance program.
Abuse does not include diagnostic or therapeutic
measures conducted primarily as a safeguard against
possible vendor liability.
(C) "Waste" means the unintentional misuse of
medical assistance resources, resulting in unnecessary
cost to the medical assistance program. Waste does not
include diagnostic or therapeutic measures conducted
primarily as a safeguard against possible vendor
liability.

(D) "Harm" means physical, mental, or monetary
damage to recipients or to the medical assistance
program.
(G-6) The Illinois Department, upon making a determination
based upon information in the possession of the Illinois
Department that continuation of participation in the medical
assistance program by a vendor would constitute an immediate
danger to the public, may immediately suspend such vendor's
participation in the medical assistance program without a
hearing. In instances in which the Illinois Department
immediately suspends the medical assistance program
participation of a vendor under this Section, a hearing upon
the vendor's participation must be convened by the Illinois
Department within 15 days after such suspension and completed
without appreciable delay. Such hearing shall be held to
determine whether to recommend to the Director that the
vendor's medical assistance program participation be denied,
terminated, suspended, placed on provisional status, or
reinstated. In the hearing, any evidence relevant to the vendor
constituting an immediate danger to the public may be
introduced against such vendor; provided, however, that the
vendor, or his or her counsel, shall have the opportunity to
discredit, impeach, and submit evidence rebutting such
evidence.
(H) Nothing contained in this Code shall in any way limit
or otherwise impair the authority or power of any State agency

responsible for licensing of vendors.
(I) Based on a finding of noncompliance on the part of a
nursing home with any requirement for certification under Title
XVIII or XIX of the Social Security Act (42 U.S.C. Sec. 1395 et
seq. or 42 U.S.C. Sec. 1396 et seq.), the Illinois Department
may impose one or more of the following remedies after notice
to the facility:
(1) Termination of the provider agreement.
(2) Temporary management.
(3) Denial of payment for new admissions.
(4) Civil money penalties.
(5) Closure of the facility in emergency situations or
transfer of residents, or both.
(6) State monitoring.
(7) Denial of all payments when the U.S. Department of
Health and Human Services has imposed this sanction.
The Illinois Department shall by rule establish criteria
governing continued payments to a nursing facility subsequent
to termination of the facility's provider agreement if, in the
sole discretion of the Illinois Department, circumstances
affecting the health, safety, and welfare of the facility's
residents require those continued payments. The Illinois
Department may condition those continued payments on the
appointment of temporary management, sale of the facility to
new owners or operators, or other arrangements that the
Illinois Department determines best serve the needs of the

facility's residents.
Except in the case of a facility that has a right to a
hearing on the finding of noncompliance before an agency of the
federal government, a facility may request a hearing before a
State agency on any finding of noncompliance within 60 days
after the notice of the intent to impose a remedy. Except in
the case of civil money penalties, a request for a hearing
shall not delay imposition of the penalty. The choice of
remedies is not appealable at a hearing. The level of
noncompliance may be challenged only in the case of a civil
money penalty. The Illinois Department shall provide by rule
for the State agency that will conduct the evidentiary
hearings.
The Illinois Department may collect interest on unpaid
civil money penalties.
The Illinois Department may adopt all rules necessary to
implement this subsection (I).
(J) The Illinois Department, by rule, may permit individual
practitioners to designate that Department payments that may be
due the practitioner be made to an alternate payee or alternate
payees.
(a) Such alternate payee or alternate payees shall be
required to register as an alternate payee in the Medical
Assistance Program with the Illinois Department.
(b) If a practitioner designates an alternate payee,
the alternate payee and practitioner shall be jointly and

severally liable to the Department for payments made to the
alternate payee. Pursuant to subsection (E) of this
Section, any Department action to suspend or deny payment
or recover money or overpayments from an alternate payee
shall be subject to an administrative hearing.
(c) Registration as an alternate payee or alternate
payees in the Illinois Medical Assistance Program shall be
conditional. At any time, the Illinois Department may deny
or cancel any alternate payee's registration in the
Illinois Medical Assistance Program without cause. Any
such denial or cancellation is not subject to an
administrative hearing.
(d) The Illinois Department may seek a revocation of
any alternate payee, and all owners, officers, and
individuals with management responsibility for such
alternate payee shall be permanently prohibited from
participating as an owner, an officer, or an individual
with management responsibility with an alternate payee in
the Illinois Medical Assistance Program, if after
reasonable notice and opportunity for a hearing the
Illinois Department finds that:
(1) the alternate payee is not complying with the
Department's policy or rules and regulations, or with
the terms and conditions prescribed by the Illinois
Department in its alternate payee registration
agreement; or

(2) the alternate payee has failed to keep or make
available for inspection, audit, or copying, after
receiving a written request from the Illinois
Department, such records regarding payments claimed as
an alternate payee; or
(3) the alternate payee has failed to furnish any
information requested by the Illinois Department
regarding payments claimed as an alternate payee; or
(4) the alternate payee has knowingly made, or
caused to be made, any false statement or
representation of a material fact in connection with
the administration of the Illinois Medical Assistance
Program; or
(5) the alternate payee, a person with management
responsibility for an alternate payee, an officer or
person owning, either directly or indirectly, 5% or
more of the shares of stock or other evidences of
ownership in a corporate alternate payee, or a partner
in a partnership which is an alternate payee:
(a) was previously terminated, suspended, or
excluded from participation as a vendor in the
Illinois Medical Assistance Program, or was
previously revoked as an alternate payee in the
Illinois Medical Assistance Program, or was
terminated, suspended, or excluded from
participation as a vendor in a medical assistance

program in another state that is of the same kind
as the program of medical assistance provided
under Article V of this Code; or
(b) was a person with management
responsibility for a vendor previously terminated,
suspended, or excluded from participation as a
vendor in the Illinois Medical Assistance Program,
or was previously revoked as an alternate payee in
the Illinois Medical Assistance Program, or was
terminated, suspended, or excluded from
participation as a vendor in a medical assistance
program in another state that is of the same kind
as the program of medical assistance provided
under Article V of this Code, during the time of
conduct which was the basis for that vendor's
termination, suspension, or exclusion or alternate
payee's revocation; or
(c) was an officer, or person owning, either
directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a
corporate vendor previously terminated, suspended,
or excluded from participation as a vendor in the
Illinois Medical Assistance Program, or was
previously revoked as an alternate payee in the
Illinois Medical Assistance Program, or was
terminated, suspended, or excluded from

participation as a vendor in a medical assistance
program in another state that is of the same kind
as the program of medical assistance provided
under Article V of this Code, during the time of
conduct which was the basis for that vendor's
termination, suspension, or exclusion; or
(d) was an owner of a sole proprietorship or
partner in a partnership previously terminated,
suspended, or excluded from participation as a
vendor in the Illinois Medical Assistance Program,
or was previously revoked as an alternate payee in
the Illinois Medical Assistance Program, or was
terminated, suspended, or excluded from
participation as a vendor in a medical assistance
program in another state that is of the same kind
as the program of medical assistance provided
under Article V of this Code, during the time of
conduct which was the basis for that vendor's
termination, suspension, or exclusion or alternate
payee's revocation; or
(6) the alternate payee, a person with management
responsibility for an alternate payee, an officer or
person owning, either directly or indirectly, 5% or
more of the shares of stock or other evidences of
ownership in a corporate alternate payee, or a partner
in a partnership which is an alternate payee:

(a) has engaged in conduct prohibited by
applicable federal or State law or regulation
relating to the Illinois Medical Assistance
Program; or
(b) was a person with management
responsibility for a vendor or alternate payee at
the time that the vendor or alternate payee engaged
in practices prohibited by applicable federal or
State law or regulation relating to the Illinois
Medical Assistance Program; or
(c) was an officer, or person owning, either
directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a vendor
or alternate payee at the time such vendor or
alternate payee engaged in practices prohibited by
applicable federal or State law or regulation
relating to the Illinois Medical Assistance
Program; or
(d) was an owner of a sole proprietorship or
partner in a partnership which was a vendor or
alternate payee at the time such vendor or
alternate payee engaged in practices prohibited by
applicable federal or State law or regulation
relating to the Illinois Medical Assistance
Program; or
(7) the direct or indirect ownership of the vendor

or alternate payee (including the ownership of a vendor
or alternate payee that is a partner's interest in a
vendor or alternate payee, or ownership of 5% or more
of the shares of stock or other evidences of ownership
in a corporate vendor or alternate payee) has been
transferred by an individual who is terminated,
suspended, or excluded or barred from participating as
a vendor or is prohibited or revoked as an alternate
payee to the individual's spouse, child, brother,
sister, parent, grandparent, grandchild, uncle, aunt,
niece, nephew, cousin, or relative by marriage.
(K) The Illinois Department of Healthcare and Family
Services may withhold payments, in whole or in part, to a
provider or alternate payee where there is credible evidence,
received from State or federal law enforcement or federal
oversight agencies or from the results of a preliminary
Department audit, that the circumstances giving rise to the
need for a withholding of payments may involve fraud or willful
misrepresentation under the Illinois Medical Assistance
program. The Department shall by rule define what constitutes
"credible" evidence for purposes of this subsection. The
Department may withhold payments without first notifying the
provider or alternate payee of its intention to withhold such
payments. A provider or alternate payee may request a
reconsideration of payment withholding, and the Department
must grant such a request. The Department shall state by rule a

process and criteria by which a provider or alternate payee may
request full or partial release of payments withheld under this
subsection. This request may be made at any time after the
Department first withholds such payments.
(a) The Illinois Department must send notice of its
withholding of program payments within 5 days of taking
such action. The notice must set forth the general
allegations as to the nature of the withholding action, but
need not disclose any specific information concerning its
ongoing investigation. The notice must do all of the
following:
(1) State that payments are being withheld in
accordance with this subsection.
(2) State that the withholding is for a temporary
period, as stated in paragraph (b) of this subsection,
and cite the circumstances under which withholding
will be terminated.
(3) Specify, when appropriate, which type or types
of Medicaid claims withholding is effective.
(4) Inform the provider or alternate payee of the
right to submit written evidence for reconsideration
of the withholding by the Illinois Department.
(5) Inform the provider or alternate payee that a
written request may be made to the Illinois Department
for full or partial release of withheld payments and
that such requests may be made at any time after the

Department first withholds such payments.
(b) All withholding-of-payment actions under this
subsection shall be temporary and shall not continue after
any of the following:
(1) The Illinois Department or the prosecuting
authorities determine that there is insufficient
evidence of fraud or willful misrepresentation by the
provider or alternate payee.
(2) Legal proceedings related to the provider's or
alternate payee's alleged fraud, willful
misrepresentation, violations of this Act, or
violations of the Illinois Department's administrative
rules are completed.
(3) The withholding of payments for a period of 3
years.
(c) The Illinois Department may adopt all rules
necessary to implement this subsection (K).
(K-5) The Illinois Department may withhold payments, in
whole or in part, to a provider or alternate payee upon
initiation of an audit, quality of care review, investigation
when there is a credible allegation of fraud, or the provider
or alternate payee demonstrating a clear failure to cooperate
with the Illinois Department such that the circumstances give
rise to the need for a withholding of payments. As used in this
subsection, "credible allegation" is defined to include an
allegation from any source, including, but not limited to,

fraud hotline complaints, claims data mining, patterns
identified through provider audits, civil actions filed under
the Illinois False Claims Act, and law enforcement
investigations. An allegation is considered to be credible when
it has indicia of reliability. The Illinois Department may
withhold payments without first notifying the provider or
alternate payee of its intention to withhold such payments. A
provider or alternate payee may request a hearing or a
reconsideration of payment withholding, and the Illinois
Department must grant such a request. The Illinois Department
shall state by rule a process and criteria by which a provider
or alternate payee may request a hearing or a reconsideration
for the full or partial release of payments withheld under this
subsection. This request may be made at any time after the
Illinois Department first withholds such payments.
(a) The Illinois Department must send notice of its
withholding of program payments within 5 days of taking
such action. The notice must set forth the general
allegations as to the nature of the withholding action but
need not disclose any specific information concerning its
ongoing investigation. The notice must do all of the
following:
(1) State that payments are being withheld in
accordance with this subsection.
(2) State that the withholding is for a temporary
period, as stated in paragraph (b) of this subsection,

and cite the circumstances under which withholding
will be terminated.
(3) Specify, when appropriate, which type or types
of claims are withheld.
(4) Inform the provider or alternate payee of the
right to request a hearing or a reconsideration of the
withholding by the Illinois Department, including the
ability to submit written evidence.
(5) Inform the provider or alternate payee that a
written request may be made to the Illinois Department
for a hearing or a reconsideration for the full or
partial release of withheld payments and that such
requests may be made at any time after the Illinois
Department first withholds such payments.
(b) All withholding of payment actions under this
subsection shall be temporary and shall not continue after
any of the following:
(1) The Illinois Department determines that there
is insufficient evidence of fraud, or the provider or
alternate payee demonstrates clear cooperation with
the Illinois Department, as determined by the Illinois
Department, such that the circumstances do not give
rise to the need for withholding of payments; or
(2) The withholding of payments has lasted for a
period in excess of 3 years.
(c) The Illinois Department may adopt all rules

necessary to implement this subsection (K-5).
(L) The Illinois Department shall establish a protocol to
enable health care providers to disclose an actual or potential
violation of this Section pursuant to a self-referral
disclosure protocol, referred to in this subsection as "the
protocol". The protocol shall include direction for health care
providers on a specific person, official, or office to whom
such disclosures shall be made. The Illinois Department shall
post information on the protocol on the Illinois Department's
public website. The Illinois Department may adopt rules
necessary to implement this subsection (L). In addition to
other factors that the Illinois Department finds appropriate,
the Illinois Department may consider a health care provider's
timely use or failure to use the protocol in considering the
provider's failure to comply with this Code.
(M) Notwithstanding any other provision of this Code, the
Illinois Department, at its discretion, may exempt an entity
licensed under the Nursing Home Care Act and the ID/DD
Community Care Act from the provisions of subsections (A-15),
(B), and (C) of this Section if the licensed entity is in
receivership.
(Source: P.A. 97-689, eff. 6-14-12; 97-1150, eff. 1-25-13;
98-214, eff. 8-9-13; 98-550, eff. 8-27-13; revised 9-19-13.)
(305 ILCS 5/12-4.45)
Sec. 12-4.45. Third party liability.

(a) To the extent authorized under federal law, the
Department of Healthcare and Family Services shall identify
individuals receiving services under medical assistance
programs funded or partially funded by the State who may be or
may have been covered by a third party health insurer, the
period of coverage for such individuals, and the nature of
coverage. A company, as defined in Section 5.5 of the Illinois
Insurance Code and Section 2 of the Comprehensive Health
Insurance Plan Act, must provide the Department eligibility
information in a federally recommended or mutually agreed-upon
format that includes at a minimum:
(1) The names, addresses, dates, and sex of primary
covered persons.
(2) The policy group numbers of the covered persons.
(3) The names, dates of birth, and sex of covered
dependents, and the relationship of dependents to the
primary covered person.
(4) The effective dates of coverage for each covered
person.
(5) The generally defined covered services
information, such as drugs, medical, or any other similar
description of services covered.
(b) The Department may impose an administrative penalty on
a company that does not comply with the request for information
made under Section 5.5 of the Illinois Insurance Code and
paragraph (3) of subsection (a) of Section 20 of the Covering

ALL KIDS Health Insurance Act. The amount of the penalty shall
not exceed $10,000 per day for each day of noncompliance that
occurs after the 180th day after the date of the request. The
first day of the 180-day period commences on the business day
following the date of the correspondence requesting the
information sent by the Department to the company. The amount
shall be based on:
(1) The seriousness of the violation, including the
nature, circumstances, extent, and gravity of the
violation.
(2) The economic harm caused by the violation.
(3) The history of previous violations.
(4) The amount necessary to deter a future violation.
(5) Efforts to correct the violation.
(6) Any other matter that justice may require.
(c) The enforcement of the penalty may be stayed during the
time the order is under administrative review if the company
files an appeal.
(d) The Attorney General may bring suit on behalf of the
Department to collect the penalty.
(e) Recoveries made by the Department in connection with
the imposition of an administrative penalty as provided under
this Section shall be deposited into the Public Aid Recoveries
Trust Fund created under Section 12-9.
(Source: P.A. 98-130, eff. 8-2-13.)

(305 ILCS 5/12-4.46)
Sec. 12-4.46 12-4.45. Change in legal guardianship;
notification. Whenever there is a change in legal guardianship
of a minor child who receives benefits under this Code, the
appropriate State agency shall immediately inform the
Department of Human Services of the change in legal
guardianship to ensure such benefits are sent directly to the
minor child's legal guardian.
For purposes of this Section, "legal guardian" means a
person appointed guardian, or given custody, of a minor by a
circuit court of the 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.
(Source: P.A. 98-256, eff. 8-9-13; revised 10-31-13.)
Section 545. The Adult Protective Services Act is amended
by changing Sections 2 and 7.5 as follows:
(320 ILCS 20/2) (from Ch. 23, par. 6602)
Sec. 2. Definitions. As used in this Act, unless the
context requires otherwise:
(a) "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation of such
adult's financial resources.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse, neglect, or self-neglect

for the sole reason that he or she is being furnished with or
relies upon treatment by spiritual means through prayer alone,
in accordance with the tenets and practices of a recognized
church or religious denomination.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
(a-5) "Abuser" means a person who abuses, neglects, or
financially exploits an eligible adult.
(a-6) "Adult with disabilities" means a person aged 18
through 59 who resides in a domestic living situation and whose
disability impairs his or her ability to seek or obtain
protection from abuse, neglect, or exploitation.
(a-7) "Caregiver" means a person who either as a result of
a family relationship, voluntarily, or in exchange for
compensation has assumed responsibility for all or a portion of
the care of an eligible adult who needs assistance with
activities of daily living.
(b) "Department" means the Department on Aging of the State
of Illinois.
(c) "Director" means the Director of the Department.
(c-5) "Disability" means a physical or mental disability,
including, but not limited to, a developmental disability, an
intellectual disability, a mental illness as defined under the
Mental Health and Developmental Disabilities Code, or dementia

as defined under the Alzheimer's Disease Assistance Act.
(d) "Domestic living situation" means a residence where the
eligible adult at the time of the report lives alone or with
his or her family or a caregiver, or others, or other
community-based unlicensed facility, but is not:
(1) A licensed facility as defined in Section 1-113 of
the Nursing Home Care Act;
(1.5) A facility licensed under the ID/DD Community
Care Act;
(1.7) A facility licensed under the Specialized Mental
Health Rehabilitation Act of 2013;
(2) A "life care facility" as defined in the Life Care
Facilities Act;
(3) A home, institution, or other place operated by the
federal government or agency thereof or by the State of
Illinois;
(4) A hospital, sanitarium, or other institution, the
principal activity or business of which is the diagnosis,
care, and treatment of human illness through the
maintenance and operation of organized facilities
therefor, which is required to be licensed under the
Hospital Licensing Act;
(5) A "community living facility" as defined in the
Community Living Facilities Licensing Act;
(6) (Blank);
(7) A "community-integrated living arrangement" as

defined in the Community-Integrated Living Arrangements
Licensure and Certification Act or a "community
residential alternative" as licensed under that Act;
(8) An assisted living or shared housing establishment
as defined in the Assisted Living and Shared Housing Act;
or
(9) A supportive living facility as described in
Section 5-5.01a of the Illinois Public Aid Code.
(e) "Eligible adult" means either an adult with
disabilities aged 18 through 59 or a person aged 60 or older
who resides in a domestic living situation and is, or is
alleged to be, abused, neglected, or financially exploited by
another individual or who neglects himself or herself.
(f) "Emergency" means a situation in which an eligible
adult is living in conditions presenting a risk of death or
physical, mental or sexual injury and the provider agency has
reason to believe the eligible adult is unable to consent to
services which would alleviate that risk.
(f-1) "Financial exploitation" means the use of an eligible
adult's resources by another to the disadvantage of that adult
or the profit or advantage of a person other than that adult.
(f-5) "Mandated reporter" means any of the following
persons while engaged in carrying out their professional
duties:
(1) a professional or professional's delegate while
engaged in: (i) social services, (ii) law enforcement,

(iii) education, (iv) the care of an eligible adult or
eligible adults, or (v) any of the occupations required to
be licensed under the Clinical Psychologist Licensing Act,
the Clinical Social Work and Social Work Practice Act, the
Illinois Dental Practice Act, the Dietitian Nutritionist
Practice Act, the Marriage and Family Therapy Licensing
Act, the Medical Practice Act of 1987, the Naprapathic
Practice Act, the Nurse Practice Act, the Nursing Home
Administrators Licensing and Disciplinary Act, the
Illinois Occupational Therapy Practice Act, the Illinois
Optometric Practice Act of 1987, the Pharmacy Practice Act,
the Illinois Physical Therapy Act, the Physician Assistant
Practice Act of 1987, the Podiatric Medical Practice Act of
1987, the Respiratory Care Practice Act, the Professional
Counselor and Clinical Professional Counselor Licensing
and Practice Act, the Illinois Speech-Language Pathology
and Audiology Practice Act, the Veterinary Medicine and
Surgery Practice Act of 2004, and the Illinois Public
Accounting Act;
(1.5) an employee of an entity providing developmental
disabilities services or service coordination funded by
the Department of Human Services;
(2) an employee of a vocational rehabilitation
facility prescribed or supervised by the Department of
Human Services;
(3) an administrator, employee, or person providing

services in or through an unlicensed community based
facility;
(4) any religious practitioner who provides treatment
by prayer or spiritual means alone in accordance with the
tenets and practices of a recognized church or religious
denomination, except as to information received in any
confession or sacred communication enjoined by the
discipline of the religious denomination to be held
confidential;
(5) field personnel of the Department of Healthcare and
Family Services, Department of Public Health, and
Department of Human Services, and any county or municipal
health department;
(6) personnel of the Department of Human Services, the
Guardianship and Advocacy Commission, the State Fire
Marshal, local fire departments, the Department on Aging
and its subsidiary Area Agencies on Aging and provider
agencies, and the Office of State Long Term Care Ombudsman;
(7) any employee of the State of Illinois not otherwise
specified herein who is involved in providing services to
eligible adults, including professionals providing medical
or rehabilitation services and all other persons having
direct contact with eligible adults;
(8) a person who performs the duties of a coroner or
medical examiner; or
(9) a person who performs the duties of a paramedic or

an emergency medical technician.
(g) "Neglect" means another individual's failure to
provide an eligible adult with or willful withholding from an
eligible adult the necessities of life including, but not
limited to, food, clothing, shelter or health care. This
subsection does not create any new affirmative duty to provide
support to eligible adults. Nothing in this Act shall be
construed to mean that an eligible adult is a victim of neglect
because of health care services provided or not provided by
licensed health care professionals.
(h) "Provider agency" means any public or nonprofit agency
in a planning and service area appointed by the regional
administrative agency with prior approval by the Department on
Aging to receive and assess reports of alleged or suspected
abuse, neglect, or financial exploitation. A provider agency is
also referenced as a "designated agency" in this Act.
(i) "Regional administrative agency" means any public or
nonprofit agency in a planning and service area so designated
by the Department, provided that the designated Area Agency on
Aging shall be designated the regional administrative agency if
it so requests. The Department shall assume the functions of
the regional administrative agency for any planning and service
area where another agency is not so designated.
(i-5) "Self-neglect" means a condition that is the result
of an eligible adult's inability, due to physical or mental
impairments, or both, or a diminished capacity, to perform

essential self-care tasks that substantially threaten his or
her own health, including: providing essential food, clothing,
shelter, and health care; and obtaining goods and services
necessary to maintain physical health, mental health,
emotional well-being, and general safety. The term includes
compulsive hoarding, which is characterized by the acquisition
and retention of large quantities of items and materials that
produce an extensively cluttered living space, which
significantly impairs the performance of essential self-care
tasks or otherwise substantially threatens life or safety.
(j) "Substantiated case" means a reported case of alleged
or suspected abuse, neglect, financial exploitation, or
self-neglect in which a provider agency, after assessment,
determines that there is reason to believe abuse, neglect, or
financial exploitation has occurred.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-300,
eff. 8-11-11; 97-706, eff. 6-25-12; 97-813, eff. 7-13-12;
97-1141, eff. 12-28-12; 98-49, eff. 7-1-13; 98-104, eff.
7-22-13; revised 9-19-13.)
(320 ILCS 20/7.5)
Sec. 7.5. Health Care Worker Registry.
(a) Reporting to the Registry. The Department on Aging
shall report to the Department of Public Health's Health Care
Worker Registry the identity and administrative finding of a
verified and substantiated decision of abuse, neglect, or

financial exploitation of an eligible adult under this Act that
is made against any caregiver, including consultants and
volunteers, employed by a provider licensed, certified, or
regulated by, or paid with public funds from, the Department of
Public Health, Healthcare and Family Services, or Human
Services, or the Department on Aging. For uncompensated or
privately paid caregivers, the Department on Aging shall report
only a verified and substantiated decision of significant
abuse, neglect, or financial exploitation of an eligible adult
under this Act. An administrative finding placed in the
Registry shall preclude any caregiver from providing direct
access or other services, including consulting and
volunteering, in a position with a provider that is licensed,
certified, or regulated by, or paid with public funds from or
on behalf of, the State of Illinois or any Department thereof,
that permits the caregiver direct access to an adult aged 60 or
older or an adult, over 18, with a disability or to that
individual's living quarters or personal, financial, or
medical records.
(b) Definitions. As used in this Section:
"Direct care" includes, but is not limited to, direct
access to an individual, his or her living quarters, or his or
her personal, financial, or medical records for the purpose of
providing nursing care or assistance with feeding, dressing,
movement, bathing, toileting, other personal needs and
activities of daily living, or assistance with financial

transactions.
"Privately paid caregiver" means any caregiver who has been
paid with resources other than public funds, regardless of
licensure, certification, or regulation by the State of
Illinois and any Department thereof. A privately paid caregiver
does not include any caregiver that has been licensed,
certified, or regulated by a State agency, or paid with public
funds.
"Significant" means a finding of abuse, neglect, or
financial exploitation as determined by the Department that (i)
represents a meaningful failure to adequately provide for, or a
material indifference to, the financial, health, safety, or
medical needs of an eligible adult or (ii) results in an
eligible adult's death or other serious deterioration of an
eligible adult's financial resources, physical condition, or
mental condition.
"Uncompensated caregiver" means a caregiver who, in an
informal capacity, assists an eligible adult with activities of
daily living, financial transactions, or chore housekeeping
type duties. "Uncompensated caregiver" does not refer to an
individual serving in a formal capacity as a volunteer with a
provider licensed, certified, or regulated by a State agency.
(c) Access to and use of the Registry. Access to the
Registry shall be limited to licensed, certified, or regulated
providers by the Department of Public Health, Healthcare and
Family Service, or Human Services, or the Department on Aging.

The State of Illinois, any Department thereof, or a provider
licensed, certified, or regulated, or paid with public funds
by, from, or on behalf of the Department of Public Health,
Healthcare and Family Services, or Human Services, or the
Department on Aging, shall not hire or compensate any person
seeking employment, retain any contractors, or accept any
volunteers to provide direct care without first conducting an
online check of the person through the Department of Public
Health's Health Care Worker Registry. The provider shall
maintain a copy of the results of the online check to
demonstrate compliance with this requirement. The provider is
prohibited from hiring, compensating, or accepting a person,
including as a consultant or volunteer, for whom the online
check reveals a verified and substantiated claim of abuse,
neglect, or financial exploitation, to provide direct access to
any adult aged 60 or older or any adult, over 18, with a
disability. Additionally, a provider is prohibited from
retaining a person for whom they gain knowledge of a verified
and substantiated claim of abuse, neglect, or financial
exploitation in a position that permits the caregiver direct
access to provide direct care to any adult aged 60 or older or
any adult, over 18, with a disability or direct access to that
individual's living quarters or personal, financial, or
medical records. Failure to comply with this requirement may
subject such a provider to corrective action by the appropriate
regulatory agency or other lawful remedies provided under the

applicable licensure, certification, or regulatory laws and
rules.
(d) Notice to caregiver. The Department on Aging shall
establish rules concerning notice to the caregiver in cases of
abuse, neglect, or financial exploitation.
(e) Notification to eligible adults, guardians, or agents.
As part of its investigation, the Department on Aging shall
notify an eligible adult, or an eligible adult's guardian or
agent, that a caregiver's name may be placed on the Registry
based on a finding as described in subsection (a) (a-1) of this
Section.
(f) Notification to employer. A provider licensed,
certified, or regulated by the Department of Public Health,
Healthcare and Family Services, or Human Services, or the
Department on Aging shall be notified of an administrative
finding against any caregiver who is an employee, consultant,
or volunteer of a verified and substantiated decision of abuse,
neglect, or financial exploitation of an eligible adult under
this Act. If there is an imminent risk of danger to the
eligible adult or an imminent risk of misuse of personal,
medical, or financial information, the caregiver shall
immediately be barred from direct access to the eligible adult,
his or her living quarters, or his or her personal, financial,
or medical records, pending the outcome of any challenge,
criminal prosecution, or other type of collateral action.
(g) Caregiver challenges. The Department on Aging shall

establish, by rule, procedures concerning caregiver
challenges.
(h) Caregiver's rights to collateral action. The
Department on Aging shall not make any report to the Registry
if a caregiver notifies the Department in writing, including
any supporting documentation, that he or she is formally
challenging an adverse employment action resulting from a
verified and substantiated finding of abuse, neglect, or
financial exploitation by complaint filed with the Illinois
Civil Service Commission, or by another means which seeks to
enforce the caregiver's rights pursuant to any applicable
collective bargaining agreement. If an action taken by an
employer against a caregiver as a result of a finding of abuse,
neglect, or financial exploitation is overturned through an
action filed with the Illinois Civil Service Commission or
under any applicable collective bargaining agreement after
that caregiver's name has already been sent to the Registry,
the caregiver's name shall be removed from the Registry.
(i) Removal from Registry. At any time after a report to
the Registry, but no more than once in each successive 3-year
period thereafter, for a maximum of 3 such requests, a
caregiver may write to the Director of the Department on Aging
to request removal of his or her name from the Registry in
relationship to a single incident. The caregiver shall bear the
burden of showing cause that establishes, by a preponderance of
the evidence, that removal of his or her name from the Registry

is in the public interest. Upon receiving such a request, the
Department on Aging shall conduct an investigation and consider
any evidentiary material provided. The Department shall issue a
decision either granting or denying removal within 60 calendar
days, and shall issue such decision to the caregiver and the
Registry. The waiver process at the Department of Public Health
does not apply to Registry reports from the Department on
Aging. The Department on Aging shall establish standards for
the removal of a name from the Registry by rule.
(j) Referral of Registry reports to health care facilities.
In the event an eligible adult receiving services from a
provider agency changes his or her residence from a domestic
living situation to that of a health care facility, the
provider agency shall use reasonable efforts to promptly inform
the health care facility and the appropriate Regional Long Term
Care Ombudsman about any Registry reports relating to the
eligible adult. For purposes of this Section, a health care
facility includes, but is not limited to, any residential
facility licensed, certified, or regulated by the Department of
Public Health, Healthcare and Family Services, or Human
Services.
(Source: P.A. 98-49, eff. 1-1-14; revised 11-12-13.)
Section 550. The Abused and Neglected Child Reporting Act
is amended by changing Sections 4 and 7.16 as follows:

(325 ILCS 5/4)
(Text of Section before amendment by P.A. 98-408)
Sec. 4. Persons required to report; privileged
communications; transmitting false report. Any physician,
resident, intern, hospital, hospital administrator and
personnel engaged in examination, care and treatment of
persons, surgeon, dentist, dentist hygienist, osteopath,
chiropractor, podiatric physician, physician assistant,
substance abuse treatment personnel, funeral home director or
employee, coroner, medical examiner, emergency medical
technician, acupuncturist, crisis line or hotline personnel,
school personnel (including administrators and both certified
and non-certified school employees), personnel of institutions
of higher education, educational advocate assigned to a child
pursuant to the School Code, member of a school board or the
Chicago Board of Education or the governing body of a private
school (but only to the extent required in accordance with
other provisions of this Section expressly concerning the duty
of school board members to report suspected child abuse),
truant officers, social worker, social services administrator,
domestic violence program personnel, registered nurse,
licensed practical nurse, genetic counselor, respiratory care
practitioner, advanced practice nurse, home health aide,
director or staff assistant of a nursery school or a child day
care center, recreational or athletic program or facility
personnel, early intervention provider as defined in the Early

Intervention Services System Act, law enforcement officer,
licensed professional counselor, licensed clinical
professional counselor, registered psychologist and assistants
working under the direct supervision of a psychologist,
psychiatrist, or field personnel of the Department of
Healthcare and Family Services, Juvenile Justice, Public
Health, Human Services (acting as successor to the Department
of Mental Health and Developmental Disabilities,
Rehabilitation Services, or Public Aid), Corrections, Human
Rights, or Children and Family Services, supervisor and
administrator of general assistance under the Illinois Public
Aid Code, probation officer, animal control officer or Illinois
Department of Agriculture Bureau of Animal Health and Welfare
field investigator, or any other foster parent, homemaker or
child care worker having reasonable cause to believe a child
known to them in their professional or official capacity may be
an abused child or a neglected child shall immediately report
or cause a report to be made to the Department.
Any member of the clergy having reasonable cause to believe
that a child known to that member of the clergy in his or her
professional capacity may be an abused child as defined in item
(c) of the definition of "abused child" in Section 3 of this
Act shall immediately report or cause a report to be made to
the Department.
Any physician, physician's assistant, registered nurse,
licensed practical nurse, medical technician, certified

nursing assistant, social worker, or licensed professional
counselor of any office, clinic, or any other physical location
that provides abortions, abortion referrals, or contraceptives
having reasonable cause to believe a child known to him or her
in his or her professional or official capacity may be an
abused child or a neglected child shall immediately report or
cause a report to be made to the Department.
If an allegation is raised to a school board member during
the course of an open or closed school board meeting that a
child who is enrolled in the school district of which he or she
is a board member is an abused child as defined in Section 3 of
this Act, the member shall direct or cause the school board to
direct the superintendent of the school district or other
equivalent school administrator to comply with the
requirements of this Act concerning the reporting of child
abuse. For purposes of this paragraph, a school board member is
granted the authority in his or her individual capacity to
direct the superintendent of the school district or other
equivalent school administrator to comply with the
requirements of this Act concerning the reporting of child
abuse.
Notwithstanding any other provision of this Act, if an
employee of a school district has made a report or caused a
report to be made to the Department under this Act involving
the conduct of a current or former employee of the school
district and a request is made by another school district for

the provision of information concerning the job performance or
qualifications of the current or former employee because he or
she is an applicant for employment with the requesting school
district, the general superintendent of the school district to
which the request is being made must disclose to the requesting
school district the fact that an employee of the school
district has made a report involving the conduct of the
applicant or caused a report to be made to the Department, as
required under this Act. Only the fact that an employee of the
school district has made a report involving the conduct of the
applicant or caused a report to be made to the Department may
be disclosed by the general superintendent of the school
district to which the request for information concerning the
applicant is made, and this fact may be disclosed only in cases
where the employee and the general superintendent have not been
informed by the Department that the allegations were unfounded.
An employee of a school district who is or has been the subject
of a report made pursuant to this Act during his or her
employment with the school district must be informed by that
school district that if he or she applies for employment with
another school district, the general superintendent of the
former school district, upon the request of the school district
to which the employee applies, shall notify that requesting
school district that the employee is or was the subject of such
a report.
Whenever such person is required to report under this Act

in his capacity as a member of the staff of a medical or other
public or private institution, school, facility or agency, or
as a member of the clergy, he shall make report immediately to
the Department in accordance with the provisions of this Act
and may also notify the person in charge of such institution,
school, facility or agency, or church, synagogue, temple,
mosque, or other religious institution, or his designated agent
that such report has been made. Under no circumstances shall
any person in charge of such institution, school, facility or
agency, or church, synagogue, temple, mosque, or other
religious institution, or his designated agent to whom such
notification has been made, exercise any control, restraint,
modification or other change in the report or the forwarding of
such report to the Department.
The privileged quality of communication between any
professional person required to report and his patient or
client shall not apply to situations involving abused or
neglected children and shall not constitute grounds for failure
to report as required by this Act or constitute grounds for
failure to share information or documents with the Department
during the course of a child abuse or neglect investigation. If
requested by the professional, the Department shall confirm in
writing that the information or documents disclosed by the
professional were gathered in the course of a child abuse or
neglect investigation.
The reporting requirements of this Act shall not apply to

the contents of a privileged communication between an attorney
and his or her client or to confidential information within the
meaning of Rule 1.6 of the Illinois Rules of Professional
Conduct relating to the legal representation of an individual
client.
A member of the clergy may claim the privilege under
Section 8-803 of the Code of Civil Procedure.
Any office, clinic, or any other physical location that
provides abortions, abortion referrals, or contraceptives
shall provide to all office personnel copies of written
information and training materials about abuse and neglect and
the requirements of this Act that are provided to employees of
the office, clinic, or physical location who are required to
make reports to the Department under this Act, and instruct
such office personnel to bring to the attention of an employee
of the office, clinic, or physical location who is required to
make reports to the Department under this Act any reasonable
suspicion that a child known to him or her in his or her
professional or official capacity may be an abused child or a
neglected child. In addition to the above persons required to
report suspected cases of abused or neglected children, any
other person may make a report if such person has reasonable
cause to believe a child may be an abused child or a neglected
child.
Any person who enters into employment on and after July 1,
1986 and is mandated by virtue of that employment to report

under this Act, shall sign a statement on a form prescribed by
the Department, to the effect that the employee has knowledge
and understanding of the reporting requirements of this Act.
The statement shall be signed prior to commencement of the
employment. The signed statement shall be retained by the
employer. The cost of printing, distribution, and filing of the
statement shall be borne by the employer.
The Department shall provide copies of this Act, upon
request, to all employers employing persons who shall be
required under the provisions of this Section to report under
this Act.
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 provision is a Class 4 felony.
Any person who knowingly and willfully violates any
provision of this Section other than a second or subsequent
violation of transmitting a false report as described in the
preceding paragraph, is guilty of a Class A misdemeanor for a
first violation and a Class 4 felony for a second or subsequent
violation; except that if the person acted as part of a plan or
scheme having as its object the prevention of discovery of an
abused or neglected child by lawful authorities for the purpose
of protecting or insulating any person or entity from arrest or
prosecution, the person is guilty of a Class 4 felony for a
first offense and a Class 3 felony for a second or subsequent

offense (regardless of whether the second or subsequent offense
involves any of the same facts or persons as the first or other
prior offense).
A child whose parent, guardian or custodian in good faith
selects and depends upon spiritual means through prayer alone
for the treatment or cure of disease or remedial care may be
considered neglected or abused, but not for the sole reason
that his parent, guardian or custodian accepts and practices
such beliefs.
A child shall not be considered neglected or abused solely
because the child is not attending school in accordance with
the requirements of Article 26 of the School Code, as amended.
Nothing in this Act prohibits a mandated reporter who
reasonably believes that an animal is being abused or neglected
in violation of the Humane Care for Animals Act from reporting
animal abuse or neglect to the Department of Agriculture's
Bureau of Animal Health and Welfare.
A home rule unit may not regulate the reporting of child
abuse or neglect in a manner inconsistent with the provisions
of this Section. This Section is a limitation under subsection
(i) of Section 6 of Article VII of the Illinois Constitution on
the concurrent exercise by home rule units of powers and
functions exercised by the State.
For purposes of this Section "child abuse or neglect"
includes abuse or neglect of an adult resident as defined in
this Act.

(Source: P.A. 97-189, eff. 7-22-11; 97-254, eff. 1-1-12;
97-387, eff. 8-15-11; 97-711, eff. 6-27-12; 97-813, eff.
7-13-12; 97-1150, eff. 1-25-13; 98-67, eff. 7-15-13; 98-214,
eff. 8-9-13; revised 9-19-13.)
(Text of Section after amendment by P.A. 98-408)
Sec. 4. Persons required to report; privileged
communications; transmitting false report. Any physician,
resident, intern, hospital, hospital administrator and
personnel engaged in examination, care and treatment of
persons, surgeon, dentist, dentist hygienist, osteopath,
chiropractor, podiatric physician, physician assistant,
substance abuse treatment personnel, funeral home director or
employee, coroner, medical examiner, emergency medical
technician, acupuncturist, crisis line or hotline personnel,
school personnel (including administrators and both certified
and non-certified school employees), personnel of institutions
of higher education, educational advocate assigned to a child
pursuant to the School Code, member of a school board or the
Chicago Board of Education or the governing body of a private
school (but only to the extent required in accordance with
other provisions of this Section expressly concerning the duty
of school board members to report suspected child abuse),
truant officers, social worker, social services administrator,
domestic violence program personnel, registered nurse,
licensed practical nurse, genetic counselor, respiratory care

practitioner, advanced practice nurse, home health aide,
director or staff assistant of a nursery school or a child day
care center, recreational or athletic program or facility
personnel, early intervention provider as defined in the Early
Intervention Services System Act, law enforcement officer,
licensed professional counselor, licensed clinical
professional counselor, registered psychologist and assistants
working under the direct supervision of a psychologist,
psychiatrist, or field personnel of the Department of
Healthcare and Family Services, Juvenile Justice, Public
Health, Human Services (acting as successor to the Department
of Mental Health and Developmental Disabilities,
Rehabilitation Services, or Public Aid), Corrections, Human
Rights, or Children and Family Services, supervisor and
administrator of general assistance under the Illinois Public
Aid Code, probation officer, animal control officer or Illinois
Department of Agriculture Bureau of Animal Health and Welfare
field investigator, or any other foster parent, homemaker or
child care worker having reasonable cause to believe a child
known to them in their professional or official capacity may be
an abused child or a neglected child shall immediately report
or cause a report to be made to the Department.
Any member of the clergy having reasonable cause to believe
that a child known to that member of the clergy in his or her
professional capacity may be an abused child as defined in item
(c) of the definition of "abused child" in Section 3 of this

Act shall immediately report or cause a report to be made to
the Department.
Any physician, physician's assistant, registered nurse,
licensed practical nurse, medical technician, certified
nursing assistant, social worker, or licensed professional
counselor of any office, clinic, or any other physical location
that provides abortions, abortion referrals, or contraceptives
having reasonable cause to believe a child known to him or her
in his or her professional or official capacity may be an
abused child or a neglected child shall immediately report or
cause a report to be made to the Department.
If an allegation is raised to a school board member during
the course of an open or closed school board meeting that a
child who is enrolled in the school district of which he or she
is a board member is an abused child as defined in Section 3 of
this Act, the member shall direct or cause the school board to
direct the superintendent of the school district or other
equivalent school administrator to comply with the
requirements of this Act concerning the reporting of child
abuse. For purposes of this paragraph, a school board member is
granted the authority in his or her individual capacity to
direct the superintendent of the school district or other
equivalent school administrator to comply with the
requirements of this Act concerning the reporting of child
abuse.
Notwithstanding any other provision of this Act, if an

employee of a school district has made a report or caused a
report to be made to the Department under this Act involving
the conduct of a current or former employee of the school
district and a request is made by another school district for
the provision of information concerning the job performance or
qualifications of the current or former employee because he or
she is an applicant for employment with the requesting school
district, the general superintendent of the school district to
which the request is being made must disclose to the requesting
school district the fact that an employee of the school
district has made a report involving the conduct of the
applicant or caused a report to be made to the Department, as
required under this Act. Only the fact that an employee of the
school district has made a report involving the conduct of the
applicant or caused a report to be made to the Department may
be disclosed by the general superintendent of the school
district to which the request for information concerning the
applicant is made, and this fact may be disclosed only in cases
where the employee and the general superintendent have not been
informed by the Department that the allegations were unfounded.
An employee of a school district who is or has been the subject
of a report made pursuant to this Act during his or her
employment with the school district must be informed by that
school district that if he or she applies for employment with
another school district, the general superintendent of the
former school district, upon the request of the school district

to which the employee applies, shall notify that requesting
school district that the employee is or was the subject of such
a report.
Whenever such person is required to report under this Act
in his capacity as a member of the staff of a medical or other
public or private institution, school, facility or agency, or
as a member of the clergy, he shall make report immediately to
the Department in accordance with the provisions of this Act
and may also notify the person in charge of such institution,
school, facility or agency, or church, synagogue, temple,
mosque, or other religious institution, or his designated agent
that such report has been made. Under no circumstances shall
any person in charge of such institution, school, facility or
agency, or church, synagogue, temple, mosque, or other
religious institution, or his designated agent to whom such
notification has been made, exercise any control, restraint,
modification or other change in the report or the forwarding of
such report to the Department.
The privileged quality of communication between any
professional person required to report and his patient or
client shall not apply to situations involving abused or
neglected children and shall not constitute grounds for failure
to report as required by this Act or constitute grounds for
failure to share information or documents with the Department
during the course of a child abuse or neglect investigation. If
requested by the professional, the Department shall confirm in

writing that the information or documents disclosed by the
professional were gathered in the course of a child abuse or
neglect investigation.
The reporting requirements of this Act shall not apply to
the contents of a privileged communication between an attorney
and his or her client or to confidential information within the
meaning of Rule 1.6 of the Illinois Rules of Professional
Conduct relating to the legal representation of an individual
client.
A member of the clergy may claim the privilege under
Section 8-803 of the Code of Civil Procedure.
Any office, clinic, or any other physical location that
provides abortions, abortion referrals, or contraceptives
shall provide to all office personnel copies of written
information and training materials about abuse and neglect and
the requirements of this Act that are provided to employees of
the office, clinic, or physical location who are required to
make reports to the Department under this Act, and instruct
such office personnel to bring to the attention of an employee
of the office, clinic, or physical location who is required to
make reports to the Department under this Act any reasonable
suspicion that a child known to him or her in his or her
professional or official capacity may be an abused child or a
neglected child. In addition to the above persons required to
report suspected cases of abused or neglected children, any
other person may make a report if such person has reasonable

cause to believe a child may be an abused child or a neglected
child.
Any person who enters into employment on and after July 1,
1986 and is mandated by virtue of that employment to report
under this Act, shall sign a statement on a form prescribed by
the Department, to the effect that the employee has knowledge
and understanding of the reporting requirements of this Act.
The statement shall be signed prior to commencement of the
employment. The signed statement shall be retained by the
employer. The cost of printing, distribution, and filing of the
statement shall be borne by the employer.
Within one year of initial employment and at least every 5
years thereafter, school personnel required to report child
abuse as provided under this Section must complete mandated
reporter training by a provider or agency with expertise in
recognizing and reporting child abuse.
The Department shall provide copies of this Act, upon
request, to all employers employing persons who shall be
required under the provisions of this Section to report under
this Act.
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 provision is a Class 4 felony.
Any person who knowingly and willfully violates any
provision of this Section other than a second or subsequent

violation of transmitting a false report as described in the
preceding paragraph, is guilty of a Class A misdemeanor for a
first violation and a Class 4 felony for a second or subsequent
violation; except that if the person acted as part of a plan or
scheme having as its object the prevention of discovery of an
abused or neglected child by lawful authorities for the purpose
of protecting or insulating any person or entity from arrest or
prosecution, the person is guilty of a Class 4 felony for a
first offense and a Class 3 felony for a second or subsequent
offense (regardless of whether the second or subsequent offense
involves any of the same facts or persons as the first or other
prior offense).
A child whose parent, guardian or custodian in good faith
selects and depends upon spiritual means through prayer alone
for the treatment or cure of disease or remedial care may be
considered neglected or abused, but not for the sole reason
that his parent, guardian or custodian accepts and practices
such beliefs.
A child shall not be considered neglected or abused solely
because the child is not attending school in accordance with
the requirements of Article 26 of the School Code, as amended.
Nothing in this Act prohibits a mandated reporter who
reasonably believes that an animal is being abused or neglected
in violation of the Humane Care for Animals Act from reporting
animal abuse or neglect to the Department of Agriculture's
Bureau of Animal Health and Welfare.

A home rule unit may not regulate the reporting of child
abuse or neglect in a manner inconsistent with the provisions
of this Section. This Section is a limitation under subsection
(i) of Section 6 of Article VII of the Illinois Constitution on
the concurrent exercise by home rule units of powers and
functions exercised by the State.
For purposes of this Section "child abuse or neglect"
includes abuse or neglect of an adult resident as defined in
this Act.
(Source: P.A. 97-189, eff. 7-22-11; 97-254, eff. 1-1-12;
97-387, eff. 8-15-11; 97-711, eff. 6-27-12; 97-813, eff.
7-13-12; 97-1150, eff. 1-25-13; 98-67, eff. 7-15-13; 98-214,
eff. 8-9-13; 98-408, eff. 7-1-14; revised 9-19-13.)
(325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)
Sec. 7.16. For any investigation or appeal initiated on or
after, or pending on July 1, 1998, the following time frames
shall apply. Within 60 days after the notification of the
completion of the Child Protective Service Unit investigation,
determined by the date of the notification sent by the
Department, the perpetrator named in the notification may
request the Department to amend the record or remove the record
of the report from the register, except that the 60-day
deadline for filing a request to amend the record or remove the
record of the report from the State Central Register shall be
tolled until after the conclusion of any criminal court action

in the circuit court or after adjudication in any juvenile
court action concerning the circumstances that give rise to an
indicated report. Such request shall be in writing and directed
to such person as the Department designates in the notification
letter notifying the perpetrator of the indicated finding. The
perpetrator shall have the right to a timely hearing within the
Department to determine whether the record of the report should
be amended or removed on the grounds that it is inaccurate or
it is being maintained in a manner inconsistent with this Act,
except that there shall be no such right to a hearing on the
ground of the report's inaccuracy if there has been a court
finding of child abuse or neglect or a criminal finding of
guilt as to the perpetrator. Such hearing shall be held within
a reasonable time after the perpetrator's request and at a
reasonable place and hour. The appropriate Child Protective
Service Unit shall be given notice of the hearing. If the
minor, who is the victim named in the report sought to be
amended or removed from the State Central Register, is the
subject of a pending action under Article II of the Juvenile
Court Act of 1987, and the report was made while a guardian ad
litem was appointed for the minor under Section 2-17 of the
Juvenile Court Act of 1987, then the minor shall, through the
minor's attorney or guardian ad litem appointed under Section
2-17 of the Juvenile Court Act of 1987, have the right to
participate and be heard in such hearing as defined under the
Department's rules. In such hearings, the burden of proving the

accuracy and consistency of the record shall be on the
Department and the appropriate Child Protective Service Unit.
The hearing shall be conducted by the Director or his designee,
who is hereby authorized and empowered to order the amendment
or removal of the record to make it accurate and consistent
with this Act. The decision shall be made, in writing, at the
close of the hearing, or within 60 days thereof, and shall
state the reasons upon which it is based. Decisions of the
Department under this Section are administrative decisions
subject to judicial review under the Administrative Review Law.
Should the Department grant the request of the perpetrator
pursuant to this Section either on administrative review or
after an administrative hearing to amend an indicated report to
an unfounded report, the report shall be released and expunged
in accordance with the standards set forth in Section 7.14 of
this Act.
(Source: P.A. 98-453, eff. 8-16-13; 98-487, eff. 1-1-14;
revised 10-1-13.)
Section 555. The Early Intervention Services System Act is
amended by changing Section 5 as follows:
(325 ILCS 20/5) (from Ch. 23, par. 4155)
Sec. 5. Lead Agency. The Department of Human Services is
designated the lead agency and shall provide leadership in
establishing and implementing the coordinated, comprehensive,

interagency and interdisciplinary system of early intervention
services. The lead agency shall not have the sole
responsibility for providing these services. Each
participating State agency shall continue to coordinate those
early intervention services relating to health, social service
and education provided under this authority.
The lead agency is responsible for carrying out the
following:
(a) The general administration, supervision, and
monitoring of programs and activities receiving assistance
under Section 673 of the Individuals with Disabilities
Education Act (20 United States Code 1473).
(b) The identification and coordination of all
available resources within the State from federal, State,
local and private sources.
(c) The development of procedures to ensure that
services are provided to eligible infants and toddlers and
their families in a timely manner pending the resolution of
any disputes among public agencies or service providers.
(d) The resolution of intra-agency and interagency
regulatory and procedural disputes.
(e) The development and implementation of formal
interagency agreements, and the entry into such
agreements, between the lead agency and (i) the Department
of Healthcare and Family Services, (ii) the University of
Illinois Division of Specialized Care for Children, and

(iii) other relevant State agencies that:
(1) define the financial responsibility of each
agency for paying for early intervention services
(consistent with existing State and federal law and
rules, including the requirement that early
intervention funds be used as the payor of last
resort), a hierarchical order of payment as among the
agencies for early intervention services that are
covered under or may be paid by programs in other
agencies, and procedures for direct billing,
collecting reimbursements for payments made, and
resolving service and payment disputes; and
(2) include all additional components necessary to
ensure meaningful cooperation and coordination.
Interagency agreements under this paragraph (e) must
be reviewed and revised to implement the purposes of this
amendatory Act of the 92nd General Assembly no later than
60 days after the effective date of this amendatory Act of
the 92nd General Assembly.
(f) The maintenance of an early intervention website.
Within 30 days after the effective date of this amendatory
Act of the 92nd General Assembly, the lead agency shall
post and keep posted on this website the following: (i) the
current annual report required under subdivision (b)(5) of
Section 4 of this Act, and the annual reports of the prior
3 years, (ii) the most recent Illinois application for

funds prepared under Section 637 of the Individuals with
Disabilities Education Act filed with the United States
Department of Education, (iii) proposed modifications of
the application prepared for public comment, (iv) notice of
Council meetings, Council agendas, and minutes of its
proceedings for at least the previous year, (v) proposed
and final early intervention rules, (vi) requests for
proposals, and (vii) all reports created for dissemination
to the public that are related to the early intervention
program, including reports prepared at the request of the
Council, and the General Assembly. Each such document shall
be posted on the website within 3 working days after the
document's completion.
(g) Before adopting any new policy or procedure
(including any revisions to an existing policy or
procedure) needed to comply with Part C of the Individuals
with Disabilities Education Act, the lead agency must hold
public hearings on the new policy or procedure, provide
notice of the hearings at least 30 days before the hearings
are conducted to enable public participation, and provide
an opportunity for the general public, including
individuals with disabilities and parents of infants and
toddlers with disabilities, early intervention providers,
and members of the Council to comment for at least 30 days
on the new policy or procedure needed to comply with Part C
of the Individuals with Disabilities Education Act and with

34 CFR Part 300 and Part 303.
(Source: P.A. 98-41, eff. 6-28-13; revised 11-12-13.)
Section 560. The Mental Health and Developmental
Disabilities Code is amended by changing Section 2-107.1 as
follows:
(405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
Sec. 2-107.1. Administration of psychotropic medication
and electroconvulsive therapy upon application to a court.
(a) (Blank).
(a-5) Notwithstanding the provisions of Section 2-107 of
this Code, psychotropic medication and electroconvulsive
therapy may be administered to an adult recipient of services
on an inpatient or outpatient basis without the informed
consent of the recipient under the following standards:
(1) Any person 18 years of age or older, including any
guardian, may petition the circuit court for an order
authorizing the administration of psychotropic medication
and electroconvulsive therapy to a recipient of services.
The petition shall state that the petitioner has made a
good faith attempt to determine whether the recipient has
executed a power of attorney for health care under the
Powers of Attorney for Health Care Law or a declaration for
mental health treatment under the Mental Health Treatment
Preference Declaration Act and to obtain copies of these

instruments if they exist. If either of the above-named
instruments is available to the petitioner, the instrument
or a copy of the instrument shall be attached to the
petition as an exhibit. The petitioner shall deliver a copy
of the petition, and notice of the time and place of the
hearing, to the respondent, his or her attorney, any known
agent or attorney-in-fact, if any, and the guardian, if
any, no later than 3 days prior to the date of the hearing.
Service of the petition and notice of the time and place of
the hearing may be made by transmitting them via facsimile
machine to the respondent or other party. Upon receipt of
the petition and notice, the party served, or the person
delivering the petition and notice to the party served,
shall acknowledge service. If the party sending the
petition and notice does not receive acknowledgement of
service within 24 hours, service must be made by personal
service.
The petition may include a request that the court
authorize such testing and procedures as may be essential
for the safe and effective administration of the
psychotropic medication or electroconvulsive therapy
sought to be administered, but only where the petition sets
forth the specific testing and procedures sought to be
administered.
If a hearing is requested to be held immediately
following the hearing on a petition for involuntary

admission, then the notice requirement shall be the same as
that for the hearing on the petition for involuntary
admission, and the petition filed pursuant to this Section
shall be filed with the petition for involuntary admission.
(2) The court shall hold a hearing within 7 days of the
filing of the petition. The People, the petitioner, or the
respondent shall be entitled to a continuance of up to 7
days as of right. An additional continuance of not more
than 7 days may be granted to any party (i) upon a showing
that the continuance is needed in order to adequately
prepare for or present evidence in a hearing under this
Section or (ii) under exceptional circumstances. The court
may grant an additional continuance not to exceed 21 days
when, in its discretion, the court determines that such a
continuance is necessary in order to provide the recipient
with an examination pursuant to Section 3-803 or 3-804 of
this Act, to provide the recipient with a trial by jury as
provided in Section 3-802 of this Act, or to arrange for
the substitution of counsel as provided for by the Illinois
Supreme Court Rules. The hearing shall be separate from a
judicial proceeding held to determine whether a person is
subject to involuntary admission but may be heard
immediately preceding or following such a judicial
proceeding and may be heard by the same trier of fact or
law as in that judicial proceeding.
(3) Unless otherwise provided herein, the procedures

set forth in Article VIII of Chapter III 3 of this Act,
including the provisions regarding appointment of counsel,
shall govern hearings held under this subsection (a-5).
(4) Psychotropic medication and electroconvulsive
therapy may be administered to the recipient if and only if
it has been determined by clear and convincing evidence
that all of the following factors are present. In
determining whether a person meets the criteria specified
in the following paragraphs (A) through (G), the court may
consider evidence of the person's history of serious
violence, repeated past pattern of specific behavior,
actions related to the person's illness, or past outcomes
of various treatment options.
(A) That the recipient has a serious mental illness
or developmental disability.
(B) That because of said mental illness or
developmental disability, the recipient currently
exhibits any one of the following: (i) deterioration of
his or her ability to function, as compared to the
recipient's ability to function prior to the current
onset of symptoms of the mental illness or disability
for which treatment is presently sought, (ii)
suffering, or (iii) threatening behavior.
(C) That the illness or disability has existed for
a period marked by the continuing presence of the
symptoms set forth in item (B) of this subdivision (4)

or the repeated episodic occurrence of these symptoms.
(D) That the benefits of the treatment outweigh the
harm.
(E) That the recipient lacks the capacity to make a
reasoned decision about the treatment.
(F) That other less restrictive services have been
explored and found inappropriate.
(G) If the petition seeks authorization for
testing and other procedures, that such testing and
procedures are essential for the safe and effective
administration of the treatment.
(5) In no event shall an order issued under this
Section be effective for more than 90 days. A second 90-day
period of involuntary treatment may be authorized pursuant
to a hearing that complies with the standards and
procedures of this subsection (a-5). Thereafter,
additional 180-day periods of involuntary treatment may be
authorized pursuant to the standards and procedures of this
Section without limit. If a new petition to authorize the
administration of psychotropic medication or
electroconvulsive therapy is filed at least 15 days prior
to the expiration of the prior order, and if any
continuance of the hearing is agreed to by the recipient,
the administration of the treatment may continue in
accordance with the prior order pending the completion of a
hearing under this Section.

(6) An order issued under this subsection (a-5) shall
designate the persons authorized to administer the
treatment under the standards and procedures of this
subsection (a-5). Those persons shall have complete
discretion not to administer any treatment authorized
under this Section. The order shall also specify the
medications and the anticipated range of dosages that have
been authorized and may include a list of any alternative
medications and range of dosages deemed necessary.
(a-10) The court may, in its discretion, appoint a guardian
ad litem for a recipient before the court or authorize an
existing guardian of the person to monitor treatment and
compliance with court orders under this Section.
(b) A guardian may be authorized to consent to the
administration of psychotropic medication or electroconvulsive
therapy to an objecting recipient only under the standards and
procedures of subsection (a-5).
(c) Notwithstanding any other provision of this Section, a
guardian may consent to the administration of psychotropic
medication or electroconvulsive therapy to a non-objecting
recipient under Article XIa of the Probate Act of 1975.
(d) Nothing in this Section shall prevent the
administration of psychotropic medication or electroconvulsive
therapy to recipients in an emergency under Section 2-107 of
this Act.
(e) Notwithstanding any of the provisions of this Section,

psychotropic medication or electroconvulsive therapy may be
administered pursuant to a power of attorney for health care
under the Powers of Attorney for Health Care Law or a
declaration for mental health treatment under the Mental Health
Treatment Preference Declaration Act.
(f) The Department shall conduct annual trainings for
physicians and registered nurses working in State-operated
mental health facilities on the appropriate use of psychotropic
medication and electroconvulsive therapy, standards for their
use, and the preparation of court petitions under this Section.
(Source: P.A. 97-375, eff. 8-15-11; revised 9-11-13.)
Section 565. The Developmental Disability and Mental
Disability Services Act is amended by changing Section 2-5 as
follows:
(405 ILCS 80/2-5) (from Ch. 91 1/2, par. 1802-5)
Sec. 2-5. The Department shall establish eligibility
standards for the Program, taking into consideration the
disability levels and service needs of the target population.
The Department shall create application forms which shall be
used to determine the eligibility of mentally disabled adults
to participate in the Program. The forms shall be made
available by the Department and shall require at least the
following items of information which constitute eligibility
criteria for participation in the Program:

(a) A statement that the mentally disabled adult
resides in the State of Illinois and is over the age of 18
years.
(b) Verification that the mentally disabled adult has
one of the following conditions: severe autism, severe
mental illness, a severe or profound intellectual
disability, or severe and multiple impairments.
(c) Verification that the mentally disabled adult has
applied and is eligible for federal Supplemental Security
Income or federal Social Security Disability Income
benefits.
(d) Verification that the mentally disabled adult
resides full-time in his or her own home or that, within 2
months of receipt of services under this Article, he or she
will reside full-time in his or her own home.
The Department may by rule adopt provisions establishing
liability of responsible relatives of a recipient of services
under this Article for the payment of sums representing charges
for services to such recipient. Such rules shall be
substantially similar to the provisions for such liability
contained in Chapter V 5 of the Mental Health and Developmental
Disabilities Code, as now or hereafter amended, and rules
adopted pursuant thereto.
(Source: P.A. 97-227, eff. 1-1-12; revised 9-11-13.)
Section 570. The Illinois Mental Health First Aid Training

Act is amended by changing Section 30 as follows:
(405 ILCS 105/30)
Sec. 30. Distribution of training grants. When awarding
training grants under this Act, the Department or other
appropriate State agency shall distribute training grants
equitably among the geographical regions of the State, paying
particular attention to the training needs of rural areas and
areas with underserved populations or professional shortages.
(Source: P.A. 98-195, eff. 8-7-13; revised 11-12-13.)
Section 575. The Mercury-added Product Prohibition Act is
amended by changing Section 25 as follows:
(410 ILCS 46/25)
Sec. 25. Sale, distribution, or promotional gifts of
mercury-added novelty products prohibited. On and after July
1, 2004, no mercury-added novelty products may be offered for
sale or distributed for promotional purposes in Illinois if the
offeror offerer or distributor knows or has reason to know that
the product contains mercury, unless the mercury is solely
within a button-cell battery or a fluorescent light bulb.
(Source: P.A. 93-165, eff. 1-1-04; revised 9-11-13.)
Section 580. The Newborn Metabolic Screening Act is amended
by changing Section 2 as follows:

(410 ILCS 240/2) (from Ch. 111 1/2, par. 4904)
Sec. 2. General provisions. The Department of Public Health
shall administer the provisions of this Act and shall:
(a) Institute and carry on an intensive educational program
among physicians, hospitals, public health nurses and the
public concerning disorders included in newborn screening.
This educational program shall include information about the
nature of the diseases and examinations for the detection of
the diseases in early infancy in order that measures may be
taken to prevent the disabilities resulting from the diseases.
(a-5) Require that all newborns be screened for the
presence of certain genetic, metabolic, and congenital
anomalies as determined by the Department, by rule.
(a-5.1) Require that all blood and biological specimens
collected pursuant to this Act or the rules adopted under this
Act be submitted for testing to the nearest Department
laboratory designated to perform such tests. The following
provisions shall apply concerning testing:
(1) The Department may develop a reasonable fee
structure and may levy fees according to such structure to
cover the cost of providing this testing service and for
the follow-up of infants with an abnormal screening test.
Fees collected from the provision of this testing service
shall be placed in the Metabolic Screening and Treatment
Fund. Other State and federal funds for expenses related to

metabolic screening, follow-up, and treatment programs may
also be placed in the Fund.
(2) Moneys shall be appropriated from the Fund to the
Department solely for the purposes of providing newborn
screening, follow-up, and treatment programs. Nothing in
this Act shall be construed to prohibit any licensed
medical facility from collecting additional specimens for
testing for metabolic or neonatal diseases or any other
diseases or conditions, as it deems fit. Any person
violating the provisions of this subsection (a-5.1) is
guilty of a petty offense.
(3) If the Department is unable to provide the
screening using the State Laboratory, it shall temporarily
provide such screening through an accredited laboratory
selected by the Department until the Department has the
capacity to provide screening through the State
Laboratory. If screening is provided on a temporary basis
through an accredited laboratory, the Department shall
substitute the fee charged by the accredited laboratory,
plus a 5% surcharge for documentation and handling, for the
fee authorized in this subsection (a-5.1).
(a-5.2) Maintain a registry of cases, including
information of importance for the purpose of follow-up services
to assess long-term outcomes.
(a-5.3) Supply the necessary metabolic treatment formulas
where practicable for diagnosed cases of amino acid metabolism

disorders, including phenylketonuria, organic acid disorders,
and fatty acid oxidation disorders for as long as medically
indicated, when the product is not available through other
State agencies.
(a-5.4) Arrange for or provide public health nursing,
nutrition, and social services and clinical consultation as
indicated.
(a-5.5) Utilize The Department shall utilize the Genetic
and Metabolic Diseases Advisory Committee established under
the Genetic and Metabolic Diseases Advisory Committee Act to
provide guidance and recommendations to the Department's
newborn screening program. The Genetic and Metabolic Diseases
Advisory Committee shall review the feasibility and
advisability of including additional metabolic, genetic, and
congenital disorders in the newborn screening panel, according
to a review protocol applied to each suggested addition to the
screening panel. The Department shall consider the
recommendations of the Genetic and Metabolic Diseases Advisory
Committee in determining whether to include an additional
disorder in the screening panel prior to proposing an
administrative rule concerning inclusion of an additional
disorder in the newborn screening panel. Notwithstanding any
other provision of law, no new screening may begin prior to the
occurrence of all the following:
(1) the establishment and verification of relevant and
appropriate performance specifications as defined under

the federal Clinical Laboratory Improvement Amendments and
regulations thereunder for U.S. Food and Drug
Administration-cleared or in-house developed methods,
performed under an institutional review board-approved
protocol, if required;
(2) the availability of quality assurance testing
methodology for the processes set forth in item (1) of this
subsection (a-5.5);
(3) the acquisition and installment by the Department
of the equipment necessary to implement the screening
tests;
(4) the establishment of precise threshold values
ensuring defined disorder identification for each
screening test;
(5) the authentication of pilot testing achieving each
milestone described in items (1) through (4) of this
subsection (a-5.5) for each disorder screening test; and
(6) the authentication of achieving the potential of
high throughput standards for statewide volume of each
disorder screening test concomitant with each milestone
described in items (1) through (4) of this subsection
(a-5.5).
(a-6) (Blank).
(a-7) (Blank).
(a-8) (Blank).
(b) (Blank).

(c) (Blank).
(d) (Blank).
(e) (Blank).
(Source: P.A. 97-227, eff. 1-1-12; 97-532, eff. 8-23-11;
97-813, eff. 7-13-12; 98-440, eff. 8-16-13; revised 11-15-13.)
Section 585. The Illinois Sexually Transmissible Disease
Control Act is amended by changing Section 5.5 as follows:
(410 ILCS 325/5.5) (from Ch. 111 1/2, par. 7405.5)
Sec. 5.5. Risk assessment.
(a) Whenever the Department receives a report of HIV
infection or AIDS pursuant to this Act and the Department
determines that the subject of the report may present or may
have presented a possible risk of HIV transmission, the
Department shall, when medically appropriate, investigate the
subject of the report and that person's contacts as defined in
subsection (c), to assess the potential risks of transmission.
Any investigation and action shall be conducted in a timely
fashion. All contacts other than those defined in subsection
(c) shall be investigated in accordance with Section 5 of this
Act.
(b) If the Department determines that there is or may have
been potential risks of HIV transmission from the subject of
the report to other persons, the Department shall afford the
subject the opportunity to submit any information and comment

on proposed actions the Department intends to take with respect
to the subject's contacts who are at potential risk of
transmission of HIV prior to notification of the subject's
contacts. The Department shall also afford the subject of the
report the opportunity to notify the subject's contacts in a
timely fashion who are at potential risk of transmission of HIV
prior to the Department taking any steps to notify such
contacts. If the subject declines to notify such contacts or if
the Department determines the notices to be inadequate or
incomplete, the Department shall endeavor to notify such other
persons of the potential risk, and offer testing and counseling
services to these individuals. When the contacts are notified,
they shall be informed of the disclosure provisions of the AIDS
Confidentiality Act and the penalties therein and this Section.
(c) Contacts investigated under this Section shall in the
case of HIV infection include (i) individuals who have
undergone invasive procedures performed by an HIV infected
health care provider and (ii) health care providers who have
performed invasive procedures for persons infected with HIV,
provided the Department has determined that there is or may
have been potential risk of HIV transmission from the health
care provider to those individuals or from infected persons to
health care providers. The Department shall have access to the
subject's records to review for the identity of contacts. The
subject's records shall not be copied or seized by the
Department.

For purposes of this subsection, the term "invasive
procedures" means those procedures termed invasive by the
Centers for Disease Control in current guidelines or
recommendations for the prevention of HIV transmission in
health care settings, and the term "health care provider" means
any physician, dentist, podiatric physician, advanced practice
nurse, physician assistant, nurse, or other person providing
health care services of any kind.
(d) All information and records held by the Department and
local health authorities pertaining to activities conducted
pursuant to this Section shall be strictly confidential and
exempt from copying and inspection under the Freedom of
Information Act. Such information and records shall not be
released or made public by the Department or local health
authorities, and shall not be admissible as evidence, nor
discoverable in any action of any kind in any court or before
any tribunal, board, agency or person and shall be treated in
the same manner as the information and those records subject to
the provisions of Part 21 of the Code of Civil Procedure except
under the following circumstances:
(1) When made with the written consent of all persons
to whom this information pertains;
(2) When authorized under Section 8 to be released
under court order or subpoena pursuant to Section 12-5.01
or 12-16.2 of the Criminal Code of 1961 or the Criminal
Code of 2012; or

(3) When made by the Department for the purpose of
seeking a warrant authorized by Sections 6 and 7 of this
Act. Such disclosure shall conform to the requirements of
subsection (a) of Section 8 of this Act.
(e) Any person who knowingly or maliciously disseminates
any information or report concerning the existence of any
disease under this Section is guilty of a Class A misdemeanor.
(Source: P.A. 97-1150, eff. 1-25-13; 98-214, eff. 8-9-13;
revised 9-19-13.)
Section 590. The Environmental Protection Act is amended by
changing Sections 3.330, 21, 22.2, and 58.16 as follows:
(415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
Sec. 3.330. Pollution control facility.
(a) "Pollution control facility" is any waste storage site,
sanitary landfill, waste disposal site, waste transfer
station, waste treatment facility, or waste incinerator. This
includes sewers, sewage treatment plants, and any other
facilities owned or operated by sanitary districts organized
under the Metropolitan Water Reclamation District Act.
The following are not pollution control facilities:
(1) (blank);
(2) waste storage sites regulated under 40 CFR, Part
761.42;
(3) sites or facilities used by any person conducting a

waste storage, waste treatment, waste disposal, waste
transfer or waste incineration operation, or a combination
thereof, for wastes generated by such person's own
activities, when such wastes are stored, treated, disposed
of, transferred or incinerated within the site or facility
owned, controlled or operated by such person, or when such
wastes are transported within or between sites or
facilities owned, controlled or operated by such person;
(4) sites or facilities at which the State is
performing removal or remedial action pursuant to Section
22.2 or 55.3;
(5) abandoned quarries used solely for the disposal of
concrete, earth materials, gravel, or aggregate debris
resulting from road construction activities conducted by a
unit of government or construction activities due to the
construction and installation of underground pipes, lines,
conduit or wires off of the premises of a public utility
company which are conducted by a public utility;
(6) sites or facilities used by any person to
specifically conduct a landscape composting operation;
(7) regional facilities as defined in the Central
Midwest Interstate Low-Level Radioactive Waste Compact;
(8) the portion of a site or facility where coal
combustion wastes are stored or disposed of in accordance
with subdivision (r)(2) or (r)(3) of Section 21;
(9) the portion of a site or facility used for the

collection, storage or processing of waste tires as defined
in Title XIV;
(10) the portion of a site or facility used for
treatment of petroleum contaminated materials by
application onto or incorporation into the soil surface and
any portion of that site or facility used for storage of
petroleum contaminated materials before treatment. Only
those categories of petroleum listed in Section 57.9(a)(3)
are exempt under this subdivision (10);
(11) the portion of a site or facility where used oil
is collected or stored prior to shipment to a recycling or
energy recovery facility, provided that the used oil is
generated by households or commercial establishments, and
the site or facility is a recycling center or a business
where oil or gasoline is sold at retail;
(11.5) processing sites or facilities that receive
only on-specification used oil, as defined in 35 Ill.
Admin. Code 739, originating from used oil collectors for
processing that is managed under 35 Ill. Admin. Code 739 to
produce products for sale to off-site petroleum
facilities, if these processing sites or facilities are:
(i) located within a home rule unit of local government
with a population of at least 30,000 according to the 2000
federal census, that home rule unit of local government has
been designated as an Urban Round II Empowerment Zone by
the United States Department of Housing and Urban

Development, and that home rule unit of local government
has enacted an ordinance approving the location of the site
or facility and provided funding for the site or facility;
and (ii) in compliance with all applicable zoning
requirements;
(12) the portion of a site or facility utilizing coal
combustion waste for stabilization and treatment of only
waste generated on that site or facility when used in
connection with response actions pursuant to the federal
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, the federal Resource Conservation
and Recovery Act of 1976, or the Illinois Environmental
Protection Act or as authorized by the Agency;
(13) the portion of a site or facility that (i) accepts
exclusively general construction or demolition debris,
(ii) is located in a county with a population over
3,000,000 as of January 1, 2000 or in a county that is
contiguous to such a county, and (iii) is operated and
located in accordance with Section 22.38 of this Act;
(14) the portion of a site or facility, located within
a unit of local government that has enacted local zoning
requirements, used to accept, separate, and process
uncontaminated broken concrete, with or without protruding
metal bars, provided that the uncontaminated broken
concrete and metal bars are not speculatively accumulated,
are at the site or facility no longer than one year after

their acceptance, and are returned to the economic
mainstream in the form of raw materials or products;
(15) the portion of a site or facility located in a
county with a population over 3,000,000 that has obtained
local siting approval under Section 39.2 of this Act for a
municipal waste incinerator on or before July 1, 2005 and
that is used for a non-hazardous waste transfer station;
(16) a site or facility that temporarily holds in
transit for 10 days or less, non-putrescible solid waste in
original containers, no larger in capacity than 500
gallons, provided that such waste is further transferred to
a recycling, disposal, treatment, or storage facility on a
non-contiguous site and provided such site or facility
complies with the applicable 10-day transfer requirements
of the federal Resource Conservation and Recovery Act of
1976 and United States Department of Transportation
hazardous material requirements. For purposes of this
Section only, "non-putrescible solid waste" means waste
other than municipal garbage that does not rot or become
putrid, including, but not limited to, paints, solvent,
filters, and absorbents;
(17) the portion of a site or facility located in a
county with a population greater than 3,000,000 that has
obtained local siting approval, under Section 39.2 of this
Act, for a municipal waste incinerator on or before July 1,
2005 and that is used for wood combustion facilities for

energy recovery that accept and burn only wood material, as
included in a fuel specification approved by the Agency;
(18) a transfer station used exclusively for landscape
waste, including a transfer station where landscape waste
is ground to reduce its volume, where the landscape waste
is held no longer than 24 hours from the time it was
received;
(19) the portion of a site or facility that (i) is used
for the composting of food scrap, livestock waste, crop
residue, uncontaminated wood waste, or paper waste,
including, but not limited to, corrugated paper or
cardboard, and (ii) meets all of the following
requirements:
(A) There must not be more than a total of 30,000
cubic yards of livestock waste in raw form or in the
process of being composted at the site or facility at
any one time.
(B) All food scrap, livestock waste, crop residue,
uncontaminated wood waste, and paper waste must, by the
end of each operating day, be processed and placed into
an enclosed vessel in which air flow and temperature
are controlled, or all of the following additional
requirements must be met:
(i) The portion of the site or facility used
for the composting operation must include a
setback of at least 200 feet from the nearest

potable water supply well.
(ii) The portion of the site or facility used
for the composting operation must be located
outside the boundary of the 10-year floodplain or
floodproofed.
(iii) Except in municipalities with more than
1,000,000 inhabitants, the portion of the site or
facility used for the composting operation must be
located at least one-eighth of a mile from the
nearest residence, other than a residence located
on the same property as the site or facility.
(iv) The portion of the site or facility used
for the composting operation must be located at
least one-eighth of a mile from the property line
of all of the following areas:
(I) Facilities that primarily serve to
house or treat people that are
immunocompromised or immunosuppressed, such as
cancer or AIDS patients; people with asthma,
cystic fibrosis, or bioaerosol allergies; or
children under the age of one year.
(II) Primary and secondary schools and
adjacent areas that the schools use for
recreation.
(III) Any facility for child care licensed
under Section 3 of the Child Care Act of 1969;

preschools; and adjacent areas that the
facilities or preschools use for recreation.
(v) By the end of each operating day, all food
scrap, livestock waste, crop residue,
uncontaminated wood waste, and paper waste must be
(i) processed into windrows or other piles and (ii)
covered in a manner that prevents scavenging by
birds and animals and that prevents other
nuisances.
(C) Food scrap, livestock waste, crop residue,
uncontaminated wood waste, paper waste, and compost
must not be placed within 5 feet of the water table.
(D) The site or facility must meet all of the
requirements of the Wild and Scenic Rivers Act (16
U.S.C. 1271 et seq.).
(E) The site or facility must not (i) restrict the
flow of a 100-year flood, (ii) result in washout of
food scrap, livestock waste, crop residue,
uncontaminated wood waste, or paper waste from a
100-year flood, or (iii) reduce the temporary water
storage capacity of the 100-year floodplain, unless
measures are undertaken to provide alternative storage
capacity, such as by providing lagoons, holding tanks,
or drainage around structures at the facility.
(F) The site or facility must not be located in any
area where it may pose a threat of harm or destruction

to the features for which:
(i) an irreplaceable historic or
archaeological site has been listed under the
National Historic Preservation Act (16 U.S.C. 470
et seq.) or the Illinois Historic Preservation
Act;
(ii) a natural landmark has been designated by
the National Park Service or the Illinois State
Historic Preservation Office; or
(iii) a natural area has been designated as a
Dedicated Illinois Nature Preserve under the
Illinois Natural Areas Preservation Act.
(G) The site or facility must not be located in an
area where it may jeopardize the continued existence of
any designated endangered species, result in the
destruction or adverse modification of the critical
habitat for such species, or cause or contribute to the
taking of any endangered or threatened species of
plant, fish, or wildlife listed under the Endangered
Species Act (16 U.S.C. 1531 et seq.) or the Illinois
Endangered Species Protection Act;
(20) the portion of a site or facility that is located
entirely within a home rule unit having a population of no
less than 120,000 and no more than 135,000, according to
the 2000 federal census, and that meets all of the
following requirements:

(i) the portion of the site or facility is used
exclusively to perform testing of a thermochemical
conversion technology using only woody biomass,
collected as landscape waste within the boundaries
of the home rule unit, as the hydrocarbon feedstock
for the production of synthetic gas in accordance
with Section 39.9 of this Act;
(ii) the portion of the site or facility is in
compliance with all applicable zoning
requirements; and
(iii) a complete application for a
demonstration permit at the portion of the site or
facility has been submitted to the Agency in
accordance with Section 39.9 of this Act within one
year after July 27, 2010 (the effective date of
Public Act 96-1314);
(21) the portion of a site or facility used to perform
limited testing of a gasification conversion technology in
accordance with Section 39.8 of this Act and for which a
complete permit application has been submitted to the
Agency prior to one year from April 9, 2010 (the effective
date of Public Act 96-887);
(22) the portion of a site or facility that is used to
incinerate only pharmaceuticals from residential sources
that are collected and transported by law enforcement
agencies under Section 17.9A of this Act; and

(23) until July 1, 2017, the portion of a site or
facility:
(A) that is used exclusively for the transfer of
commingled landscape waste and food scrap held at the
site or facility for no longer than 24 hours after
their receipt;
(B) that is located entirely within a home rule
unit having a population of either (i) not less than
100,000 and not more than 115,000 according to the 2010
federal census or (ii) not less than 5,000 and not more
than 10,000 according to the 2010 federal census;
(C) that is permitted, by the Agency, prior to
January 1, 2002, for the transfer of landscape waste;
and
(D) for which a permit application is submitted to
the Agency within 6 months after January 1, 2014 (the
effective date of Public Act 98-146) this amendatory
Act of the 98th General Assembly to modify an existing
permit for the transfer of landscape waste to also
include, on a demonstration basis not to exceed 18
months, the transfer of commingled landscape waste and
food scrap.
(b) A new pollution control facility is:
(1) a pollution control facility initially permitted
for development or construction after July 1, 1981; or
(2) the area of expansion beyond the boundary of a

currently permitted pollution control facility; or
(3) a permitted pollution control facility requesting
approval to store, dispose of, transfer or incinerate, for
the first time, any special or hazardous waste.
(Source: P.A. 97-333, eff. 8-12-11; 97-545, eff. 1-1-12;
98-146, eff. 1-1-14; 98-239, eff. 8-9-13; revised 9-19-13.)
(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, 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 the effective date of 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 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 a semiannual 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 sewage works or the disposal or utilization of
sludge from 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 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. 97-220, eff. 7-28-11; 98-239, eff. 8-9-13;
98-484, eff. 8-16-13; revised 9-19-13.)
(415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
Sec. 22.2. Hazardous waste; fees; liability.
(a) There are hereby created within the State Treasury 2
special funds to be known respectively as the "Hazardous Waste
Fund" and the "Hazardous Waste Research Fund", constituted from
the fees collected pursuant to this Section. In addition to the
fees collected under this Section, the Hazardous Waste Fund
shall include other moneys made available from any source for
deposit into the Fund.
(b)(1) On and after January 1, 1989, the Agency shall
collect from the owner or operator of each of the following
sites a fee in the amount of:
(A) 9 cents per gallon or $18.18 per cubic yard, if
the hazardous waste disposal site is located off the
site where such waste was produced. The maximum amount
payable under this subdivision (A) with respect to the
hazardous waste generated by a single generator and
deposited in monofills is $30,000 per year. If, as a
result of the use of multiple monofills, waste fees in
excess of the maximum are assessed with respect to a
single waste generator, the generator may apply to the

Agency for a credit.
(B) 9 cents or $18.18 per cubic yard, if the
hazardous waste disposal site is located on the site
where such waste was produced, provided however the
maximum amount of fees payable under this paragraph (B)
is $30,000 per year for each such hazardous waste
disposal site.
(C) If the hazardous waste disposal site is an
underground injection well, $6,000 per year if not more
than 10,000,000 gallons per year are injected, $15,000
per year if more than 10,000,000 gallons but not more
than 50,000,000 gallons per year are injected, and
$27,000 per year if more than 50,000,000 gallons per
year are injected.
(D) 3 cents per gallon or $6.06 per cubic yard of
hazardous waste received for treatment at a hazardous
waste treatment site, if the hazardous waste treatment
site is located off the site where such waste was
produced and if such hazardous waste treatment site is
owned, controlled and operated by a person other than
the generator of such waste. After treatment at such
hazardous waste treatment site, the waste shall not be
subject to any other fee imposed by this subsection
(b). For purposes of this subsection (b), the term
"treatment" is defined as in Section 3.505 but shall
not include recycling, reclamation or reuse.

(2) The General Assembly shall annually appropriate to
the Fund such amounts as it deems necessary to fulfill the
purposes of this Act.
(3) The Agency shall have the authority to accept,
receive, and administer on behalf of the State any moneys
made available to the State from any source for the
purposes of the Hazardous Waste Fund set forth in
subsection (d) of this Section.
(4) Of the amount collected as fees provided for in
this Section, the Agency shall manage the use of such funds
to assure that sufficient funds are available for match
towards federal expenditures for response action at sites
which are listed on the National Priorities List; provided,
however, that this shall not apply to additional monies
appropriated to the Fund by the General Assembly, nor shall
it apply in the event that the Director finds that revenues
in the Hazardous Waste Fund must be used to address
conditions which create or may create an immediate danger
to the environment or public health or to the welfare of
the people of the State of Illinois.
(5) Notwithstanding the other provisions of this
subsection (b), sludge from a publicly-owned sewage works
generated in Illinois, coal mining wastes and refuse
generated in Illinois, bottom boiler ash, flyash and flue
gas desulphurization sludge from public utility electric
generating facilities located in Illinois, and bottom

boiler ash and flyash from all incinerators which process
solely municipal waste shall not be subject to the fee.
(6) For the purposes of this subsection (b), "monofill"
means a facility, or a unit at a facility, that accepts
only wastes bearing the same USEPA hazardous waste
identification number, or compatible wastes as determined
by the Agency.
(c) The Agency shall establish procedures, not later than
January 1, 1984, relating to the collection of the fees
authorized by this Section. Such procedures shall include, but
not be limited to: (1) necessary records identifying the
quantities of hazardous waste received or disposed; (2) the
form and submission of reports to accompany the payment of fees
to the Agency; and (3) the time and manner of payment of fees
to the Agency, which payments shall be not more often than
quarterly.
(d) Beginning July 1, 1996, the Agency shall deposit all
such receipts in the State Treasury to the credit of the
Hazardous Waste Fund, except as provided in subsection (e) of
this Section. All monies in the Hazardous Waste Fund shall be
used by the Agency for the following purposes:
(1) Taking whatever preventive or corrective action is
necessary or appropriate, in circumstances certified by
the Director, including but not limited to removal or
remedial action whenever there is a release or substantial
threat of a release of a hazardous substance or pesticide;

provided, the Agency shall expend no more than $1,000,000
on any single incident without appropriation by the General
Assembly.
(2) To meet any requirements which must be met by the
State in order to obtain federal funds pursuant to the
Comprehensive Environmental Response, Compensation and
Liability Act of 1980, (P.L. 96-510).
(3) In an amount up to 30% of the amount collected as
fees provided for in this Section, for use by the Agency to
conduct groundwater protection activities, including
providing grants to appropriate units of local government
which are addressing protection of underground waters
pursuant to the provisions of this Act.
(4) To fund the development and implementation of the
model pesticide collection program under Section 19.1 of
the Illinois Pesticide Act.
(5) To the extent the Agency has received and deposited
monies in the Fund other than fees collected under
subsection (b) of this Section, to pay for the cost of
Agency employees for services provided in reviewing the
performance of response actions pursuant to Title XVII of
this Act.
(6) In an amount up to 15% of the fees collected
annually under subsection (b) of this Section, for use by
the Agency for administration of the provisions of this
Section.

(e) The Agency shall deposit 10% of all receipts collected
under subsection (b) of this Section, but not to exceed
$200,000 per year, in the State Treasury to the credit of the
Hazardous Waste Research Fund established by this Act. Pursuant
to appropriation, all monies in such Fund shall be used by the
University of Illinois for the purposes set forth in this
subsection.
The University of Illinois may enter into contracts with
business, industrial, university, governmental or other
qualified individuals or organizations to assist in the
research and development intended to recycle, reduce the volume
of, separate, detoxify or reduce the hazardous properties of
hazardous wastes in Illinois. Monies in the Fund may also be
used by the University of Illinois for technical studies,
monitoring activities, and educational and research activities
which are related to the protection of underground waters.
Monies in the Hazardous Waste Research Fund may be used to
administer the Illinois Health and Hazardous Substances
Registry Act. Monies in the Hazardous Waste Research Fund shall
not be used for any sanitary landfill or the acquisition or
construction of any facility. This does not preclude the
purchase of equipment for the purpose of public demonstration
projects. The University of Illinois shall adopt guidelines for
cost sharing, selecting, and administering projects under this
subsection.
(f) Notwithstanding any other provision or rule of law, and

subject only to the defenses set forth in subsection (j) of
this Section, the following persons shall be liable for all
costs of removal or remedial action incurred by the State of
Illinois or any unit of local government as a result of a
release or substantial threat of a release of a hazardous
substance or pesticide:
(1) the owner and operator of a facility or vessel from
which there is a release or substantial threat of release
of a hazardous substance or pesticide;
(2) any person who at the time of disposal, transport,
storage or treatment of a hazardous substance or pesticide
owned or operated the facility or vessel used for such
disposal, transport, treatment or storage from which there
was a release or substantial threat of a release of any
such hazardous substance or pesticide;
(3) any person who by contract, agreement, or otherwise
has arranged with another party or entity for transport,
storage, disposal or treatment of hazardous substances or
pesticides owned, controlled or possessed by such person at
a facility owned or operated by another party or entity
from which facility there is a release or substantial
threat of a release of such hazardous substances or
pesticides; and
(4) any person who accepts or accepted any hazardous
substances or pesticides for transport to disposal,
storage or treatment facilities or sites from which there

is a release or a substantial threat of a release of a
hazardous substance or pesticide.
Any monies received by the State of Illinois pursuant to
this subsection (f) shall be deposited in the State Treasury to
the credit of the Hazardous Waste Fund.
In accordance with the other provisions of this Section,
costs of removal or remedial action incurred by a unit of local
government may be recovered in an action before the Board
brought by the unit of local government under subsection (i) of
this Section. Any monies so recovered shall be paid to the unit
of local government.
(g)(1) No indemnification, hold harmless, or similar
agreement or conveyance shall be effective to transfer from
the owner or operator of any vessel or facility or from any
person who may be liable for a release or substantial
threat of a release under this Section, to any other person
the liability imposed under this Section. Nothing in this
Section shall bar any agreement to insure, hold harmless or
indemnify a party to such agreements for any liability
under this Section.
(2) Nothing in this Section, including the provisions
of paragraph (g)(1) of this Section, shall bar a cause of
action that an owner or operator or any other person
subject to liability under this Section, or a guarantor,
has or would have, by reason of subrogation or otherwise
against any person.

(h) For purposes of this Section:
(1) The term "facility" means:
(A) any building, structure, installation,
equipment, pipe or pipeline including but not limited
to any pipe into a sewer or publicly owned treatment
works, well, pit, pond, lagoon, impoundment, ditch,
landfill, storage container, motor vehicle, rolling
stock, or aircraft; or
(B) any site or area where a hazardous substance
has been deposited, stored, disposed of, placed, or
otherwise come to be located.
(2) The term "owner or operator" means:
(A) any person owning or operating a vessel or
facility;
(B) in the case of an abandoned facility, any
person owning or operating the abandoned facility or
any person who owned, operated, or otherwise
controlled activities at the abandoned facility
immediately prior to such abandonment;
(C) in the case of a land trust as defined in
Section 2 of the Land Trustee as Creditor Act, the
person owning the beneficial interest in the land
trust;
(D) in the case of a fiduciary (other than a land
trustee), the estate, trust estate, or other interest
in property held in a fiduciary capacity, and not the

fiduciary. For the purposes of this Section,
"fiduciary" means a trustee, executor, administrator,
guardian, receiver, conservator or other person
holding a facility or vessel in a fiduciary capacity;
(E) in the case of a "financial institution",
meaning the Illinois Housing Development Authority and
that term as defined in Section 2 of the Illinois
Banking Act, that has acquired ownership, operation,
management, or control of a vessel or facility through
foreclosure or under the terms of a security interest
held by the financial institution or under the terms of
an extension of credit made by the financial
institution, the financial institution only if the
financial institution takes possession of the vessel
or facility and the financial institution exercises
actual, direct, and continual or recurrent managerial
control in the operation of the vessel or facility that
causes a release or substantial threat of a release of
a hazardous substance or pesticide resulting in
removal or remedial action;
(F) In the case of an owner of residential
property, the owner if the owner is a person other than
an individual, or if the owner is an individual who
owns more than 10 dwelling units in Illinois, or if the
owner, or an agent, representative, contractor, or
employee of the owner, has caused, contributed to, or

allowed the release or threatened release of a
hazardous substance or pesticide. The term
"residential property" means single family residences
of one to 4 dwelling units, including accessory land,
buildings, or improvements incidental to those
dwellings that are exclusively used for the
residential use. For purposes of this subparagraph
(F), the term "individual" means a natural person, and
shall not include corporations, partnerships, trusts,
or other non-natural persons.
(G) In the case of any facility, title or control
of which was conveyed due to bankruptcy, foreclosure,
tax delinquency, abandonment, or similar means to a
unit of State or local government, any person who
owned, operated, or otherwise controlled activities at
the facility immediately beforehand.
(H) The term "owner or operator" does not include a
unit of State or local government which acquired
ownership or control through bankruptcy, tax
delinquency, abandonment, or other circumstances in
which the government acquires title by virtue of its
function as sovereign. The exclusion provided under
this paragraph shall not apply to any State or local
government which has caused or contributed to the
release or threatened release of a hazardous substance
from the facility, and such a State or local government

shall be subject to the provisions of this Act in the
same manner and to the same extent, both procedurally
and substantively, as any nongovernmental entity,
including liability under Section 22.2(f).
(i) The costs and damages provided for in this Section may
be imposed by the Board in an action brought before the Board
in accordance with Title VIII of this Act, except that Section
33(c) of this Act shall not apply to any such action.
(j)(1) There shall be no liability under this Section for a
person otherwise liable who can establish by a preponderance of
the evidence that the release or substantial threat of release
of a hazardous substance and the damages resulting therefrom
were caused solely by:
(A) an act of God;
(B) an act of war;
(C) an act or omission of a third party other than an
employee or agent of the defendant, or other than one whose
act or omission occurs in connection with a contractual
relationship, existing directly or indirectly, with the
defendant (except where the sole contractual arrangement
arises from a published tariff and acceptance for carriage
by a common carrier by rail), if the defendant establishes
by a preponderance of the evidence that (i) he exercised
due care with respect to the hazardous substance concerned,
taking into consideration the characteristics of such
hazardous substance, in light of all relevant facts and

circumstances, and (ii) he took precautions against
foreseeable acts or omissions of any such third party and
the consequences that could foreseeably result from such
acts or omissions; or
(D) any combination of the foregoing paragraphs.
(2) There shall be no liability under this Section for any
release permitted by State or federal law.
(3) There shall be no liability under this Section for
damages as a result of actions taken or omitted in the course
of rendering care, assistance, or advice in accordance with
this Section or the National Contingency Plan pursuant to the
Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (P.L. 96-510) or at the direction of an
on-scene coordinator appointed under such plan, with respect to
an incident creating a danger to public health or welfare or
the environment as a result of any release of a hazardous
substance or a substantial threat thereof. This subsection
shall not preclude liability for damages as the result of gross
negligence or intentional misconduct on the part of such
person. For the purposes of the preceding sentence, reckless,
willful, or wanton misconduct shall constitute gross
negligence.
(4) There shall be no liability under this Section for any
person (including, but not limited to, an owner of residential
property who applies a pesticide to the residential property or
who has another person apply a pesticide to the residential

property) for response costs or damages as the result of the
storage, handling and use, or recommendation for storage,
handling and use, of a pesticide consistent with:
(A) its directions for storage, handling and use as
stated in its label or labeling;
(B) its warnings and cautions as stated in its label or
labeling; and
(C) the uses for which it is registered under the
Federal Insecticide, Fungicide and Rodenticide Act and the
Illinois Pesticide Act.
(4.5) There shall be no liability under subdivision (f)(1)
of this Section for response costs or damages as the result of
a release of a pesticide from an agrichemical facility site if
the Agency has received notice from the Department of
Agriculture pursuant to Section 19.3 of the Illinois Pesticide
Act, the owner or operator of the agrichemical facility is
proceeding with a corrective action plan under the Agrichemical
Facility Response Action Program implemented under that
Section, and the Agency has provided a written endorsement of a
corrective action plan.
(4.6) There shall be no liability under subdivision (f)(1)
of this Section for response costs or damages as the result of
a substantial threat of a release of a pesticide from an
agrichemical facility site if the Agency has received notice
from the Department of Agriculture pursuant to Section 19.3 of
the Illinois Pesticide Act and the owner or operator of the

agrichemical facility is proceeding with a corrective action
plan under the Agrichemical Facility Response Action Program
implemented under that Section.
(5) Nothing in this subsection (j) shall affect or modify
in any way the obligations or liability of any person under any
other provision of this Act or State or federal law, including
common law, for damages, injury, or loss resulting from a
release or substantial threat of a release of any hazardous
substance or for removal or remedial action or the costs of
removal or remedial action of such hazardous substance.
(6)(A) The term "contractual relationship", for the
purpose of this subsection includes, but is not limited to,
land contracts, deeds or other instruments transferring title
or possession, unless the real property on which the facility
concerned is located was acquired by the defendant after the
disposal or placement of the hazardous substance on, in, or at
the facility, and one or more of the circumstances described in
clause (i), (ii), or (iii) of this paragraph is also
established by the defendant by a preponderance of the
evidence:
(i) At the time the defendant acquired the facility the
defendant did not know and had no reason to know that any
hazardous substance which is the subject of the release or
threatened release was disposed of on, in or at the
facility.
(ii) The defendant is a government entity which

acquired the facility by escheat, or through any other
involuntary transfer or acquisition, or through the
exercise of eminent domain authority by purchase or
condemnation.
(iii) The defendant acquired the facility by
inheritance or bequest.
In addition to establishing the foregoing, the defendant
must establish that he has satisfied the requirements of
subparagraph (C) of paragraph (l) of this subsection (j).
(B) To establish the defendant had no reason to know, as
provided in clause (i) of subparagraph (A) of this paragraph,
the defendant must have undertaken, at the time of acquisition,
all appropriate inquiry into the previous ownership and uses of
the property consistent with good commercial or customary
practice in an effort to minimize liability. For purposes of
the preceding sentence, the court shall take into account any
specialized knowledge or experience on the part of the
defendant, the relationship of the purchase price to the value
of the property if uncontaminated, commonly known or reasonably
ascertainable information about the property, the obviousness
of the presence or likely presence of contamination at the
property, and the ability to detect such contamination by
appropriate inspection.
(C) Nothing in this paragraph (6) or in subparagraph (C) of
paragraph (1) of this subsection shall diminish the liability
of any previous owner or operator of such facility who would

otherwise be liable under this Act. Notwithstanding this
paragraph (6), if the defendant obtained actual knowledge of
the release or threatened release of a hazardous substance at
such facility when the defendant owned the real property and
then subsequently transferred ownership of the property to
another person without disclosing such knowledge, such
defendant shall be treated as liable under subsection (f) of
this Section and no defense under subparagraph (C) of paragraph
(1) of this subsection shall be available to such defendant.
(D) Nothing in this paragraph (6) shall affect the
liability under this Act of a defendant who, by any act or
omission, caused or contributed to the release or threatened
release of a hazardous substance which is the subject of the
action relating to the facility.
(E)(i) Except as provided in clause (ii) of this
subparagraph (E), a defendant who has acquired real property
shall have established a rebuttable presumption against all
State claims and a conclusive presumption against all private
party claims that the defendant has made all appropriate
inquiry within the meaning of subdivision (6)(B) of this
subsection (j) if the defendant proves that immediately prior
to or at the time of the acquisition:
(I) the defendant obtained a Phase I Environmental
Audit of the real property that meets or exceeds the
requirements of this subparagraph (E), and the Phase I
Environmental Audit did not disclose the presence or likely

presence of a release or a substantial threat of a release
of a hazardous substance or pesticide at, on, to, or from
the real property; or
(II) the defendant obtained a Phase II Environmental
Audit of the real property that meets or exceeds the
requirements of this subparagraph (E), and the Phase II
Environmental Audit did not disclose the presence or likely
presence of a release or a substantial threat of a release
of a hazardous substance or pesticide at, on, to, or from
the real property.
(ii) No presumption shall be created under clause (i) of
this subparagraph (E), and a defendant shall be precluded from
demonstrating that the defendant has made all appropriate
inquiry within the meaning of subdivision (6)(B) of this
subsection (j), if:
(I) the defendant fails to obtain all Environmental
Audits required under this subparagraph (E) or any such
Environmental Audit fails to meet or exceed the
requirements of this subparagraph (E);
(II) a Phase I Environmental Audit discloses the
presence or likely presence of a release or a substantial
threat of a release of a hazardous substance or pesticide
at, on, to, or from real property, and the defendant fails
to obtain a Phase II Environmental Audit;
(III) a Phase II Environmental Audit discloses the
presence or likely presence of a release or a substantial

threat of a release of a hazardous substance or pesticide
at, on, to, or from the real property;
(IV) the defendant fails to maintain a written
compilation and explanatory summary report of the
information reviewed in the course of each Environmental
Audit under this subparagraph (E); or
(V) there is any evidence of fraud, material
concealment, or material misrepresentation by the
defendant of environmental conditions or of related
information discovered during the course of an
Environmental Audit.
(iii) For purposes of this subparagraph (E), the term
"environmental professional" means an individual (other than a
practicing attorney) who, through academic training,
occupational experience, and reputation (such as engineers,
industrial hygienists, or geologists) can objectively conduct
one or more aspects of an Environmental Audit and who either:
(I) maintains at the time of the Environmental Audit
and for at least one year thereafter at least $500,000 of
environmental consultants' professional liability
insurance coverage issued by an insurance company licensed
to do business in Illinois; or
(II) is an Illinois licensed professional engineer or a
Certified Industrial Hygienist certified by the American
Board of Industrial Hygiene.
An environmental professional may employ persons who are

not environmental professionals to assist in the preparation of
an Environmental Audit if such persons are under the direct
supervision and control of the environmental professional.
(iv) For purposes of this subparagraph (E), the term "real
property" means any interest in any parcel of land, and
includes, but is not limited to, buildings, fixtures, and
improvements.
(v) For purposes of this subparagraph (E), the term "Phase
I Environmental Audit" means an investigation of real property,
conducted by environmental professionals, to discover the
presence or likely presence of a release or a substantial
threat of a release of a hazardous substance or pesticide at,
on, to, or from real property, and whether a release or a
substantial threat of a release of a hazardous substance or
pesticide has occurred or may occur at, on, to, or from the
real property. Until such time as the United States
Environmental Protection Agency establishes standards for
making appropriate inquiry into the previous ownership and uses
of the facility pursuant to 42 U.S.C. Sec. 9601(35)(B)(ii), the
investigation shall comply with the procedures of the American
Society for Testing and Materials, including the document known
as Standard E1527-97, entitled "Standard Procedures for
Environmental Site Assessment: Phase 1 Environmental Site
Assessment Process". Upon their adoption, the standards
promulgated by USEPA pursuant to 42 U.S.C. Sec. 9601(35)(B)(ii)
shall govern the performance of Phase I Environmental Audits.

In addition to the above requirements, the Phase I
Environmental Audit shall include a review of recorded land
title records for the purpose of determining whether the real
property is subject to an environmental land use restriction
such as a No Further Remediation Letter, Environmental Land Use
Control, or Highway Authority Agreement.
(vi) For purposes of subparagraph (E), the term "Phase II
Environmental Audit" means an investigation of real property,
conducted by environmental professionals, subsequent to a
Phase I Environmental Audit. If the Phase I Environmental Audit
discloses the presence or likely presence of a hazardous
substance or a pesticide or a release or a substantial threat
of a release of a hazardous substance or pesticide:
(I) In or to soil, the defendant, as part of the Phase
II Environmental Audit, shall perform a series of soil
borings sufficient to determine whether there is a presence
or likely presence of a hazardous substance or pesticide
and whether there is or has been a release or a substantial
threat of a release of a hazardous substance or pesticide
at, on, to, or from the real property.
(II) In or to groundwater, the defendant, as part of
the Phase II Environmental Audit, shall: review
information regarding local geology, water well locations,
and locations of waters of the State as may be obtained
from State, federal, and local government records,
including but not limited to the United States Geological

Survey, the State Geological Survey of the University of
Illinois, and the State Water Survey of the University of
Illinois; and perform groundwater monitoring sufficient to
determine whether there is a presence or likely presence of
a hazardous substance or pesticide, and whether there is or
has been a release or a substantial threat of a release of
a hazardous substance or pesticide at, on, to, or from the
real property.
(III) On or to media other than soil or groundwater,
the defendant, as part of the Phase II Environmental Audit,
shall perform an investigation sufficient to determine
whether there is a presence or likely presence of a
hazardous substance or pesticide, and whether there is or
has been a release or a substantial threat of a release of
a hazardous substance or pesticide at, on, to, or from the
real property.
(vii) The findings of each Environmental Audit prepared
under this subparagraph (E) shall be set forth in a written
audit report. Each audit report shall contain an affirmation by
the defendant and by each environmental professional who
prepared the Environmental Audit that the facts stated in the
report are true and are made under a penalty of perjury as
defined in Section 32-2 of the Criminal Code of 2012. It is
perjury for any person to sign an audit report that contains a
false material statement that the person does not believe to be
true.

(viii) The Agency is not required to review, approve, or
certify the results of any Environmental Audit. The performance
of an Environmental Audit shall in no way entitle a defendant
to a presumption of Agency approval or certification of the
results of the Environmental Audit.
The presence or absence of a disclosure document prepared
under the Responsible Property Transfer Act of 1988 shall not
be a defense under this Act and shall not satisfy the
requirements of subdivision (6)(A) of this subsection (j).
(7) No person shall be liable under this Section for
response costs or damages as the result of a pesticide release
if the Agency has found that a pesticide release occurred based
on a Health Advisory issued by the U.S. Environmental
Protection Agency or an action level developed by the Agency,
unless the Agency notified the manufacturer of the pesticide
and provided an opportunity of not less than 30 days for the
manufacturer to comment on the technical and scientific
justification supporting the Health Advisory or action level.
(8) No person shall be liable under this Section for
response costs or damages as the result of a pesticide release
that occurs in the course of a farm pesticide collection
program operated under Section 19.1 of the Illinois Pesticide
Act, unless the release results from gross negligence or
intentional misconduct.
(k) If any person who is liable for a release or
substantial threat of release of a hazardous substance or

pesticide fails without sufficient cause to provide removal or
remedial action upon or in accordance with a notice and request
by the Agency or upon or in accordance with any order of the
Board or any court, such person may be liable to the State for
punitive damages in an amount at least equal to, and not more
than 3 times, the amount of any costs incurred by the State of
Illinois as a result of such failure to take such removal or
remedial action. The punitive damages imposed by the Board
shall be in addition to any costs recovered from such person
pursuant to this Section and in addition to any other penalty
or relief provided by this Act or any other law.
Any monies received by the State pursuant to this
subsection (k) shall be deposited in the Hazardous Waste Fund.
(l) Beginning January 1, 1988, and prior to January 1,
2013, the Agency shall annually collect a $250 fee for each
Special Waste Hauling Permit Application and, in addition,
shall collect a fee of $20 for each waste hauling vehicle
identified in the annual permit application and for each
vehicle which is added to the permit during the annual period.
Beginning January 1, 2013, the Agency shall issue 3-year
Special Waste Hauling Permits instead of annual Special Waste
Hauling Permits and shall collect a $750 fee for each Special
Waste Hauling Permit Application. In addition, beginning
January 1, 2013, the Agency shall collect a fee of $60 for each
waste hauling vehicle identified in the permit application and
for each vehicle that is added to the permit during the 3-year

period. The Agency shall deposit 85% of such fees collected
under this subsection in the State Treasury to the credit of
the Hazardous Waste Research Fund; and shall deposit the
remaining 15% of such fees collected in the State Treasury to
the credit of the Environmental Protection Permit and
Inspection Fund. The majority of such receipts which are
deposited in the Hazardous Waste Research Fund pursuant to this
subsection shall be used by the University of Illinois for
activities which relate to the protection of underground
waters.
(l-5) (Blank).
(m) (Blank).
(n) (Blank).
(Source: P.A. 97-220, eff. 7-28-11; 97-1081, eff. 8-24-12;
97-1150, eff. 1-25-13; 98-78, eff. 7-15-13; revised 9-19-13.)
(415 ILCS 5/58.16)
Sec. 58.16. Construction of school; requirements. This
Section applies only to counties with a population of more than
3,000,000. In this Section, "school" means any public school
located in whole or in part in a county with a population of
more than 3,000,000. No person shall commence construction on
real property of a building intended for use as a school
unless:
(1) a Phase I 1 Environmental Audit, conducted in
accordance with Section 22.2 of this Act, is obtained;

(2) if the Phase I 1 Environmental Audit discloses the
presence or likely presence of a release or a substantial
threat of a release of a regulated substance at, on, to, or
from the real property, a Phase II Environmental Audit,
conducted in accordance with Section 22.2 of this Act, is
obtained; and
(3) if the Phase II Environmental Audit discloses the
presence or likely presence of a release or a substantial
threat of a release of a regulated substance at, on, to, or
from the real property: , and (i) the real property is
enrolled in the Site Remediation Program, and (ii) the
remedial action plan is approved by the Agency, if a
remedial action plan is required by Board regulations.
No person shall cause or allow any person to occupy a
building intended to be used as a school for which a remedial
action plan is required by Board regulations unless all work
pursuant to the remedial action plan is completed.
(Source: P.A. 91-442, eff. 1-1-00; 92-16, eff. 6-28-01; 92-151,
eff. 7-24-01; revised 11-14-13.)
Section 595. The Illinois Pesticide Act is amended by
changing Section 4 as follows:
(415 ILCS 60/4) (from Ch. 5, par. 804)
Sec. 4. Definitions. As used in this Act:
1. "Director" means Director of the Illinois Department of

Agriculture or his authorized representative.
2. "Active Ingredient" means any ingredient which will
prevent, destroy, repel, control or mitigate a pest or which
will act as a plant regulator, defoliant or desiccant.
3. "Adulterated" shall apply to any pesticide if the
strength or purity is not within the standard of quality
expressed on the labeling under which it is sold, distributed
or used, including any substance which has been substituted
wholly or in part for the pesticide as specified on the
labeling under which it is sold, distributed or used, or if any
valuable constituent of the pesticide has been wholly or in
part abstracted.
4. "Agricultural Commodity" means produce of the land
including but not limited to plants and plant parts, livestock
and poultry and livestock or poultry products, seeds, sod,
shrubs and other products of agricultural origin including the
premises necessary to and used directly in agricultural
production. Agricultural commodity also includes aquatic
products as defined in the Aquaculture Development Act.
5. "Animal" means all vertebrate and invertebrate species
including, but not limited to, man and other mammals, bird,
fish, and shellfish.
6. "Beneficial Insects" means those insects which during
their life cycle are effective pollinators of plants, predators
of pests or are otherwise beneficial.
7. "Certified applicator".

A. "Certified applicator" means any individual who is
certified under this Act to purchase, use, or supervise the
use of pesticides which are classified for restricted use.
B. "Private applicator" means a certified applicator
who purchases, uses, or supervises the use of any pesticide
classified for restricted use, for the purpose of producing
any agricultural commodity on property owned, rented, or
otherwise controlled by him or his employer, or applied to
other property if done without compensation other than
trading of personal services between no more than 2
producers of agricultural commodities.
C. "Licensed Commercial Applicator" means a certified
applicator, whether or not he is a private applicator with
respect to some uses, who owns or manages a business that
is engaged in applying pesticides, whether classified for
general or restricted use, for hire. The term also applies
to a certified applicator who uses or supervises the use of
pesticides, whether classified for general or restricted
use, for any purpose or on property of others excluding
those specified by subparagraphs 7 (B), (D), (E) of Section
4 of this Act.
D. "Commercial Not For Hire Applicator" means a
certified applicator who uses or supervises the use of
pesticides classified for general or restricted use for any
purpose on property of an employer when such activity is a
requirement of the terms of employment and such application

of pesticides under this certification is limited to
property under the control of the employer only and
includes, but is not limited to, the use or supervision of
the use of pesticides in a greenhouse setting.
E. "Licensed Public Applicator" means a certified
applicator who uses or supervises the use of pesticides
classified for general or restricted use as an employee of
a state agency, municipality, or other duly constituted
governmental agency or unit.
8. "Defoliant" means any substance or combination of
substances which cause leaves or foliage to drop from a plant
with or without causing abscission.
9. "Desiccant" means any substance or combination of
substances intended for artificially accelerating the drying
of plant tissue.
10. "Device" means any instrument or contrivance, other
than a firearm or equipment for application of pesticides when
sold separately from pesticides, which is intended for
trapping, repelling, destroying, or mitigating any pest, other
than bacteria, virus, or other microorganisms on or living in
man or other living animals.
11. "Distribute" means offer or hold for sale, sell,
barter, ship, deliver for shipment, receive and then deliver,
or offer to deliver pesticides, within the State.
12. "Environment" includes water, air, land, and all plants
and animals including man, living therein and the

interrelationships which exist among these.
13. "Equipment" means any type of instruments and
contrivances using motorized, mechanical or pressure power
which is used to apply any pesticide, excluding pressurized
hand-size household apparatus containing dilute ready to apply
pesticide or used to apply household pesticides.
14. "FIFRA" means the "Federal Insecticide Fungicide
Rodenticide Act", as amended.
15. "Fungi" means any non-chlorophyll bearing
thallophytes, any non-chlorophyll bearing plant of a lower
order than mosses or liverworts, as for example rust, smut,
mildew, mold, yeast and bacteria, except those on or in living
animals including man and those on or in processed foods,
beverages or pharmaceuticals.
16. "Household Substance" means any pesticide customarily
produced and distributed for use by individuals in or about the
household.
17. "Imminent Hazard" means a situation which exists when
continued use of a pesticide would likely result in
unreasonable adverse effect on the environment or will involve
unreasonable hazard to the survival of a species declared
endangered by the U.S. Secretary of the Interior or to species
declared to be protected by the Illinois Department of Natural
Resources.
18. "Inert Ingredient" means an ingredient which is not an
active ingredient.

19. "Ingredient Statement" means a statement of the name
and percentage of each active ingredient together with the
total percentage of inert ingredients in a pesticide and for
pesticides containing arsenic in any form, the ingredient
statement shall include percentage of total and water soluble
arsenic, each calculated as elemental arsenic. In the case of
spray adjuvants the ingredient statement need contain only the
names of the functioning agents and the total percent of those
constituents ineffective as spray adjuvants.
20. "Insect" means any of the numerous small invertebrate
animals generally having the body more or less obviously
segmented for the most part belonging to the class Insects,
comprised of six-legged, usually winged forms, as for example
beetles, caterpillars, and flies. This definition encompasses
other allied classes of arthropods whose members are wingless
and usually have more than 6 legs as for example spiders,
mites, ticks, centipedes, and millipedes.
21. "Label" means the written, printed or graphic matter on
or attached to the pesticide or device or any of its containers
or wrappings.
22. "Labeling" means the label and all other written,
printed or graphic matter: (a) on the pesticide or device or
any of its containers or wrappings, (b) accompanying the
pesticide or device or referring to it in any other media used
to disseminate information to the public, (c) to which
reference is made to the pesticide or device except when

references are made to current official publications of the U.
S. Environmental Protection Agency, Departments of
Agriculture, Health, Education and Welfare or other Federal
Government institutions, the state experiment station or
colleges of agriculture or other similar state institution
authorized to conduct research in the field of pesticides.
23. "Land" means all land and water area including
airspace, and all plants, animals, structures, buildings,
contrivances, and machinery appurtenant thereto or situated
thereon, fixed or mobile, including any used for
transportation.
24. "Licensed Operator" means a person employed to apply
pesticides to the lands of others under the direction of a
"licensed commercial applicator" or a "licensed public
applicator" or a "licensed commercial not-for-hire
applicator".
25. "Nematode" means invertebrate animals of the phylum
nemathelminthes and class nematoda, also referred to as nemas
or eelworms, which are unsegmented roundworms with elongated
fusiform or sac-like bodies covered with cuticle and inhabiting
soil, water, plants or plant parts.
26. "Permit" means a written statement issued by the
Director or his authorized agent, authorizing certain acts of
pesticide purchase or of pesticide use or application on an a
interim basis prior to normal certification, registration, or
licensing.

27. "Person" means any individual, partnership,
association, fiduciary, corporation, or any organized group of
persons whether incorporated or not.
28. "Pest" means (a) any insect, rodent, nematode, fungus,
weed, or (b) any other form of terrestrial or aquatic plant or
animal life or virus, bacteria, or other microorganism,
excluding virus, bacteria, or other microorganism on or in
living animals including man, which the Director declares to be
a pest.
29. "Pesticide" means any substance or mixture of
substances intended for preventing, destroying, repelling, or
mitigating any pest or any substance or mixture of substances
intended for use as a plant regulator, defoliant or desiccant.
30. "Pesticide Dealer" means any person who distributes
registered pesticides to the user.
31. "Plant Regulator" means any substance or mixture of
substances intended through physiological action to affect the
rate of growth or maturation or otherwise alter the behavior of
ornamental or crop plants or the produce thereof. This does not
include substances which are not intended as plant nutrient
trace elements, nutritional chemicals, plant or seed
inoculants or soil conditioners or amendments.
32. "Protect Health and Environment" means to guard against
any unreasonable adverse effects on the environment.
33. "Registrant" means person who has registered any
pesticide pursuant to the provision of FIFRA and this Act.

34. "Restricted Use Pesticide" means any pesticide with one
or more of its uses classified as restricted by order of the
Administrator of USEPA.
35. "SLN Registration" means registration of a pesticide
for use under conditions of special local need as defined by
FIFRA.
36. "State Restricted Pesticide Use" means any pesticide
use which the Director determines, subsequent to public
hearing, that an additional restriction for that use is needed
to prevent unreasonable adverse effects.
37. "Structural Pest" means any pests which attack and
destroy buildings and other structures or which attack
clothing, stored food, commodities stored at food
manufacturing and processing facilities or manufactured and
processed goods.
38. "Unreasonable Adverse Effects on the Environment"
means the unreasonable risk to the environment, including man,
from the use of any pesticide, when taking into account accrued
benefits of as well as the economic, social, and environmental
costs of its use.
39. "USEPA" means United States Environmental Protection
Agency.
40. "Use inconsistent with the label" means to use a
pesticide in a manner not consistent with the label
instruction, the definition adopted in FIFRA as interpreted by
USEPA shall apply in Illinois.

41. "Weed" means any plant growing in a place where it is
not wanted.
42. "Wildlife" means all living things, not human,
domestic, or pests.
43. "Bulk pesticide" means any registered pesticide which
is transported or held in an individual container in undivided
quantities of greater than 55 U.S. gallons liquid measure or
100 pounds net dry weight.
44. "Bulk repackaging" means the transfer of a registered
pesticide from one bulk container (containing undivided
quantities of greater than 100 U.S. gallons liquid measure or
100 pounds net dry weight) to another bulk container
(containing undivided quantities of greater than 100 U.S.
gallons liquid measure or 100 pounds net dry weight) in an
unaltered state in preparation for sale or distribution to
another person.
45. "Business" means any individual, partnership,
corporation or association engaged in a business operation for
the purpose of selling or distributing pesticides or providing
the service of application of pesticides in this State.
46. "Facility" means any building or structure and all real
property contiguous thereto, including all equipment fixed
thereon used for the operation of the business.
47. "Chemigation" means the application of a pesticide
through the systems or equipment employed for the primary
purpose of irrigation of land and crops.

48. "Use" means any activity covered by the pesticide label
including but not limited to application of pesticide, mixing
and loading, storage of pesticides or pesticide containers,
disposal of pesticides and pesticide containers and reentry
into treated sites or areas.
(Source: P.A. 92-113, eff. 7-20-01; revised 11-14-13.)
Section 600. The Firearm Owners Identification Card Act is
amended by changing Section 8 as follows:
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
Sec. 8. Grounds for denial and revocation. The Department
of State Police has authority to deny an application for or to
revoke and seize a Firearm Owner's Identification Card
previously issued under this Act only if the Department finds
that the applicant or the person to whom such card was issued
is or was at the time of issuance:
(a) A person under 21 years of age who has been
convicted of a misdemeanor other than a traffic offense or
adjudged delinquent;
(b) A person under 21 years of age who does not have
the written consent of his parent or guardian to acquire
and possess firearms and firearm ammunition, or whose
parent or guardian has revoked such written consent, or
where such parent or guardian does not qualify to have a
Firearm Owner's Identification Card;

(c) A person convicted of a felony under the laws of
this or any other jurisdiction;
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental health
facility within the past 5 years or a person who has been a
patient in a mental health facility more than 5 years ago
who has not received the certification required under
subsection (u) of this Section. An active law enforcement
officer employed by a unit of government who is denied,
revoked, or has his or her Firearm Owner's Identification
Card seized under this subsection (e) may obtain relief as
described in subsection (c-5) of Section 10 of this Act if
the officer did not act in a manner threatening to the
officer, another person, or the public as determined by the
treating clinical psychologist or physician, and the
officer seeks mental health treatment;
(f) A person whose mental condition is of such a nature
that it poses a clear and present danger to the applicant,
any other person or persons or the community;
(g) A person who is intellectually disabled;
(h) A person who intentionally makes a false statement
in the Firearm Owner's Identification Card application;
(i) An alien who is unlawfully present in the United
States under the laws of the United States;
(i-5) An alien who has been admitted to the United
States under a non-immigrant visa (as that term is defined

in Section 101(a)(26) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(26))), except that this subsection
(i-5) does not apply to any alien who has been lawfully
admitted to the United States under a non-immigrant visa if
that alien is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign
government who is:
(A) accredited to the United States Government
or the Government's mission to an international
organization having its headquarters in the United
States; or
(B) en route to or from another country to
which that alien is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so
designated by the Department of State;
(4) a foreign law enforcement officer of a friendly
foreign government entering the United States on
official business; or
(5) one who has received a waiver from the Attorney
General of the United States pursuant to 18 U.S.C.
922(y)(3);
(j) (Blank);
(k) A person who has been convicted within the past 5

years of battery, assault, aggravated assault, violation
of an order of protection, or a substantially similar
offense in another jurisdiction, in which a firearm was
used or possessed;
(l) A person who has been convicted of domestic
battery, aggravated domestic battery, or a substantially
similar offense in another jurisdiction committed before,
on or after January 1, 2012 (the effective date of Public
Act 97-158). If the applicant or person who has been
previously issued a Firearm Owner's Identification Card
under this Act knowingly and intelligently waives the right
to have an offense described in this paragraph (l) tried by
a jury, and by guilty plea or otherwise, results in a
conviction for an offense in which a domestic relationship
is not a required element of the offense but in which a
determination of the applicability of 18 U.S.C. 922(g)(9)
is made under Section 112A-11.1 of the Code of Criminal
Procedure of 1963, an entry by the court of a judgment of
conviction for that offense shall be grounds for denying an
application for and for revoking and seizing a Firearm
Owner's Identification Card previously issued to the
person under this Act;
(m) (Blank);
(n) A person who is prohibited from acquiring or
possessing firearms or firearm ammunition by any Illinois
State statute or by federal law;

(o) A minor subject to a petition filed under Section
5-520 of the Juvenile Court Act of 1987 alleging that the
minor is a delinquent minor for the commission of an
offense that if committed by an adult would be a felony;
(p) An adult who had been adjudicated a delinquent
minor under the Juvenile Court Act of 1987 for the
commission of an offense that if committed by an adult
would be a felony;
(q) A person who is not a resident of the State of
Illinois, except as provided in subsection (a-10) of
Section 4;
(r) A person who has been adjudicated as a mentally
disabled person;
(s) A person who has been found to be developmentally
disabled;
(t) A person involuntarily admitted into a mental
health facility; or
(u) A person who has had his or her Firearm Owner's
Identification Card revoked or denied under subsection (e)
of this Section or item (iv) of paragraph (2) of subsection
(a) of Section 4 of this Act because he or she was a
patient in a mental health facility as provided in item (2)
of subsection (e) of this Section, shall not be permitted
to obtain a Firearm Owner's Identification Card, after the
5-year 5 year period has lapsed, unless he or she has
received a mental health evaluation by a physician,

clinical psychologist, or qualified examiner as those
terms are defined in the Mental Health and Developmental
Disabilities Code, and has received a certification that he
or she is not a clear and present danger to himself,
herself, or others. The physician, clinical psychologist,
or qualified examiner making the certification and his or
her employer shall not be held criminally, civilly, or
professionally liable for making or not making the
certification required under this subsection, except for
willful or wanton misconduct. This subsection does not
apply to a person whose firearm possession rights have been
restored through administrative or judicial action under
Section 10 or 11 of this Act. ; or
(v) Upon revocation of a person's Firearm Owner's
Identification Card, the Department of State Police shall
provide notice to the person and the person shall comply with
Section 9.5 of this Act.
(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13;
98-63, eff. 7-9-13; 98-508, eff. 8-19-13; revised 9-24-13.)
Section 605. The Firearm Concealed Carry Act is amended by
changing Sections 25, 35, 50, and 70 as follows:
(430 ILCS 66/25)
Sec. 25. Qualifications for a license.

The Department shall issue a license to an applicant
completing an application in accordance with Section 30 of this
Act if the person:
(1) is at least 21 years of age;
(2) has a currently valid Firearm Owner's
Identification Card and at the time of application meets
the requirements for the issuance of a Firearm Owner's
Identification Card and is not prohibited under the Firearm
Owners Identification Card Act or federal law from
possessing or receiving a firearm;
(3) has not been convicted or found guilty in this
State or in any other state of:
(A) a misdemeanor involving the use or threat of
physical force or violence to any person within the 5
years preceding the date of the license application; or
(B) 2 or more violations related to driving while
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof, within the 5 years preceding the date of the
license application; and
(4) is not the subject of a pending arrest warrant,
prosecution, or proceeding for an offense or action that
could lead to disqualification to own or possess a firearm;
(5) has not been in residential or court-ordered
treatment for alcoholism, alcohol detoxification, or drug
treatment within the 5 years immediately preceding the date

of the license application; and
(6) has completed firearms training and any education
component required under Section 75 of this Act.
(Source: P.A. 98-63, eff. 7-9-13; revised 11-12-13.)
(430 ILCS 66/35)
Sec. 35. Investigation of the applicant.
The Department shall conduct a background check of the
applicant to ensure compliance with the requirements of this
Act and all federal, State, and local laws. The background
check shall include a search of the following:
(1) the National Instant Criminal Background Check
System of the Federal Bureau of Investigation;
(2) all available state and local criminal history
record information files, including records of juvenile
adjudications;
(3) all available federal, state, and local records
regarding wanted persons;
(4) all available federal, state, and local records of
domestic violence restraining and protective orders;
(5) the files of the Department of Human Services
relating to mental health and developmental disabilities;
and
(6) all other available records of a federal, state, or
local agency or other public entity in any jurisdiction
likely to contain information relevant to whether the

applicant is prohibited from purchasing, possessing, or
carrying a firearm under federal, state, or local law.
(7) Fingerprints collected under Section 30 shall be
checked against the Department of State Police and Federal
Bureau of Investigation criminal history record databases now
and hereafter filed. The Department shall charge applicants a
fee for conducting the criminal history records check, which
shall be deposited in the State Police Services Fund and shall
not exceed the actual cost of the records check.
(Source: P.A. 98-63, eff. 7-9-13; revised 11-12-13.)
(430 ILCS 66/50)
Sec. 50. License renewal. Applications for renewal of a
license shall be made to the Department. A license shall be
renewed for a period of 5 years upon receipt of a completed
renewal application, completion of 3 hours of training required
under Section 75 of this Act Section, payment of the applicable
renewal fee, and completion of an investigation under Section
35 of this Act. The renewal application shall contain the
information required in Section 30 of this Act, except that the
applicant need not resubmit a full set of fingerprints.
(Source: P.A. 98-63, eff. 7-9-13; revised 11-12-13.)
(430 ILCS 66/70)
Sec. 70. Violations.
(a) A license issued or renewed under this Act shall be

revoked if, at any time, the licensee is found to be ineligible
for a license under this Act or the licensee no longer meets
the eligibility requirements of the Firearm Owners
Identification Card Act.
(b) A license shall be suspended if an order of protection,
including an emergency order of protection, plenary order of
protection, or interim order of protection under Article 112A
of the Code of Criminal Procedure of 1963 or under the Illinois
Domestic Violence Act of 1986, is issued against a licensee for
the duration of the order, or if the Department is made aware
of a similar order issued against the licensee in any other
jurisdiction. If an order of protection is issued against a
licensee, the licensee shall surrender the license, as
applicable, to the court at the time the order is entered or to
the law enforcement agency or entity serving process at the
time the licensee is served the order. The court, law
enforcement agency, or entity responsible for serving the order
of protection shall notify the Department within 7 days and
transmit the license to the Department.
(c) A license is invalid upon expiration of the license,
unless the licensee has submitted an application to renew the
license, and the applicant is otherwise eligible to possess a
license under this Act.
(d) A licensee shall not carry a concealed firearm while
under the influence of alcohol, other drug or drugs,
intoxicating compound or combination of compounds, or any

combination thereof, under the standards set forth in
subsection (a) of Section 11-501 of the Illinois Vehicle Code.
A licensee in violation of this subsection (d) shall be
guilty of a Class A misdemeanor for a first or second violation
and a Class 4 felony for a third violation. The Department may
suspend a license for up to 6 months for a second violation and
shall permanently revoke a license for a third violation.
(e) Except as otherwise provided, a licensee in violation
of this Act shall be guilty of a Class B misdemeanor. A second
or subsequent violation is a Class A misdemeanor. The
Department may suspend a license for up to 6 months for a
second violation and shall permanently revoke a license for 3
or more violations of Section 65 of this Act. Any person
convicted of a violation under this Section shall pay a $150
fee to be deposited into the Mental Health Reporting Fund, plus
any applicable court costs or fees.
(f) A licensee convicted or found guilty of a violation of
this Act who has a valid license and is otherwise eligible to
carry a concealed firearm shall only be subject to the
penalties under this Section and shall not be subject to the
penalties under Section 21-6, paragraph (4), (8), or (10) of
subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
of paragraph (3) of subsection (a) of Section 24-1.6 of the
Criminal Code of 2012. Except as otherwise provided in this
subsection, nothing in this subsection prohibits the licensee
from being subjected to penalties for violations other than

those specified in this Act.
(g) A licensee whose license is revoked, suspended, or
denied shall, within 48 hours of receiving notice of the
revocation, suspension, or denial, surrender his or her
concealed carry license to the local law enforcement agency
where the person resides. The local law enforcement agency
shall provide the licensee a receipt and transmit the concealed
carry license to the Department of State Police. If the
licensee whose concealed carry license has been revoked,
suspended, or denied fails to comply with the requirements of
this subsection, the law enforcement agency where the person
resides may petition the circuit court to issue a warrant to
search for and seize the concealed carry license in the
possession and under the custody or control of the licensee
whose concealed carry license has been revoked, suspended, or
denied. The observation of a concealed carry license in the
possession of a person whose license has been revoked,
suspended, or denied constitutes a sufficient basis for the
arrest of that person for violation of this subsection. A
violation of this subsection is a Class A misdemeanor.
(h) A license issued or renewed under this Act shall be
revoked if, at any time, the licensee is found ineligible for a
Firearm Owner's Identification Card, or the licensee no longer
possesses a valid Firearm Owner's Identification Card. A
licensee whose license is revoked under this subsection (h)
shall surrender his or her concealed carry license as provided

for in subsection (g) of this Section.
This subsection shall not apply to a person who has filed
an application with the State Police for renewal of a Firearm
Owner's Identification Card and who is not otherwise ineligible
to obtain a Firearm Owner's Identification Card.
(Source: P.A. 98-63, eff. 7-9-13; revised 11-12-13.)
Section 610. The Boiler and Pressure Vessel Safety Act is
amended by changing Section 5 as follows:
(430 ILCS 75/5) (from Ch. 111 1/2, par. 3206)
Sec. 5. Exemptions.
(a) This Act shall not apply to the following boilers and
pressure vessels:
(1) Boilers and pressure vessels under federal
regulations, except for boiler and pressure vessels in
nuclear facilities subject to Section 2a, and boilers and
pressure vessels located in cities of more than 500,000
inhabitants.
(2) Pressure vessels used for transportation and
storage of compressed or liquefied gases when constructed
in compliance with specifications of the Department of
Transportation and charged with gas or liquid, marked,
maintained, and periodically requalified for use, as
required by appropriate regulations of the Department of
Transportation.

(3) Pressure vessels located on vehicles operating
under the rules of other State authorities and used for
carrying passengers or freight.
(4) Pressure vessels installed on the right of way of
railroads and used directly in the operation of trains.
(5) Boilers and pressure vessels under the inspection
jurisdiction of the Department of Natural Resources and
located on mine property.
(6) Boilers and pressure vessels located on farms and
used solely for agricultural purposes.
(7) Steam boilers of a miniature model locomotive,
boat, tractor, or stationary engine constructed and
maintained as a hobby and not for commercial use, that have
an inside diameter not exceeding 12 inches and a grate area
not exceeding 1 1/2 square feet, provided they are
constantly attended while in operation and are equipped
with a water level indicator, pressure gauge, and a safety
valve of adequate capacity.
(8) Pressure vessels regulated and inspected under the
Illinois Fertilizer Act of 1961.
(9) Pressure vessels containing liquefied liquified
petroleum gas regulated under the Liquefied Liquified
Petroleum Gas Regulation Act.
(b) The following boilers and pressure vessels shall be
exempt from the requirements of Sections 10, 11, 12, and 13 of
this Act:

(1) Steam boilers used for heating purposes and
operated at a pressure not in excess of 15 pounds per
square inch gauge (psig) and having a rating not in excess
of 200,000 B.T.U. per hour input.
(2) Hot water heating boilers operated at a pressure
not in excess of 30 psig and having a rating not in excess
of 200,000 B.T.U. per hour.
(3) Boilers and pressure vessels, located in private
residences or in multi-family buildings having fewer than 6
dwelling units.
(4) Hot water supply boilers that are directly fired
with oil, gas, or electricity when none of the following
limitations are exceeded:
(A) Heat input of 200,000 BTU per hour.
(B) Water temperature of 200 degrees Fahrenheit.
(C) Nominal water containing capacity of 120 U.S.
gallons.
(5) Coil type hot water boilers where the water can
flash into steam when released directly to the atmosphere
through a manually operated nozzle provided the following
conditions are met:
(A) There is no drum, headers, or other steam
space.
(B) No steam is generated within the coil.
(C) Outside diameter of tubing does not exceed 1
inch.

(D) Pipe size does not exceed 3/4 inch NPS.
(E) Water capacity of unit does not exceed 6 U.S.
gallons.
(F) Water temperature does not exceed 350 degrees
Fahrenheit.
(6) Pressure vessels containing only water under
pressure for domestic supply purposes, including those
containing air, the compression of which serves only a
cushion or airlift pumping function.
(7) Pressure vessels operated at a pressure not
exceeding 15 psig with no limitation on size.
(8) Pressure vessels that do not exceed:
(A) Both a volume of 15 cubic feet and 250 psig
when not located in a place of public assembly.
(B) Both a volume of 5 cubic and 250 psig when
located in a place of public assembly.
(C) A volume of 1 1/2 cubic feet or an inside
diameter of 6 inches with no limitation on pressure.
(9) Water conditioning equipment used for the removal
of minerals, chemicals, or organic or inorganic particles
from water by means other than application of heat
including, without limitation, water softeners, water
filters, dealkalizers, and demineralizers.
(10) Steam boilers of railroad locomotives and
traction engines built prior to 1955 that were constructed
or operated in compliance with the Federal Locomotive

Inspection Law and are in the permanent collection of a
museum or historical association are exempt from the
requirements of subsection (c) of Section 10 upon proof of
such construction or inspection being furnished to the
Board.
(c) (Blank).
(Source: P.A. 94-748, eff. 5-8-06; revised 11-12-13.)
Section 615. The Carnival and Amusement Rides Safety Act is
amended by changing Sections 2-8.1, 2-12, and 2-15 as follows:
(430 ILCS 85/2-8.1)
Sec. 2-8.1. Suspension and revocation of permit to operate.
(a) The Department shall have the power to suspend or
revoke an owner's permit for any good cause under the meaning
and purpose of this Act. If a person whose permit has been
suspended or revoked, or whose application for a permit has
been denied, believes that the violation or condition
justifying suspension, revocation, or denial of the permit does
not exist, the person may apply to the Department for
reconsideration through a hearing within 10 working days after
the Department's action. A hearing shall be scheduled, unless
otherwise mutually agreed by the parties, within 48 hours after
the request for hearing.
(b) Service of notice of a hearing shall be made by
personal service or certified mail to the address shown on the

application for permit, or to any other address on file with
the Department and reasonably believed to be the current
address of the permit holder.
(c) The written notice of a hearing shall specify the time,
date, and location of the hearing and the reasons for the
action proposed by the Department.
(d) At the hearing, the Department shall have the burden of
establishing good cause for its action. Good cause exists if
the Department establishes that the permit holder has failed to
comply with the requirements of a permit under this Act and its
rules.
(e) All hearings held under this Section shall comply with
Article 10 of the Illinois Administrative Procedure Act and the
Department's rules of procedure in administrative hearings,
except that formal discovery, such as production requests,
interrogatories, requests to admit, and depositions shall not
be allowed. The parties shall exchange documents and witness
lists prior to hearing and may request third party subpoenas to
be issued.
(f) The final determination by the Department of Labor
shall be rendered within 5 working days after the conclusion of
the hearing.
(g) Final determinations made under this Section are
subject to the Administrative Review Law.
(Source: P.A. 98-541, eff. 8-23-13; revised 11-14-13.)

(430 ILCS 85/2-12) (from Ch. 111 1/2, par. 4062)
Sec. 2-12. Order for cessation of operation of amusement
ride or attraction.
(a) The Department of Labor may order, in writing, a
temporary and immediate cessation of operation of any amusement
ride or amusement attraction if it:
(1) has been determined after inspection to be
hazardous or unsafe;
(2) is in operation before the Director has issued a
permit to operate such equipment; or
(3) the owner or operator is not in compliance with the
insurance requirements contained in Section 2-14 of this
Act and any rules or regulations adopted hereunder.
(b) Operation of the amusement ride or amusement attraction
shall not resume until:
(1) the unsafe or hazardous condition is corrected to
the satisfaction of the Director or such inspector;
(2) the Director has issued a permit to operate such
equipment; or
(3) the owner or operator is in compliance with the
insurance requirements contained in Section 2-14 of this
Act and any rules or regulations adopted hereunder,
respectively.
(c) The Department shall notify the owner or operator in
writing of the grounds for the cessation of operation of the
amusement ride or attraction and of the conditions in need of

correction at the time the order for cessation is issued.
(d) The owner or operator may appeal an order of cessation
by filing a request for a hearing. The Department shall afford
the owner or operator 10 working days after the date of the
notice to request a hearing. Upon written request for hearing,
the Department shall schedule a formal administrative hearing
in compliance with Article 10 of the Illinois Administrative
Procedure Act and pursuant to the provisions of the
Department's rules of procedure in administrative hearings,
except that formal discovery, such as production requests,
interrogatories, requests to admit, and depositions will not be
allowed. The parties shall exchange documents and witness lists
prior to hearing and may request third party subpoenas to be
issued.
(e) The final determination by the Department of Labor
shall be rendered within 5 working days after the conclusion of
the hearing.
(f) The provisions of the Administrative Review Law shall
apply to and govern all proceedings for the judicial review of
a final determination under this Section.
(Source: P.A. 98-541, eff. 8-23-13; revised 11-15-13.)
(430 ILCS 85/2-15) (from Ch. 111 1/2, par. 4065)
Sec. 2-15. Penalties.
(a) Criminal penalties.
1. Any person who operates an amusement ride or

amusement attraction at a carnival or fair without having
obtained a permit from the Department or who violates any
order or rule issued by the Department under this Act is
guilty of a Class A misdemeanor. Each day shall constitute
a separate and distinct offense.
2. Any person who interferes with, impedes, or
obstructs in any manner the Director or any authorized
representative of the Department in the performance of
their duties under this Act is guilty of a Class A
misdemeanor.
(b) Civil penalties. Unless otherwise provided in this Act,
any person who operates an amusement ride or amusement
attraction without having obtained a permit from the Department
in violation of this Act is subject to a civil penalty not to
exceed $2,500 per violation for a first violation and not to
exceed $5,000 for a second or subsequent violation.
Prior to any determination, or the imposition of any civil
penalty, under this subsection (b), the Department shall notify
the operator in writing of the alleged violation. The
Department shall afford the operator 10 working days after the
date of the notice to request a hearing. Upon written request
of the operator, the Department shall schedule a formal
administrative hearing in compliance with Article 10 of the
Illinois Administrative Procedure Act and the Department's
rules of procedure in administrative hearings, except that
formal discovery, such as production requests,

interrogatories, requests to admit, and depositions shall not
be allowed. The parties shall exchange documents and witness
lists prior to hearing and may request third party subpoenas to
be issued. The final determination by the Department of Labor
shall be rendered within 5 working days after the conclusion of
the hearing. Final determinations made under this Section are
subject to the provisions of the Administrative Review Law. In
determining the amount of a penalty, the Director may consider
the appropriateness of the penalty to the person or entity
charged, upon determination of the gravity of the violation.
The penalties, when finally determined, may be recovered in a
civil action brought by the Director of Labor in any circuit
court. In this litigation, the Director of Labor shall be
represented by the Attorney General.
(Source: P.A. 98-541, eff. 8-23-13; revised 11-15-13.)
Section 620. The Agricultural Production Contract Code is
amended by changing Section 50 as follows:
(505 ILCS 17/50)
Sec. 50. Enforcement; offenses; remedies. The Attorney
General is primarily responsible for enforcing this Act.
A violation of Section 20, 25, 30, or 35 is a business
offense under the Unified Code of Corrections punishable by a
fine of not more than $10,000 per offense.
A producer may recover his or her actual damages for a

contractor's violation of Section 40 or 45 of this Act.
(Source: P.A. 93-522, eff. 1-1-05; 93-815, eff. 1-1-05; revised
11-14-13.)
Section 625. The Illinois AgriFIRST Program Act of 2001 is
amended by changing Section 5 as follows:
(505 ILCS 19/5)
Sec. 5. Definitions. In this Act:
"Agribusiness" means any sole proprietorship, limited
partnership, co-partnership, joint venture, corporation, or
cooperative that operates or will operate a facility located
within the State of Illinois that is related to the processing
of agricultural commodities (including, but not limited to, the
products of aquaculture, hydroponics, and silviculture) or the
manufacturing, production, or construction of agricultural
buildings, structures, equipment, implements, and supplies, or
any other facilities or processes used in agricultural
production. "Agribusiness" includes but is not limited to the
following:
(1) grain handling and processing, including grain
storage, drying, treatment, conditioning, milling, and
packaging;
(2) seed and feed grain development and processing;
(3) fruit and vegetable processing, including
preparation, canning, and packaging;

(4) processing of livestock and livestock products,
dairy products, poultry and poultry products, fish or
apiarian products, including slaughter, shearing,
collecting, preparation, canning, and packaging;
(5) fertilizer and agricultural chemical
manufacturing, processing, application and supplying;
(6) farm machinery, equipment, and implement
manufacturing and supplying;
(7) manufacturing and supplying of agricultural
commodity processing machinery and equipment, including
machinery and equipment used in slaughter, treatment,
handling, collecting, preparation, canning, or packaging
of agricultural commodities;
(8) farm building and farm structure manufacturing,
construction, and supplying;
(9) construction, manufacturing, implementation,
supplying, or servicing of irrigation, drainage, and soil
and water conservation devices or equipment;
(10) fuel processing and development facilities that
produce fuel from agricultural commodities or by-products;
(11) facilities and equipment for processing and
packaging agricultural commodities specifically for
export;
(12) facilities and equipment for forestry product
processing and supplying, including sawmilling operations,
wood chip operations, timber harvesting operations, and

manufacturing of prefabricated buildings, paper,
furniture, or other goods from forestry products; and
(13) facilities and equipment for research and
development of products, processes, and equipment for the
production, processing, preparation, or packaging of
agricultural commodities and by-products.
"Agricultural facility" means land, any building or other
improvement on or to land, and any personal properties deemed
necessary or suitable for use, whether or not now in existence,
in farming, ranching, the production of agricultural
commodities (including, but not limited to, the products of
aquaculture, hydroponics, and silviculture) or the treating,
processing, or storing of agricultural commodities.
"Agricultural land" means land suitable for agriculture
production.
"Asset" includes, but is not limited to, the following:
cash crops or feed on hand; livestock held for sale; breeding
stock; marketable bonds and securities; securities not readily
marketable; accounts receivable; notes receivable; cash
invested in growing crops; net cash value of life insurance;
machinery and equipment; cars and trucks; farm and other real
estate including life estates and personal residence; value of
beneficial interest in trusts; government payments or grants;
and any other assets.
"Department" means the Department of Agriculture.
"Director" means the Director of Agriculture.

"Fund" means the Illinois AgriFIRST Program Fund.
"Grantee" means the person or entity to whom a grant is
made to from the Fund.
"Lender" means any federal or State chartered bank, federal
land bank, production credit association, bank for
cooperatives, federal or state chartered savings and loan
association or building and loan association, small business
investment company, or any other institution qualified within
this State to originate and service loans, including, but not
limited to, insurance companies, credit unions, and mortgage
loan companies. "Lender" includes a wholly owned subsidiary of
a manufacturer, seller or distributor of goods or services that
makes loans to businesses or individuals, commonly known as a
"captive finance company".
"Liability" includes, but is not limited to, the following:
accounts payable; notes or other indebtedness owed to any
source; taxes; rent; amounts owed on real estate contracts or
real estate mortgages; judgments; accrued interest payable;
and any other liability.
"Person" means, unless limited to a natural person by the
context in which it is used, a person, corporation,
association, trust, partnership, limited partnership, joint
venture, or cooperative.
"State" means the State of Illinois.
"Value-added" means the processing, packaging, or
otherwise enhancing the value of farm and agricultural products

or by-products produced in Illinois.
(Source: P.A. 92-346, eff. 8-14-01; revised 9-24-13.)
Section 630. The Illinois Fertilizer Act of 1961 is amended
by changing Sections 3, 4, 6, and 12 as follows:
(505 ILCS 80/3) (from Ch. 5, par. 55.3)
Sec. 3. Definitions of words and terms. When used in this
Act unless the context otherwise requires:
"AAPFCO" means the Association of American Plant Food
Control Officials.
"Adulterated" shall apply to any fertilizer:
(i) that contains any deleterious or harmful
substance, defined under the provisions of this Act or its
rules or regulations, in sufficient amount to render it
injurious to beneficial plant life, animals, humans,
aquatic life, soil, or water when applied in accordance
with directions for use on the label;
(ii) when its composition falls below or differs from
that which it is purported to possess by its labeling;
(iii) that contains unwanted crop seed or weed seed.
"Anhydrous ammonia" means the compound formed by the
combination of 2 gaseous elements, nitrogen and hydrogen, in
the proportion of one part of nitrogen to 3 parts of hydrogen
(NH3) by volume. Anhydrous ammonia is a fertilizer of ammonia
gas in compressed and liquified form. It is not aqueous ammonia

which is a solution of ammonia gas in water and which is
considered a low-pressure nitrogen solution.
"Blender" means any entity or system engaged in the
business of blending fertilizer. This includes both mobile and
fixed equipment, excluding application equipment, used to
achieve this function.
"Blending" means the physical mixing or combining of: one
or more fertilizer materials and one or more filler materials;
2 or more fertilizer materials; 2 or more fertilizer materials
and filler materials, including mixing through the
simultaneous or sequential application of any of the outlined
combinations listed in this definition, to produce a uniform
mixture.
"Brand" means a term, design, or trademark used in
connection with one or several grades of fertilizers.
"Bulk" means any fertilizer distributed in a single
container greater than 100 pounds.
"Consumer or end user" means the final purchaser prior to
application.
"Custom blend" means a fertilizer blended according to
specifications provided to a blender in a soil test nutrient
recommendation or to meet the specific consumer request prior
to blending.
"Custom blender" means any entity who produces and sells
custom blended fertilizers.
"Deficiency" means the amount of nutrient found by analysis

less than that guaranteed that may result from a lack of
nutrient ingredients or from lack of uniformity.
"Department" means the Illinois Department of Agriculture.
"Department rules or regulations" means any rule or
regulation implemented by the Department as authorized under
Section 14 of this Act.
"Director" means the Director of Agriculture or a duly
authorized representative.
"Distribute" means to import, consign, manufacture,
produce, store, transport, custom blend, compound, or blend
fertilizer or to transfer from one container to another for the
purpose of selling, giving away, bartering, or otherwise
supplying fertilizer in this State.
"Distributor" means any entity that who distributes
fertilizer.
"Entity" means any individual, partnership, association,
firm, or corporation.
"Fertilizer" means any substance containing one or more of
the recognized plant nutrient nitrogen, phosphate, potash, or
those defined under 8 Ill. Adm. Code 210.20 that is used for
its plant nutrient content and that is designed for use or
claimed to have value in promoting plant growth, except
unmanipulated animal and vegetable manures, sea solids, marl,
lime, limestone, wood ashes, and other products exempted by
regulation by the Director.
"Fertilizer material" means a fertilizer that either:

(A) contains important quantities of no more than one
of the primary plant nutrients: nitrogen (N), phosphate
(P2O5), and potash (K2O);
(B) has 85% or more of its plant nutrient content
present in the form of a single chemical compound; or
(C) is derived from a plant or animal residue or
by-product or natural material deposit that has been
processed in such a way that its content of plant nutrients
has not been materially changed except by purification and
concentration.
"Grade" means the minimum percentage of total nitrogen,
available phosphate (P2O5), and soluble potash (K2O) stated in
the whole numbers in the same terms, order, and percentages as
in the guaranteed analysis, provided that specialty
fertilizers may be guaranteed in fractional units of less than
1% of total nitrogen, available phosphate, and soluble potash
and that fertilizer materials, bone meal, manures, and similar
materials may be guaranteed in fractional units.
"Guaranteed analysis" means the minimum percentages of
plant nutrients claimed in the following order and form:
A. Total Nitrogen (N)...............................%
Available Phosphate (P2O5).......................%
Soluble Potash (K2O).............................%
B. For unacidulated mineral phosphatic materials and
basic slag, both total and available phosphate and the
degree of fineness. For bone, tankage, and other organic

phosphatic materials, total phosphate.
C. Guarantees for plant nutrients other than nitrogen,
phosphate, and potash may be permitted or required by
regulation by the Director. The guarantees for such other
nutrients shall be expressed in the form of the element.
"Investigational allowance" means an allowance for
variations inherent in the taking, preparation, and analysis of
an official sample of fertilizer.
"Label" means the display of all written, printed, or
graphic matter upon the immediate container or a statement
accompanying a fertilizer.
"Labeling" means all (i) written, printed, or graphic
matter upon or accompanying any fertilizer or (ii)
advertisements, Internet, brochures, posters, and television
and radio announcements used in promoting the sale of
fertilizer.
"Lot" means an identifiable quantity of fertilizer that can
be sampled according to AOAC International procedures, such as
the amount contained in a single vehicle, the amount delivered
under a single invoice, or in the case of bagged fertilizer,
not more than 25 tons.
"Low-pressure nitrogen solution" means a solution
containing 2 per cent or more by weight of free ammonia and/or
having vapor pressure of 5 pounds or more per square inch gauge
at 104 degrees Fahrenheit 104° F.
"Misbranded" shall apply to any fertilizer:

(i) with labeling that is false or misleading in any
particular;
(ii) that is distributed under the name of another
fertilizer product;
(iii) that is not labeled as required by this Act or
its rules; or
(iv) that which purports to be or is represented as a
fertilizer, or is represented as containing a plant
nutrient or fertilizer unless such plant nutrient or
fertilizer conforms to the definition of identity, if any,
prescribed by regulation.
"Mixed fertilizer" means any combination or mixture of
fertilizer materials designed for use or claimed to have value
in promoting plant growth.
"NREC" means the Nutrient Research and Education Council.
"Official sample" means any sample of fertilizer taken by
the Director or his or her agent and designated as official by
the Director.
"Per cent" or "percentage" means the percentage by weight.
"Registrant" means the entity that who registers
fertilizer and obtains a license under the provisions of this
Act.
"Specialty fertilizer" means a fertilizer distributed
primarily for nonfarm use, such as home gardens, lawns,
shrubbery, flowers, golf courses, municipal parks, cemeteries,
green houses and nurseries, and may include fertilizer used for

research or experimental purposes.
"Ton" means a net weight of 2,000 pounds avoirdupois.
"Unit" means 20 pounds or 1% of a ton of plant nutrient.
(Source: P.A. 97-960, eff. 8-15-12; revised 11-18-13.)
(505 ILCS 80/4) (from Ch. 5, par. 55.4)
Sec. 4. License and product registration.
(a) Each brand and grade of fertilizer shall be registered
by the entity whose name appears upon the label before being
distributed in this State. The application for registration
shall be submitted with a label or facsimile of same to the
Director on forms furnished by the Director, and shall be
accompanied by a fee of $20 per grade within a brand. Upon
approval by the Director a copy of the registration shall be
furnished to the applicant. All registrations expire on
December 31 of each year.
The application shall include the following information:
(1) The net weight
(2) The brand and grade
(3) The guaranteed analysis
(4) The name and address of the registrant.
(a-5) No entity whose name appears on the label shall
distribute a fertilizer in the State unless the entity has
secured a license under this Act on forms provided by the
Director. The license application shall be accompanied by a fee
of $100. Entities that who store anhydrous ammonia as a

fertilizer, store bulk fertilizer, or custom blend a fertilizer
at more than one site under the same entity's name shall list
any and all additional sites with a complete address for each
site and remit a license fee of $50 for each site identified.
Entities performing lawn care applications for hire are exempt
from obtaining a license under this Act. All licenses expire on
December 31 of each year.
(b) A distributor shall not be required to register any
brand of fertilizer or a custom blend which is already
registered under this Act by another entity.
(c) The plant nutrient content of each and every fertilizer
must remain uniform for the period of registration and, in no
case, shall the percentage of any guaranteed plant nutrient
element be changed in such a manner that the crop-producing
quality of the fertilizer is lowered.
(d) (Blank).
(e) A custom blend, as defined in Section 3, prepared for
one consumer or end user shall not be co-mingled with the
custom blended fertilizer prepared for another consumer or end
user.
(f) All fees collected pursuant to this Section shall be
paid to the Fertilizer Control Fund for activities related to
the administration and enforcement of this Act.
(Source: P.A. 97-960, eff. 8-15-12; revised 11-18-13.)
(505 ILCS 80/6) (from Ch. 5, par. 55.6)

Sec. 6. Inspection fees.
(a) There shall be paid to the Director for all fertilizers
distributed in this State an inspection fee at the rate of 25¢
per ton with a minimum inspection fee of $15. Sales or
exchanges between registrants are hereby exempted from the
inspection fee.
On individual packages of fertilizers containing 5 pounds
or less, or if in liquid form containers of 4,000 cubic
centimeters or less, there shall be paid instead of the 25¢ per
ton inspection fee, an annual inspection fee of $50 for each
grade within a brand sold or distributed. Where an entity sells
fertilizers in packages of 5 pounds or less, or 4,000 cubic
centimeters or less if in liquid form, and also sells in larger
packages than 5 pounds or liquid containers larger than 4,000
cubic centimeters, this annual inspection fee of $50 applies
only to that portion sold in packages of 5 pounds or less or
4,000 cubic centimeters or less, and that portion sold in
larger packages or containers shall be subject to the same
inspection fee of 25¢ per ton as provided in this Act.
(b) Every entity that who distributes a fertilizer, custom
blend, or speciality fertilizer in this State shall file with
the Director, on forms furnished by the Director, a semi-annual
statement for the periods ending June 30 and December 31,
setting forth the number of net tons of each grade of
fertilizers within a brand or the net tons of custom blend
distributed. The report shall be due on or before the 30th day

of the month following the close of each semi-annual period and
upon the statement shall pay the inspection fee at the rate
stated in paragraph (a) of this Section.
If the tonnage report is not filed and the payment of
inspection fee is not made within 30 days after the end of the
semi-annual period, a collection fee amounting to 15% (minimum
$15) of the amount shall be assessed against the registrant.
The amount of fees due shall constitute a debt and become the
basis of a judgment against the registrant. Upon the written
request to the Director additional time may be granted past the
normal date of filing the semi-annual statement.
(c) When more than one entity is involved in the
distribution of a fertilizer, the last registrant who
distributes to the consumer or end user end-user is responsible
for reporting the tonnage and paying the inspection fee.
(d) All fees collected under this Section shall be paid to
the Fertilizer Control Fund for activities related to the
administration and enforcement of this Act.
(Source: P.A. 97-960, eff. 8-15-12; revised 11-18-13.)
(505 ILCS 80/12) (from Ch. 5, par. 55.12)
Sec. 12. Tonnage reports; records.
(a) Any entity distributing fertilizer to a consumer or end
user end-user in this State shall provide the Director with a
summary report on or before the 10th day of each month covering
the shipments made during the preceding month of tonnage on a

form, provided by the Director, for that purpose.
Specialty fertilizer sold in packages weighing 5 pounds or
less or in container of 4000 cubic centimeters or less, shall
be reported but no inspection fee will be charged. No
information furnished under this Section shall be disclosed by
the Department in such a way as to divulge the operation of any
entity.
(b) Each entity location engaged in the sale of ammonium
nitrate shall obtain the following information upon its
distribution:
(1) the date of distribution;
(2) the quantity purchased;
(3) the license number of the purchaser's valid State
or federal driver's license, or an equivalent number taken
from another form of picture identification approved for
purchaser identification by the Director; and
(4) the purchaser's name, current physical address,
and telephone number.
Any retailer of ammonium nitrate may refuse to sell
ammonium nitrate to any person attempting to purchase ammonium
nitrate (i) out of season, (ii) in unusual quantities, or (iii)
under suspect purchase patterns.
(c) Records created under subsection (b) of this Section
shall be maintained for a minimum of 2 years. Such records
shall be available for inspection, copying, and audit by the
Department as provided under this Act.

(Source: P.A. 97-960, eff. 8-15-12; revised 11-18-13.)
Section 635. The Animal Control Act is amended by changing
Section 2 as follows:
(510 ILCS 5/2) (from Ch. 8, par. 352)
Sec. 2. As used in this Act, unless the context otherwise
requires, the terms specified in the Sections following this
Section and preceding Section 3 Sections 2.01 through 2.19 have
the meanings ascribed to them in those Sections.
(Source: P.A. 78-795; revised 11-18-13.)
Section 640. The Bees and Apiaries Act is amended by
changing Section 2-1 as follows:
(510 ILCS 20/2-1)
Sec. 2-1. Nuisances. All bees, colonies, or items of bee
equipment, where bee diseases, bee parasites or exotic strains
of bees exist; or hives that cannot be readily inspected; or
colonies that are not registered, are declared to be nuisances
to be regulated as prescribed by the Department.
If the Department finds by inspection that any person is
maintaining a nuisance as described in this Section, it shall
proceed to regulate the nuisance by methods or procedures
deemed necessary for control in accordance with rules and
regulations of the Department.

If the owner or beekeeper cannot be found or will not
consent to the terms for regulation of the nuisance, the
Department shall notify in writing the owner or beekeeper,
disclose the fact that a nuisance exists, exits and prescribe
the method by which the nuisance may be abated. The notice
declaring that a nuisance exists and ordering its abatement
shall include:
(1) a statement of conditions constituting the
nuisance;
(2) establishment of the time period within which the
nuisance is to be abated;
(3) directions, written or printed, pointing out the
methods that shall be employed to abate the nuisance;
(4) a statement of the consequences should the owner or
beekeeper fail to comply.
The notice may be served personally or by certified mail
with a return receipt requested. The directions for abatement
of a nuisance may consist of a printed circular, bulletin or
report of the Department, the United States Department of
Agriculture or others, or an extract from such document.
If the person so notified refuses or fails to abate the
nuisance in the manner and in the time prescribed in the
notice, the Department may cause the nuisance to be abated. The
Department shall certify, to the owner or beekeeper, the cost
of the abatement. The owner or beekeeper shall pay to the
Department any costs of that action, within 60 days after

certification that the nuisance has been abated. If the costs
of abatement are not remitted, the Department may recover the
costs before any court in the State having competent
jurisdiction.
(Source: P.A. 88-138; revised 11-19-13.)
Section 645. The Wildlife Code is amended by changing
Sections 1.2 and 2.33 as follows:
(520 ILCS 5/1.2) (from Ch. 61, par. 1.2)
Sec. 1.2. This Act shall be administered by and under the
direction of the Department of Natural Resources. As used in
this Act, unless the context otherwise requires, the terms
specified in the Sections following this Section and preceding
Section 1.3 Sections 1.2a through 1.2t have the meanings
ascribed to them in those Sections.
(Source: P.A. 89-445, eff. 2-7-96; revised 11-19-13.)
(520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
Sec. 2.33. Prohibitions.
(a) It is unlawful to carry or possess any gun in any State
refuge unless otherwise permitted by administrative rule.
(b) It is unlawful to use or possess any snare or
snare-like device, deadfall, net, or pit trap to take any
species, except that snares not powered by springs or other
mechanical devices may be used to trap fur-bearing mammals, in

water sets only, if at least one-half of the snare noose is
located underwater at all times.
(c) It is unlawful for any person at any time to take a
wild mammal protected by this Act from its den by means of any
mechanical device, spade, or digging device or to use smoke or
other gases to dislodge or remove such mammal except as
provided in Section 2.37.
(d) It is unlawful to use a ferret or any other small
mammal which is used in the same or similar manner for which
ferrets are used for the purpose of frightening or driving any
mammals from their dens or hiding places.
(e) (Blank).
(f) It is unlawful to use spears, gigs, hooks or any like
device to take any species protected by this Act.
(g) It is unlawful to use poisons, chemicals or explosives
for the purpose of taking any species protected by this Act.
(h) It is unlawful to hunt adjacent to or near any peat,
grass, brush or other inflammable substance when it is burning.
(i) It is unlawful to take, pursue or intentionally harass
or disturb in any manner any wild birds or mammals by use or
aid of any vehicle or conveyance, except as permitted by the
Code of Federal Regulations for the taking of waterfowl. It is
also unlawful to use the lights of any vehicle or conveyance or
any light from or any light connected to the vehicle or
conveyance in any area where wildlife may be found except in
accordance with Section 2.37 of this Act; however, nothing in

this Section shall prohibit the normal use of headlamps for the
purpose of driving upon a roadway. Striped skunk, opossum, red
fox, gray fox, raccoon and coyote may be taken during the open
season by use of a small light which is worn on the body or
hand-held by a person on foot and not in any vehicle.
(j) It is unlawful to use any shotgun larger than 10 gauge
while taking or attempting to take any of the species protected
by this Act.
(k) It is unlawful to use or possess in the field any
shotgun shell loaded with a shot size larger than lead BB or
steel T (.20 diameter) when taking or attempting to take any
species of wild game mammals (excluding white-tailed deer),
wild game birds, migratory waterfowl or migratory game birds
protected by this Act, except white-tailed deer as provided for
in Section 2.26 and other species as provided for by subsection
(l) or administrative rule.
(l) It is unlawful to take any species of wild game, except
white-tailed deer and fur-bearing mammals, with a shotgun
loaded with slugs unless otherwise provided for by
administrative rule.
(m) It is unlawful to use any shotgun capable of holding
more than 3 shells in the magazine or chamber combined, except
on game breeding and hunting preserve areas licensed under
Section 3.27 and except as permitted by the Code of Federal
Regulations for the taking of waterfowl. If the shotgun is
capable of holding more than 3 shells, it shall, while being

used on an area other than a game breeding and shooting
preserve area licensed pursuant to Section 3.27, be fitted with
a one piece plug that is irremovable without dismantling the
shotgun or otherwise altered to render it incapable of holding
more than 3 shells in the magazine and chamber, combined.
(n) It is unlawful for any person, except persons who
possess a permit to hunt from a vehicle as provided in this
Section and persons otherwise permitted by law, to have or
carry any gun in or on any vehicle, conveyance or aircraft,
unless such gun is unloaded and enclosed in a case, except that
at field trials authorized by Section 2.34 of this Act,
unloaded guns or guns loaded with blank cartridges only, may be
carried on horseback while not contained in a case, or to have
or carry any bow or arrow device in or on any vehicle unless
such bow or arrow device is unstrung or enclosed in a case, or
otherwise made inoperable.
(o) It is unlawful to use any crossbow for the purpose of
taking any wild birds or mammals, except as provided for in
Section 2.5.
(p) It is unlawful to take game birds, migratory game birds
or migratory waterfowl with a rifle, pistol, revolver or
airgun.
(q) It is unlawful to fire a rifle, pistol, revolver or
airgun on, over or into any waters of this State, including
frozen waters.
(r) It is unlawful to discharge any gun or bow and arrow

device along, upon, across, or from any public right-of-way or
highway in this State.
(s) It is unlawful to use a silencer or other device to
muffle or mute the sound of the explosion or report resulting
from the firing of any gun.
(t) It is unlawful for any person to take or attempt to
take any species of wildlife or parts thereof, intentionally or
wantonly allow a dog to hunt, within or upon the land of
another, or upon waters flowing over or standing on the land of
another, or to knowingly shoot a gun or bow and arrow device at
any wildlife physically on or flying over the property of
another without first obtaining permission from the owner or
the owner's designee. For the purposes of this Section, the
owner's designee means anyone who the owner designates in a
written authorization and the authorization must contain (i)
the legal or common description of property for such authority
is given, (ii) the extent that the owner's designee is
authorized to make decisions regarding who is allowed to take
or attempt to take any species of wildlife or parts thereof,
and (iii) the owner's notarized signature. Before enforcing
this Section the law enforcement officer must have received
notice from the owner or the owner's designee of a violation of
this Section. Statements made to the law enforcement officer
regarding this notice shall not be rendered inadmissible by the
hearsay rule when offered for the purpose of showing the
required notice.

(u) It is unlawful for any person to discharge any firearm
for the purpose of taking any of the species protected by this
Act, or hunt with gun or dog, or intentionally or wantonly
allow a dog to hunt, within 300 yards of an inhabited dwelling
without first obtaining permission from the owner or tenant,
except that while trapping, hunting with bow and arrow, hunting
with dog and shotgun using shot shells only, or hunting with
shotgun using shot shells only, or on licensed game breeding
and hunting preserve areas, as defined in Section 3.27, on
property operated under a Migratory Waterfowl Hunting Area
Permit, on federally owned and managed lands and on Department
owned, managed, leased or controlled lands, a 100 yard
restriction shall apply.
(v) It is unlawful for any person to remove fur-bearing
mammals from, or to move or disturb in any manner, the traps
owned by another person without written authorization of the
owner to do so.
(w) It is unlawful for any owner of a dog to knowingly or
wantonly allow his or her dog to pursue, harass or kill deer,
except that nothing in this Section shall prohibit the tracking
of wounded deer with a dog in accordance with the provisions of
Section 2.26 of this Code.
(x) It is unlawful for any person to wantonly or carelessly
injure or destroy, in any manner whatsoever, any real or
personal property on the land of another while engaged in
hunting or trapping thereon.

(y) It is unlawful to hunt wild game protected by this Act
between one half hour after sunset and one half hour before
sunrise, except that hunting hours between one half hour after
sunset and one half hour before sunrise may be established by
administrative rule for fur-bearing mammals.
(z) It is unlawful to take any game bird (excluding wild
turkeys and crippled pheasants not capable of normal flight and
otherwise irretrievable) protected by this Act when not flying.
Nothing in this Section shall prohibit a person from carrying
an uncased, unloaded shotgun in a boat, while in pursuit of a
crippled migratory waterfowl that is incapable of normal
flight, for the purpose of attempting to reduce the migratory
waterfowl to possession, provided that the attempt is made
immediately upon downing the migratory waterfowl and is done
within 400 yards of the blind from which the migratory
waterfowl was downed. This exception shall apply only to
migratory game birds that are not capable of normal flight.
Migratory waterfowl that are crippled may be taken only with a
shotgun as regulated by subsection (j) of this Section using
shotgun shells as regulated in subsection (k) of this Section.
(aa) It is unlawful to use or possess any device that may
be used for tree climbing or cutting, while hunting fur-bearing
mammals, excluding coyotes.
(bb) It is unlawful for any person, except licensed game
breeders, pursuant to Section 2.29 to import, carry into, or
possess alive in this State any species of wildlife taken

outside of this State, without obtaining permission to do so
from the Director.
(cc) It is unlawful for any person to have in his or her
possession any freshly killed species protected by this Act
during the season closed for taking.
(dd) It is unlawful to take any species protected by this
Act and retain it alive except as provided by administrative
rule.
(ee) It is unlawful to possess any rifle while in the field
during gun deer season except as provided in Section 2.26 and
administrative rules.
(ff) It is unlawful for any person to take any species
protected by this Act, except migratory waterfowl, during the
gun deer hunting season in those counties open to gun deer
hunting, unless he or she wears, when in the field, a cap and
upper outer garment of a solid blaze orange color, with such
articles of clothing displaying a minimum of 400 square inches
of blaze orange material.
(gg) It is unlawful during the upland game season for any
person to take upland game with a firearm unless he or she
wears, while in the field, a cap of solid blaze orange color.
For purposes of this Act, upland game is defined as Bobwhite
Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
Cottontail and Swamp Rabbit.
(hh) It shall be unlawful to kill or cripple any species
protected by this Act for which there is a bag limit without

making a reasonable effort to retrieve such species and include
such in the bag limit. It shall be unlawful for any person
having control over harvested game mammals, game birds, or
migratory game birds for which there is a bag limit to wantonly
waste or destroy the usable meat of the game, except this shall
not apply to wildlife taken under Sections 2.37 or 3.22 of this
Code. For purposes of this subsection, "usable meat" means the
breast meat of a game bird or migratory game bird and the hind
ham and front shoulders of a game mammal. It shall be unlawful
for any person to place, leave, dump, or abandon a wildlife
carcass or parts of it along or upon a public right-of-way or
highway or on public or private property, including a waterway
or stream, without the permission of the owner or tenant. It
shall not be unlawful to discard game meat that is determined
to be unfit for human consumption.
(ii) This Section shall apply only to those species
protected by this Act taken within the State. Any species or
any parts thereof, legally taken in and transported from other
states or countries, may be possessed within the State, except
as provided in this Section and Sections 2.35, 2.36 and 3.21.
(jj) (Blank).
(kk) Nothing contained in this Section shall prohibit the
Director from issuing permits to paraplegics or to other
disabled persons who meet the requirements set forth in
administrative rule to shoot or hunt from a vehicle as provided
by that rule, provided that such is otherwise in accord with

this Act.
(ll) Nothing contained in this Act shall prohibit the
taking of aquatic life protected by the Fish and Aquatic Life
Code or birds and mammals protected by this Act, except deer
and fur-bearing mammals, from a boat not camouflaged or
disguised to alter its identity or to further provide a place
of concealment and not propelled by sail or mechanical power.
However, only shotguns not larger than 10 gauge nor smaller
than .410 bore loaded with not more than 3 shells of a shot
size no larger than lead BB or steel T (.20 diameter) may be
used to take species protected by this Act.
(mm) Nothing contained in this Act shall prohibit the use
of a shotgun, not larger than 10 gauge nor smaller than a 20
gauge, with a rifled barrel.
(nn) It shall be unlawful to possess any species of
wildlife or wildlife parts taken unlawfully in Illinois, any
other state, or any other country, whether or not the wildlife
or wildlife parts is indigenous to Illinois. For the purposes
of this subsection, the statute of limitations for unlawful
possession of wildlife or wildlife parts shall not cease until
2 years after the possession has permanently ended.
(Source: P.A. 97-645, eff. 12-30-11; 97-907, eff. 8-7-12;
98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, eff. 1-1-14;
98-290, eff. 8-9-13; revised 9-24-13.)
Section 650. The Open Space Lands Acquisition and

Development Act is amended by changing Section 3 as follows:
(525 ILCS 35/3) (from Ch. 85, par. 2103)
Sec. 3. From appropriations made from the Capital
Development Fund, Build Illinois Bond Fund or other available
or designated funds for such purposes, the Department shall
make grants to local governments as financial assistance for
the capital development and improvement of park, recreation or
conservation areas, marinas and shorelines, including planning
and engineering costs, and for the acquisition of open space
lands, including acquisition of easements and other property
interests less than fee simple ownership if the Department
determines that such property interests are sufficient to carry
out the purposes of this Act, subject to the conditions and
limitations set forth in this Act.
No more than 10% of the amount so appropriated for any
fiscal year may be committed or expended on any one project
described in an application under this Act.
Any grant under this Act to a local government shall be
conditioned upon the state providing assistance on a 50/50
matching basis for the acquisition of open space lands and for
capital development and improvement proposals. However, a
local government defined as "distressed" under criteria
adopted by the Department through administrative rule shall be
eligible for assistance up to 90% for the acquisition of open
space lands and for capital development and improvement

proposals, provided that no more than 10% of the amount
appropriated under this Act in any fiscal year is made
available as grants to distressed local governments.
A minimum of 50% of any grant made to a unit of local
government under this Act must be paid to the unit of local
government at the time the Department awards the grant. The
remainder of the grant shall be distributed to the local
government quarterly on a reimbursement basis.
(Source: P.A. 98-326, eff. 8-12-13; 98-520, eff. 8-23-13;
revised 9-19-13.)
Section 655. The Illinois Highway Code is amended by
renumbering Section 223 as follows:
(605 ILCS 5/4-223)
Sec. 4-223 223. Electric vehicle charging stations. By
January 1, 2016 or as soon thereafter as possible, the
Department may provide for at least one electric vehicle
charging station at each Interstate highway rest area where
electrical service will reasonably permit and if these stations
and charging user fees at these stations are allowed by federal
regulations.
The Department may adopt and publish specifications
detailing the kind and type of electric vehicle charging
station to be provided and may adopt rules governing the place
of erection, user fees, and maintenance of electric vehicle

charging stations.
(Source: P.A. 98-442, eff. 1-1-14; revised 9-17-13.)
Section 660. The Illinois Aeronautics Act is amended by
changing Section 43d as follows:
(620 ILCS 5/43d) (from Ch. 15 1/2, par. 22.43d)
Sec. 43d. Intoxicated persons in or about aircraft.
(a) No person shall:
(1) Operate or attempt to operate any aircraft in this
State while under the influence of intoxicating liquor or
any narcotic drug or other controlled substance.
(2) Knowingly permit any individual who is under the
influence of intoxicating liquor or any narcotic drug or
other controlled substance to operate any aircraft owned by
the person or in his custody or control.
(3) Perform any act in connection with the maintenance
or operation of any aircraft when under the influence of
intoxicating liquor or any narcotic drug or other
controlled substance, except medication prescribed by a
physician which will not render the person incapable of
performing his duties safely.
(4) (i) Consume alcoholic liquor within 8 hours prior
to operating or acting as a crew member of any aircraft
within this State.
(ii) Act as a crew member of any aircraft within

this State while under the influence of alcohol or when
the alcohol concentration in the person's blood or
breath is 0.04 or more based on the definition of blood
and breath units contained in Section 11-501.2 of the
Illinois Vehicle Code.
(iii) Operate any aircraft within this State when
the alcohol concentration in the person's blood or
breath is 0.04 or more based on the definition of blood
and breath units contained in Section 11-501.2 of the
Illinois Vehicle Code.
(iv) Operate or act as a crew member of any
aircraft within this State when there is any amount of
a drug, substance, or compound in the person's blood or
urine resulting from the unlawful use or consumption of
cannabis as listed in the Cannabis Control Act or a
controlled substance as listed in the Illinois
Controlled Substances Substance Act.
(5) Knowingly consume while a crew member of any
aircraft any intoxicating liquor, narcotic drug, or other
controlled substance while the aircraft is in operation.
(b) Any person who violates clause (4)(i) of subsection (a)
of this Section is guilty of a Class A misdemeanor. A person
who violates paragraph (2), (3), or (5) or clause (4)(ii) of
subsection (a) of this Section is guilty of a Class 4 felony. A
person who violates paragraph (1) or clause (4)(iii) or (4)(iv)
of subsection (a) of this Section is guilty of a Class 3

felony.
(Source: P.A. 92-517, eff. 6-1-02; revised 11-19-13.)
Section 665. The County Airport Law of 1943 is amended by
changing Section 6 as follows:
(620 ILCS 45/6) (from Ch. 15 1/2, par. 89)
Sec. 6. The directors shall, immediately after
appointment, meet and organize by the election of one of their
number as president and one as secretary, and by the election
of such other officers as they may deem necessary. They shall
make and adopt such by-laws, rules and regulations for their
own guidance and for the government of the airport and landing
field, buildings, equipment and other facilities or activities
and institutions connected therewith as may be expedient, not
inconsistent with the "Illinois Aeronautics Act", as now or
hereafter amended or supplemented, or any rule, ruling,
regulation, order or decision of the Department of
Transportation of this State. They shall have the exclusive
control of the expenditure of all moneys collected to the
credit of the Airport Fund, and of the construction of any
airport, building, landing strips or other facilities
connected therewith, or auxiliary institutions or activities
in connection therewith, and of the supervision, care and
custody of the grounds, buildings and facilities constructed,
leased, or set apart for that purpose: Provided, that all

moneys received for such airport with the exception of moneys
the title to which rests in the Board of Directors in
accordance with Section 9, shall be deposited in the treasury
of the county to the credit of the Airport fund and shall not
be used for any other purpose, and shall be drawn upon by the
proper officers of the county upon the properly authenticated
vouchers of the Board of Directors. The Board of Directors may
purchase or lease ground within the limits of such county, and
occupy, lease or erect an appropriate building or buildings for
the use of the airport, auxiliary institutions and activities
connected therewith: Provided, however, that no such building,
landing strips or other facilities shall be constructed or
erected until detailed plans therefor shall have been submitted
to and approved by the Department of Transportation of this
State. The Board of Directors may appoint suitable managers,
assistants and employees and fix their compensation by
resolution duly adopted, and may also remove such appointees,
and shall carry out the spirit and intent of this Act in
establishing and maintaining an airport and landing field.
The Board of Directors shall, in addition to the powers set
forth in this Act, specifically have the powers designated as
follows:
1. To locate, establish and maintain an airport and airport
facilities within the area of its jurisdiction, and to develop,
expand, extend and improve any such airport or airport
facility.

2. To acquire land, rights in and over land and easements
upon, over or across land, and leasehold interests in land, and
tangible and intangible personal property, used or useful for
the location, establishment, maintenance, development,
expansion, extension or improvement of any such airport or
airport facility. Such acquisition may be by dedication,
purchase, gift, agreement, lease, or by user or adverse
possession or condemnation. In the determination of the
compensation to be paid in any condemnation proceeding under
this subsection involving property or facilities used in
agriculture, commerce, industry or trade there shall be
included not only the value of the property and facilities
affected and the cost of any changes in or relocation of such
property and facilities but also compensation for any loss
occasioned in the operation thereof.
3. To operate, manage, lease, sublease, and to make and
enter into contracts for the use, operation or management of,
and to provide rules and regulations for the operation,
management or use of any such airport or airport facility.
4. To fix, charge and collect rentals, tolls, fees and
charges for the use of any such airport, or any part thereof,
or any such airport facility, and to grant privileges within
any airport or structure therein or any part thereof, and to
charge and collect compensation for such privileges and to
lease any building or structure or any part thereof to private
or public concerns or corporations in connection with the use

and operation of such airport and to enter into contracts or
agreements permitting private or public concerns to erect and
build structures for airport purposes and purposes auxiliary
thereto and connected therewith, on such terms and conditions
as the directors deem expedient and in the public interest;
provided, that no such structure may be erected by any public
or private concern or corporation pursuant to such agreement
until the plans and specifications therefor shall have been
submitted to and approved by the Department of Transportation
of this State.
5. To establish, maintain, extend and improve roadways and
approaches by land, water or air to any such airport.
6. To contract or otherwise to provide by condemnation if
necessary for the removal or relocation of all private
structures, railways, mains, pipes, conduits, wires, poles and
all other facilities and equipment which may interfere with the
location, expansion, development, or improvement of airports
or with the safe approach thereto or takeoff therefrom by
aircraft, and to assume any obligation and pay any expense
incidental to such removal or relocation.
7. Within territory two miles from any airport or landing
field, as measured at a right angle from any side, or in a
radial line from the corner of any established boundary line
thereof, to enter into contracts for a term of years or
permanently with the owners of such land to restrict the height
of any structure upon the relationship of one foot of height to

each twenty feet of distance from the boundary line, upon such
terms and conditions and for the such consideration as the
Board of Directors deems equitable; and to adopt, administer
and enforce airport zoning regulations for and within the
county and within any territory which extends not more than 2
miles beyond the boundaries of any Airport under the control of
the Board of Directors.
8. To borrow money and to issue bonds, notes, certificates
or other evidences of indebtedness for the purpose of
accomplishing any of the corporate purposes, subject, however,
to compliance with the conditions or limitations of this Act or
otherwise provided by the constitution or laws of the State of
Illinois.
9. To employ or enter into contracts for the employment of
any person, firm or corporation, and for professional services,
necessary or desirable for the accomplishment of the objects of
the Board of Directors or the proper administration,
management, protection or control of its property.
10. To police its property and to exercise police powers in
respect thereto or in respect to the enforcement of any rule or
regulation provided by the resolutions of the Board of
Directors and to employ and commission police officers and
other qualified persons to enforce the same.
Nothing in this section or in other provisions of this Act
shall be construed to authorize the Board of Directors to
establish or enforce any regulation or rule in respect to

aviation or the operation or maintenance of any airport or any
airport facility within its jurisdiction which is in conflict
with any federal or state law or regulation applicable to the
same subject matter.
This section is subject to the "Illinois Aeronautics Act",
as now or hereafter amended or supplemented, or any rule,
ruling, regulation, order or decision of the Department of
Transportation of this State.
The Federal Government or any department or agency thereof,
the State of Illinois or any department or agency thereof, or
any political subdivision of the State of Illinois and any
public or private aircraft shall be permitted to use any
airport facility subject to the regulation and control of, and
upon such terms and conditions as shall be established by the
Board of Directors.
(Source: P.A. 81-840; revised 11-19-13.)
Section 670. The Public-Private Agreements for the South
Suburban Airport Act is amended by changing Section 2-35 as
follows:
(620 ILCS 75/2-35)
Sec. 2-35. Provisions of the public-private agreement.
(a) The public-private agreement shall include all of the
following:
(1) the term of the public-private agreement that is

consistent with Section 2-20 of this Act;
(2) the powers, duties, responsibilities, obligations,
and functions of the Department and the contractor;
(3) compensation or payments to the Department;
(4) compensation or payments to the contractor;
(5) a provision specifying that the Department has:
(A) ready access to information regarding the
contractor's powers, duties, responsibilities,
obligations, and functions under the public-private
agreement;
(B) the right to demand and receive information
from the contractor concerning any aspect of the
contractor's powers, duties, responsibilities,
obligations, and functions under the public-private
agreement; and
(C) the authority to direct or countermand
decisions by the contractor at any time;
(6) a provision imposing an affirmative duty on the
contractor to provide the Department with any information
the Department reasonably would want to know or would need
to know to enable the Department to exercise its powers,
carry out its duties, responsibilities, and obligations,
and perform its functions under this Act or the
public-private agreement or as otherwise required by law;
(7) a provision requiring the contractor to provide the
Department with advance written notice of any decision that

bears significantly on the public interest so the
Department has a reasonable opportunity to evaluate and
countermand that decision under this Section;
(8) a requirement that the Department monitor and
oversee the contractor's practices and take action that the
Department considers appropriate to ensure that the
contractor is in compliance with the terms of the
public-private agreement;
(9) the authority of the Department to enter into
contracts with third parties pursuant to Section 2-65 of
this Act;
(10) a provision governing the contractor's authority
to negotiate and execute subcontracts with third parties;
(11) the authority of the contractor to impose user
fees and the amounts of those fees;
(12) a provision governing the deposit and allocation
of revenues including user fees;
(13) a provision governing rights to real and personal
property of the State, the Department, the contractor, and
other third parties;
(14) a provision stating that the contractor shall,
pursuant to Section 2-85 of this Act, pay the costs of an
independent audit if the construction costs under the
contract exceed $50,000,000;
(15) a provision regarding the implementation and
delivery of a comprehensive system of internal audits;

(16) a provision regarding the implementation and
delivery of reports, which shall include a requirement that
the contractor file with the Department, at least on an
annual basis, financial statements containing information
required by generally accepted accounting principles
(GAAP);
(17) procedural requirements for obtaining the prior
approval of the Department when rights that are the subject
of the agreement, 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;
(18) grounds for termination of the agreement by the
Department or the contractor and a restatement of the
Department's rights under Section 2-45 of this Act;
(19) a requirement that the contractor enter into a
project labor agreement under Section 2-120 of this Act;
(20) a provision stating that construction contractors
shall comply with Section 2-120 of this Act;
(21) timelines, deadlines, and scheduling;
(22) review of plans, including development,
financing, construction, management, operations, or
maintenance plans, by the Department;
(23) a provision regarding inspections by the
Department, including inspections of construction work and

improvements;
(24) rights and remedies of the Department in the event
that the contractor defaults or otherwise fails to comply
with the terms of the public-private agreement;
(25) a code of ethics for the contractor's officers and
employees; and
(26) procedures for amendment to the agreement.
(b) The public-private agreement may include any or all of
the following:
(1) a provision regarding the extension of the
agreement that is consistent with Section 2-20 of this Act;
(2) provisions leasing to the contractor all or any
portion of the South Suburban Airport, provided that the
lease may not extend beyond the term of the public-private
agreement; .
(3) cash reserves requirements;
(4) delivery of performance and payment bonds or other
performance security in a form and amount that is
satisfactory to the Department;
(5) maintenance of public liability insurance;
(6) maintenance of self-insurance;
(7) provisions governing grants and loans, pursuant to
which the Department may agree to make grants or loans for
the development, financing, construction, management, or
operation of the South Suburban Airport project from time
to time from amounts received from the federal government

or any agency or instrumentality of the federal government
or from any State or local agency;
(8) reimbursements to the Department for work
performed and goods, services, and equipment provided by
the Department;
(9) provisions allowing the Department to submit any
contractual disputes with the contractor relating to the
public-private agreement to non-binding alternative
dispute resolution proceedings; and
(10) any other terms, conditions, and provisions
acceptable to the Department that the Department deems
necessary and proper and in the public interest.
(Source: P.A. 98-109, eff. 7-25-13; revised 11-19-13.)
Section 675. The Illinois Vehicle Code is amended by
changing Sections 1-105, 2-119, 3-918, 5-301, 6-103, 6-106,
6-108, 6-118, 6-201, 6-206, 6-303, 6-508, 6-514, 11-208,
11-208.7, 11-501, 11-709.2, 12-215, 12-610.2, and 15-111 and by
setting forth, renumbering, and changing multiple versions of
Section 3-699 as follows:
(625 ILCS 5/1-105) (from Ch. 95 1/2, par. 1-105)
Sec. 1-105. Authorized emergency vehicle. Emergency
vehicles of municipal departments or public service
corporations as are designated or authorized by proper local
authorities; police vehicles; vehicles of the fire department;

vehicles of a HazMat or technical rescue team authorized by a
county board under Section 5-1127 of the Counties Code;
ambulances; vehicles of the Illinois Department of
Corrections; vehicles of the Illinois Department of Juvenile
Justice; vehicles of the Illinois Emergency Management Agency;
vehicles of the Office of the Illinois State Fire Marshal; mine
rescue and explosives emergency response vehicles of the
Department of Natural Resources; vehicles of the Illinois
Department of Public Health; vehicles of the Illinois
Department of Transportation identified as Emergency Traffic
Patrol; and vehicles of a municipal or county emergency
services and disaster agency, as defined by the Illinois
Emergency Management Agency Act.
(Source: P.A. 97-149, eff. 7-14-11; 97-333, eff. 7-12-11;
98-123, eff. 1-1-14; 98-468, eff. 8-16-13; revised 9-19-13.)
(625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
(Text of Section before amendment by P.A. 98-176)
Sec. 2-119. Disposition of fees and taxes.
(a) All moneys received from Salvage Certificates shall be
deposited in the Common School Fund in the State Treasury.
(b) Beginning January 1, 1990 and concluding December 31,
1994, of the money collected for each certificate of title,
duplicate certificate of title and corrected certificate of
title, $0.50 shall be deposited into the Used Tire Management
Fund. Beginning January 1, 1990 and concluding December 31,

1994, of the money collected for each certificate of title,
duplicate certificate of title and corrected certificate of
title, $1.50 shall be deposited in the Park and Conservation
Fund.
Beginning January 1, 1995, of the money collected for each
certificate of title, duplicate certificate of title and
corrected certificate of title, $3.25 shall be deposited in the
Park and Conservation Fund. The moneys deposited in the Park
and Conservation Fund pursuant to this Section shall be used
for the acquisition and development of bike paths as provided
for in Section 805-420 of the Department of Natural Resources
(Conservation) Law (20 ILCS 805/805-420). The monies deposited
into the Park and Conservation Fund under this subsection shall
not be subject to administrative charges or chargebacks unless
otherwise authorized by this Act.
Beginning January 1, 2000, of the moneys collected for each
certificate of title, duplicate certificate of title, and
corrected certificate of title, $48 shall be deposited into the
Road Fund and $4 shall be deposited into the Motor Vehicle
License Plate Fund, except that if the balance in the Motor
Vehicle License Plate Fund exceeds $40,000,000 on the last day
of a calendar month, then during the next calendar month the $4
shall instead be deposited into the Road Fund.
Beginning January 1, 2005, of the moneys collected for each
delinquent vehicle registration renewal fee, $20 shall be
deposited into the General Revenue Fund.

Except as otherwise provided in this Code, all remaining
moneys collected for certificates of title, and all moneys
collected for filing of security interests, shall be placed in
the General Revenue Fund in the State Treasury.
(c) All moneys collected for that portion of a driver's
license fee designated for driver education under Section 6-118
shall be placed in the Driver Education Fund in the State
Treasury.
(d) Beginning January 1, 1999, of the monies collected as a
registration fee for each motorcycle, motor driven cycle and
moped, 27% of each annual registration fee for such vehicle and
27% of each semiannual registration fee for such vehicle is
deposited in the Cycle Rider Safety Training Fund.
(e) Of the monies received by the Secretary of State as
registration fees or taxes or as payment of any other fee, as
provided in this Act, except fees received by the Secretary
under paragraph (7) of subsection (b) of Section 5-101 and
Section 5-109 of this Code, 37% shall be deposited into the
State Construction Account Fund.
(f) Of the total money collected for a CDL instruction
permit or original or renewal issuance of a commercial driver's
license (CDL) pursuant to the Uniform Commercial Driver's
License Act (UCDLA): (i) $6 of the total fee for an original or
renewal CDL, and $6 of the total CDL instruction permit fee
when such permit is issued to any person holding a valid
Illinois driver's license, shall be paid into the

CDLIS/AAMVAnet/NMVTIS Trust Fund (Commercial Driver's License
Information System/American Association of Motor Vehicle
Administrators network/National Motor Vehicle Title
Information Service Trust Fund) and shall be used for the
purposes provided in Section 6z-23 of the State Finance Act and
(ii) $20 of the total fee for an original or renewal CDL or
commercial driver instruction permit shall be paid into the
Motor Carrier Safety Inspection Fund, which is hereby created
as a special fund in the State Treasury, to be used by the
Department of State Police, subject to appropriation, to hire
additional officers to conduct motor carrier safety
inspections pursuant to Chapter 18b of this Code.
(g) All remaining moneys received by the Secretary of State
as registration fees or taxes or as payment of any other fee,
as provided in this Act, except fees received by the Secretary
under paragraph (7)(A) of subsection (b) of Section 5-101 and
Section 5-109 of this Code, shall be deposited in the Road Fund
in the State Treasury. Moneys in the Road Fund shall be used
for the purposes provided in Section 8.3 of the State Finance
Act.
(h) (Blank).
(i) (Blank).
(j) (Blank).
(k) There is created in the State Treasury a special fund
to be known as the Secretary of State Special License Plate
Fund. Money deposited into the Fund shall, subject to

appropriation, be used by the Office of the Secretary of State
(i) to help defray plate manufacturing and plate processing
costs for the issuance and, when applicable, renewal of any new
or existing registration plates authorized under this Code and
(ii) for grants made by the Secretary of State to benefit
Illinois Veterans Home libraries.
On or before October 1, 1995, the Secretary of State shall
direct the State Comptroller and State Treasurer to transfer
any unexpended balance in the Special Environmental License
Plate Fund, the Special Korean War Veteran License Plate Fund,
and the Retired Congressional License Plate Fund to the
Secretary of State Special License Plate Fund.
(l) The Motor Vehicle Review Board Fund is created as a
special fund in the State Treasury. Moneys deposited into the
Fund under paragraph (7) of subsection (b) of Section 5-101 and
Section 5-109 shall, subject to appropriation, be used by the
Office of the Secretary of State to administer the Motor
Vehicle Review Board, including without limitation payment of
compensation and all necessary expenses incurred in
administering the Motor Vehicle Review Board under the Motor
Vehicle Franchise Act.
(m) Effective July 1, 1996, there is created in the State
Treasury a special fund to be known as the Family
Responsibility Fund. Moneys deposited into the Fund shall,
subject to appropriation, be used by the Office of the
Secretary of State for the purpose of enforcing the Family

Financial Responsibility Law.
(n) The Illinois Fire Fighters' Memorial Fund is created as
a special fund in the State Treasury. Moneys deposited into the
Fund shall, subject to appropriation, be used by the Office of
the State Fire Marshal for construction of the Illinois Fire
Fighters' Memorial to be located at the State Capitol grounds
in Springfield, Illinois. Upon the completion of the Memorial,
moneys in the Fund shall be used in accordance with Section
3-634.
(o) Of the money collected for each certificate of title
for all-terrain vehicles and off-highway motorcycles, $17
shall be deposited into the Off-Highway Vehicle Trails Fund.
(p) For audits conducted on or after July 1, 2003 pursuant
to Section 2-124(d) of this Code, 50% of the money collected as
audit fees shall be deposited into the General Revenue Fund.
(Source: P.A. 97-1136, eff. 1-1-13; 98-177, eff. 1-1-14;
revised 9-19-13.)
(Text of Section after amendment by P.A. 98-176)
Sec. 2-119. Disposition of fees and taxes.
(a) All moneys received from Salvage Certificates shall be
deposited in the Common School Fund in the State Treasury.
(b) Beginning January 1, 1990 and concluding December 31,
1994, of the money collected for each certificate of title,
duplicate certificate of title and corrected certificate of
title, $0.50 shall be deposited into the Used Tire Management

Fund. Beginning January 1, 1990 and concluding December 31,
1994, of the money collected for each certificate of title,
duplicate certificate of title and corrected certificate of
title, $1.50 shall be deposited in the Park and Conservation
Fund.
Beginning January 1, 1995, of the money collected for each
certificate of title, duplicate certificate of title and
corrected certificate of title, $3.25 shall be deposited in the
Park and Conservation Fund. The moneys deposited in the Park
and Conservation Fund pursuant to this Section shall be used
for the acquisition and development of bike paths as provided
for in Section 805-420 of the Department of Natural Resources
(Conservation) Law (20 ILCS 805/805-420). The monies deposited
into the Park and Conservation Fund under this subsection shall
not be subject to administrative charges or chargebacks unless
otherwise authorized by this Act.
Beginning January 1, 2000, of the moneys collected for each
certificate of title, duplicate certificate of title, and
corrected certificate of title, $48 shall be deposited into the
Road Fund and $4 shall be deposited into the Motor Vehicle
License Plate Fund, except that if the balance in the Motor
Vehicle License Plate Fund exceeds $40,000,000 on the last day
of a calendar month, then during the next calendar month the $4
shall instead be deposited into the Road Fund.
Beginning January 1, 2005, of the moneys collected for each
delinquent vehicle registration renewal fee, $20 shall be

deposited into the General Revenue Fund.
Except as otherwise provided in this Code, all remaining
moneys collected for certificates of title, and all moneys
collected for filing of security interests, shall be placed in
the General Revenue Fund in the State Treasury.
(c) All moneys collected for that portion of a driver's
license fee designated for driver education under Section 6-118
shall be placed in the Driver Education Fund in the State
Treasury.
(d) Beginning January 1, 1999, of the monies collected as a
registration fee for each motorcycle, motor driven cycle and
moped, 27% of each annual registration fee for such vehicle and
27% of each semiannual registration fee for such vehicle is
deposited in the Cycle Rider Safety Training Fund.
(e) Of the monies received by the Secretary of State as
registration fees or taxes or as payment of any other fee, as
provided in this Act, except fees received by the Secretary
under paragraph (7) of subsection (b) of Section 5-101 and
Section 5-109 of this Code, 37% shall be deposited into the
State Construction Account Fund.
(f) Of the total money collected for a commercial learner's
permit (CLP) or original or renewal issuance of a commercial
driver's license (CDL) pursuant to the Uniform Commercial
Driver's License Act (UCDLA): (i) $6 of the total fee for an
original or renewal CDL, and $6 of the total CLP fee when such
permit is issued to any person holding a valid Illinois

driver's license, shall be paid into the CDLIS/AAMVAnet/NMVTIS
Trust Fund (Commercial Driver's License Information
System/American Association of Motor Vehicle Administrators
network/National Motor Vehicle Title Information Service Trust
Fund) and shall be used for the purposes provided in Section
6z-23 of the State Finance Act and (ii) $20 of the total fee
for an original or renewal CDL or CLP shall be paid into the
Motor Carrier Safety Inspection Fund, which is hereby created
as a special fund in the State Treasury, to be used by the
Department of State Police, subject to appropriation, to hire
additional officers to conduct motor carrier safety
inspections pursuant to Chapter 18b of this Code.
(g) All remaining moneys received by the Secretary of State
as registration fees or taxes or as payment of any other fee,
as provided in this Act, except fees received by the Secretary
under paragraph (7)(A) of subsection (b) of Section 5-101 and
Section 5-109 of this Code, shall be deposited in the Road Fund
in the State Treasury. Moneys in the Road Fund shall be used
for the purposes provided in Section 8.3 of the State Finance
Act.
(h) (Blank).
(i) (Blank).
(j) (Blank).
(k) There is created in the State Treasury a special fund
to be known as the Secretary of State Special License Plate
Fund. Money deposited into the Fund shall, subject to

appropriation, be used by the Office of the Secretary of State
(i) to help defray plate manufacturing and plate processing
costs for the issuance and, when applicable, renewal of any new
or existing registration plates authorized under this Code and
(ii) for grants made by the Secretary of State to benefit
Illinois Veterans Home libraries.
On or before October 1, 1995, the Secretary of State shall
direct the State Comptroller and State Treasurer to transfer
any unexpended balance in the Special Environmental License
Plate Fund, the Special Korean War Veteran License Plate Fund,
and the Retired Congressional License Plate Fund to the
Secretary of State Special License Plate Fund.
(l) The Motor Vehicle Review Board Fund is created as a
special fund in the State Treasury. Moneys deposited into the
Fund under paragraph (7) of subsection (b) of Section 5-101 and
Section 5-109 shall, subject to appropriation, be used by the
Office of the Secretary of State to administer the Motor
Vehicle Review Board, including without limitation payment of
compensation and all necessary expenses incurred in
administering the Motor Vehicle Review Board under the Motor
Vehicle Franchise Act.
(m) Effective July 1, 1996, there is created in the State
Treasury a special fund to be known as the Family
Responsibility Fund. Moneys deposited into the Fund shall,
subject to appropriation, be used by the Office of the
Secretary of State for the purpose of enforcing the Family

Financial Responsibility Law.
(n) The Illinois Fire Fighters' Memorial Fund is created as
a special fund in the State Treasury. Moneys deposited into the
Fund shall, subject to appropriation, be used by the Office of
the State Fire Marshal for construction of the Illinois Fire
Fighters' Memorial to be located at the State Capitol grounds
in Springfield, Illinois. Upon the completion of the Memorial,
moneys in the Fund shall be used in accordance with Section
3-634.
(o) Of the money collected for each certificate of title
for all-terrain vehicles and off-highway motorcycles, $17
shall be deposited into the Off-Highway Vehicle Trails Fund.
(p) For audits conducted on or after July 1, 2003 pursuant
to Section 2-124(d) of this Code, 50% of the money collected as
audit fees shall be deposited into the General Revenue Fund.
(Source: P.A. 97-1136, eff. 1-1-13; 98-176, eff. 7-1-14;
98-177, eff. 1-1-14; revised 9-19-13.)
(625 ILCS 5/3-699)
Sec. 3-699. National Wild Turkey Federation license
plates.
(a) The Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary, may
issue special registration plates designated as National Wild
Turkey Federation license plates. The special plates issued
under this Section shall be affixed only to passenger vehicles

of the first division 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
established by Section 3-414.1 of this Code.
(b) The design and color of the special plates shall be
wholly within the discretion of the Secretary. The Secretary
may allow the plates to be issued as vanity plates or
personalized plates under Section 3-405.1 of this Code. The
Secretary shall prescribe stickers or decals as provided under
Section 3-412 of this Code.
(c) An applicant for the special plate shall be charged a
$40 fee for original issuance in addition to the appropriate
registration fee. Of this fee, $25 shall be deposited into the
National Wild Turkey Federation Fund and $15 shall be deposited
into the Secretary of State Special License Plate Fund, to be
used by the Secretary to help defray the administrative
processing costs.
For each registration renewal period, a $27 fee, in
addition to the appropriate registration fee, shall be charged.
Of this fee, $25 shall be deposited into the National Wild
Turkey Federation Fund and $2 shall be deposited into the
Secretary of State Special License Plate Fund.
(d) The National Wild Turkey Federation Fund is created as
a special fund in the State treasury. All moneys in the
National Wild Turkey Federation Fund shall be paid, subject to
appropriation by the General Assembly and distribution by the

Secretary, as grants to National Wild Turkey Federation, Inc.,
a tax exempt entity under Section 501(c)(3) of the Internal
Revenue Code, to fund turkey habitat protection, enhancement,
and restoration projects in the State of Illinois, to fund
education and outreach for media, volunteers, members, and the
general public regarding turkeys and turkey habitat
conservation in the State of Illinois, and to cover the
reasonable cost for National Wild Turkey Federation special
plate advertising and administration of the conservation
projects and education program.
(Source: P.A. 98-66, eff. 1-1-14.)
(625 ILCS 5/3-699.2)
Sec. 3-699.2 3-699. Diabetes Awareness license plates.
(a) The Secretary, upon receipt of an application made in
the form prescribed by the Secretary, may issue special
registration plates designated as Diabetes Awareness license
plates. The special plates 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 multi-year procedure established by Section
3-414.1 of this Code.
(b) The design and color of the plates is wholly within the
discretion of the Secretary of State. The Secretary, in his or
her discretion, may allow the plates to be issued as vanity or

personalized plates under Section 3-405.1 of this Code. The
Secretary shall prescribe stickers or decals as provided under
Section 3-412 of this Code.
(c) An applicant for the special plate shall be charged a
$40 fee for original issuance in addition to the appropriate
registration fee. Of this fee, $25 shall be deposited into the
Diabetes Research Checkoff Fund and $15 shall be deposited into
the Secretary of State Special License Plate Fund, to be used
by the Secretary to help defray the administrative processing
costs.
For each registration renewal period, a $27 fee, in
addition to the appropriate registration fee, shall be charged.
Of this fee, $25 shall be deposited into the Diabetes Research
Checkoff Fund and $2 shall be deposited into the Secretary of
State Special License Plate Fund.
(Source: P.A. 98-96, eff. 1-1-14; revised 10-16-13.)
(625 ILCS 5/3-699.3)
Sec. 3-699.3 3-699. Illinois Nurses license plates.
(a) The Secretary, upon receipt of an application made in
the form prescribed by the Secretary, may issue special
registration plates designated as Illinois Nurses license
plates. The special plates 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 multi-year procedure established by Section
3-414.1 of this Code.
(b) The design and color of the plates is wholly within the
discretion of the Secretary. The Secretary may allow the plates
to be issued as vanity plates or personalized under Section
3-405.1 of the Code. The Secretary shall prescribe stickers or
decals as provided under Section 3-412 of this Code.
(c) An applicant for the special plate shall be charged a
$35 fee for original issuance in addition to the appropriate
registration fee. Of this fee, $20 shall be deposited into the
Illinois Nurses Foundation Fund and $15 shall be deposited into
the Secretary of State Special License Plate Fund, to be used
by the Secretary to help defray administrative processing
costs.
For each registration renewal period, a $22 fee, in
addition to the appropriate registration fee, shall be charged.
Of this fee, $20 shall be deposited into the Illinois Nurses
Foundation Fund and $2 shall be deposited into the Secretary of
State Special License Plate Fund.
(d) The Illinois Nurses Foundation Fund is created as a
special fund in the State treasury. All money in the Illinois
Nurses Foundation Fund shall be paid, subject to appropriation
by the General Assembly and distribution by the Secretary, as
grants to the Illinois Nurses Foundation, to promote the health
of the public by advancing the nursing profession in this
State.

(Source: P.A. 98-150, eff. 1-1-14; revised 10-16-13.)
(625 ILCS 5/3-699.4)
Sec. 3-699.4 3-699. American Red Cross license plates.
(a) The Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary, may
issue special registration plates designated as American Red
Cross license plates. The special plates issued under this
Section shall be affixed only to passenger vehicles of the
first division 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
established by Section 3-414.1 of this Code.
(b) The design and color of the special plates shall be
within the discretion of the Secretary, but shall include the
American Red Cross official logo. Appropriate documentation,
as determined by the Secretary, shall accompany each
application. The Secretary may allow the plates to be issued as
vanity plates or personalized plates under Section 3-405.1 of
this Code. The Secretary shall prescribe stickers or decals as
provided under Section 3-412 of this Code.
(c) An applicant for the special plate shall be charged a
$40 fee for original issuance in addition to the appropriate
registration fee. Of this fee, $25 shall be deposited into the
American Red Cross Fund and $15 shall be deposited into the
Secretary of State Special License Plate Fund, to be used by

the Secretary to help defray the administrative processing
costs. For each registration renewal period, a $27 fee, in
addition to the appropriate registration fee, shall be charged.
Of this fee, $25 shall be deposited into the American Red Cross
Fund and $2 shall be deposited into the Secretary of State
Special License Plate Fund.
(d) The American Red Cross Fund is created as a special
fund in the State treasury. All moneys in the American Red
Cross Fund shall be paid, subject to appropriation by the
General Assembly and distribution by the Secretary, as grants
to the American Red Cross or to charitable entities designated
by the American Red Cross.
(Source: P.A. 98-151, eff. 1-1-14; revised 10-16-13.)
(625 ILCS 5/3-699.5)
Sec. 3-699.5 3-699. Illinois Police Benevolent and
Protective Association license plates.
(a) The Secretary, upon receipt of an application made in
the form prescribed by the Secretary, may issue special
registration plates designated as Illinois Police Benevolent
and Protective Association license plates. The special plates
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 multi-year
procedure established by Section 3-414.1 of this Code.

(b) The design and color of the plates is wholly within the
discretion of the Secretary. The Secretary may allow the plates
to be issued as vanity plates or personalized under Section
3-405.1 of the Code. The Secretary shall prescribe stickers or
decals as provided under Section 3-412 of this Code. 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.
(c) An applicant for the special plate shall be charged a
$25 fee for original issuance in addition to the appropriate
registration fee. Of this fee, $10 shall be deposited into the
Illinois Police Benevolent and Protective Association Fund and
$15 shall be deposited into the Secretary of State Special
License Plate Fund, to be used by the Secretary to help defray
the administrative processing costs.
For each registration renewal period, a $25 fee, in
addition to the appropriate registration fee, shall be charged.
Of this fee, $23 shall be deposited into the Illinois Police
Benevolent and Protective Association Fund and $2 shall be
deposited into the Secretary of State Special License Plate
Fund.
(d) The Illinois Police Benevolent and Protective
Association Fund is created as a special fund in the State
treasury. All money in the Illinois Police Benevolent and
Protective Association Fund shall be paid, subject to
appropriation by the General Assembly and distribution by the

Secretary, as grants to the Illinois Police Benevolent and
Protective Association for the purposes of providing death
benefits for the families of police officers killed in the line
of duty, providing scholarships for undergraduate study to
children and spouses of police officers killed in the line of
duty, and educating the public and police officers regarding
policing and public safety.
(Source: P.A. 98-233, eff. 1-1-14; revised 10-16-13.)
(625 ILCS 5/3-699.6)
Sec. 3-699.6 3-699. Alzheimer's Awareness license plates.
(a) The Secretary, upon receipt of an application made in
the form prescribed by the Secretary, may issue special
registration plates designated as Alzheimer's Awareness
license plates. The special plates 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 multi-year procedure established by
Section 3-414.1 of this Code.
(b) The design and color of the plates is wholly within the
discretion of the Secretary. The Secretary may allow the plates
to be issued as vanity plates or personalized under Section
3-405.1 of this Code. The Secretary shall prescribe stickers or
decals as provided under Section 3-412 of this Code.
(c) An applicant for the special plate shall be charged a

$25 fee for original issuance in addition to the appropriate
registration fee. Of this fee, $10 shall be deposited into the
Alzheimer's Awareness Fund and $15 shall be deposited into the
Secretary of State Special License Plate Fund, to be used by
the Secretary to help defray administrative processing costs.
For each registration renewal period, a $25 fee, in
addition to the appropriate registration fee, shall be charged.
Of this fee, $23 shall be deposited into the Alzheimer's
Awareness Fund and $2 shall be deposited into the Secretary of
State Special License Plate Fund.
(d) The Alzheimer's Awareness Fund is created as a special
fund in the State treasury. All money in the Alzheimer's
Awareness Fund shall be paid, subject to appropriation by the
General Assembly and distribution by the Secretary, as grants
to the Alzheimer's Disease and Related Disorders Association,
Greater Illinois Chapter, for Alzheimer's care, support,
education, and awareness programs.
(Source: P.A. 98-259, eff. 1-1-14; revised 10-16-13.)
(625 ILCS 5/3-699.7)
Sec. 3-699.7 3-699. Prince Hall Freemasonry plates.
(a) The Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary, may
issue special registration plates designated as Prince Hall
Freemasonry license plates.
The special plates issued under this Section shall be

affixed only to passenger vehicles of the first division 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 established by Section 3-414.1 of this
Code.
(b) The design and color of the special plates shall be
wholly within the discretion of the Secretary. Appropriate
documentation, as determined by the Secretary, shall accompany
each application.
(c) An applicant for the special plate shall be charged a
$25 fee for original issuance in addition to the appropriate
registration fee. Of this fee, $10 shall be deposited into the
Master Mason Fund and $15 shall be deposited into the Secretary
of State Special License Plate Fund, to be used by the
Secretary to help defray the administrative processing costs.
For each registration renewal period, a $25 fee, in
addition to the appropriate registration fee, shall be charged.
Of this fee, $23 shall be deposited into the Master Mason Fund
and $2 shall be deposited into the Secretary of State Special
License Plate Fund.
(Source: P.A. 98-300, eff. 1-1-14; revised 10-16-13.)
(625 ILCS 5/3-699.8)
Sec. 3-699.8 3-699. Illinois Police K-9 Memorial Plates.
(a) The Secretary, upon receipt of all applicable fees and

applications made in the form prescribed by the Secretary, may
issue special registration plates designated as Illinois
Police K-9 Memorial license plates. The special plates issued
under this Section shall be affixed only to passenger vehicles
of the first division 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
established by Section 3-414.1 of this Code.
(b) The design and color of the plates is wholly within the
discretion of the Secretary. The Secretary may allow the plates
to be issued as vanity plates or personalized under Section
3-405.1 of the Code. Appropriate documentation, as determined
by the Secretary, shall accompany each application. The
Secretary shall prescribe stickers or decals as provided under
Section 3-412 of this Code.
(c) An applicant shall be charged a $40 fee for original
issuance in addition to the applicable registration fee. Of
this additional fee, $15 shall be deposited into the Secretary
of State Special License Plate Fund and $25 shall be deposited
into the Illinois Police K-9 Memorial Fund. For each
registration renewal period, a $27 fee, in addition to the
appropriate registration fee, shall be charged. Of this
additional fee, $2 shall be deposited into the Secretary of
State Special License Plate Fund and $25 shall be deposited
into the Illinois Police K-9 Memorial Fund.
(d) The Illinois Police K-9 Memorial Fund is created as a

special fund in the State treasury. All moneys in the Illinois
Police K-9 Memorial Fund shall be paid, subject to
appropriation by the General Assembly and distribution by the
Secretary, as grants to the Northern Illinois Police K-9
Memorial for the creation, operation, and maintenance of a
police K-9 memorial monument.
(Source: P.A. 98-360, eff. 1-1-14; revised 10-16-13.)
(625 ILCS 5/3-699.9)
Sec. 3-699.9 3-699. Public Safety Diver license plates.
(a) The Secretary, upon receipt of an application made in
the form prescribed by the Secretary of State, may issue
special registration plates designated to be Public Safety
Diver license plates. The special plates issued under this
Section shall be affixed only to passenger vehicles of the
first division, motor vehicles of the second division weighing
not more than 8,000 pounds, and recreational vehicles as
defined by Section 1-169 of this Code. Plates issued under this
Section shall expire according to the multi-year procedure
established by Section 3-414.1 of this Code.
(b) The design and color of the plates shall be wholly
within the discretion of the Secretary of State. Appropriate
documentation, as determined by the Secretary, shall accompany
the application. 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.

(c) An applicant shall be charged a $45 fee for original
issuance in addition to the appropriate registration fee, if
applicable. Of this fee, $30 shall be deposited into the Public
Safety Diver Fund and $15 shall be deposited into the Secretary
of State Special License Plate Fund. For each registration
renewal period, a $27 fee, in addition to the appropriate
registration fee, shall be charged. Of this fee, $25 shall be
deposited into the Public Safety Diver Fund and $2 shall be
deposited into the Secretary of State Special License Plate
Fund.
(d) The Public Safety Diver Fund is created as a special
fund in the State treasury. All moneys in the Public Safety
Diver Fund shall be paid, subject to appropriation by the
General Assembly and distribution by the Secretary, to the
Illinois Law Enforcement Training Standards Board for the
purposes of providing grants based on need for training,
standards, and equipment to public safety disciplines within
the State and to units of local government involved in public
safety diving and water rescue services.
(e) The Public Safety Diver Advisory Committee shall
recommend grant rewards with the intent of achieving reasonably
equitable distribution of funds between police, firefighting,
and public safety diving services making application for grants
under this Section.
(f) The administrative costs related to management of
grants made from the Public Safety Diver Fund shall be paid

from the Public Safety Diver Fund to the Illinois Law
Enforcement Training Standards Board.
(Source: P.A. 98-376, eff. 1-1-14; revised 10-16-13.)
(625 ILCS 5/3-699.10)
Sec. 3-699.10 3-699. The H Foundation - Committed to a Cure
for Cancer plates.
(a) The Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary, may
issue special registration plates designated as The H
Foundation - Committed to a Cure for Cancer license plates. The
special plates issued under this Section shall be affixed only
to passenger vehicles of the first division 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 established by Section 3-414.1 of this
Code.
(b) The design and color of the special plates shall be
wholly within the discretion of the Secretary. Appropriate
documentation, as determined by the Secretary, shall accompany
each application.
(c) An applicant for the special plate shall be charged a
$40 fee for original issuance in addition to the appropriate
registration fee. Of this fee, $25 shall be deposited into the
Committed to a Cure Fund and $15 shall be deposited into the
Secretary of State Special License Plate Fund, to be used by

the Secretary to help defray the administrative processing
costs. For each registration renewal period, a $27 fee, in
addition to the appropriate registration fee, shall be charged.
Of this fee, $25 shall be deposited into the Committed to a
Cure Fund and $2 shall be deposited into the Secretary of State
Special License Plate Fund.
(d) The Committed to a Cure Fund is created as a special
fund in the State treasury. All money in the Committed to a
Cure Fund shall be paid, subject to appropriation by the
General Assembly and distribution by the Secretary, as grants
to the Robert H. Lurie Comprehensive Cancer Center of
Northwestern University for the purpose of funding scientific
research on cancer.
(Source: P.A. 98-382, eff. 1-1-14; revised 10-16-13.)
(625 ILCS 5/3-699.11)
Sec. 3-699.11 3-699. Retired Law Enforcement license
plates.
(a) The Secretary, upon receipt of an application made in
the form prescribed by the Secretary, may issue special
registration plates designated as Retired Law Enforcement
license plates to residents of Illinois who meet eligibility
requirements prescribed by the Secretary of State. The special
plates 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
multi-year procedure established by Section 3-414.1 of this
Code.
(b) The design and color of the plates is wholly within the
discretion of the Secretary. The Secretary may allow the plates
to be issued as vanity plates or personalized under Section
3-405.1 of the Code. The Secretary shall prescribe stickers or
decals as provided under Section 3-412 of this Code.
(c) An applicant for the special plate shall be charged a
$25 fee for original issuance in addition to the appropriate
registration fee. Of this fee, $10 shall be deposited into the
Illinois Sheriffs' Association Scholarship and Training Fund
and $15 shall be deposited into the Secretary of State Special
License Plate Fund, to be used by the Secretary to help defray
the administrative processing costs.
For each registration renewal period, a $25 fee, in
addition to the appropriate registration fee, shall be charged.
Of this fee, $23 shall be deposited into the Illinois Sheriffs'
Association Scholarship and Training Fund and $2 shall be
deposited into the Secretary of State Special License Plate
Fund.
(d) The Illinois Sheriffs' Association Scholarship and
Training Fund is created as a special fund in the State
treasury. All money in the Illinois Sheriffs' Association
Scholarship and Training Fund shall be paid, subject to
appropriation by the General Assembly and distribution by the

Secretary, as grants to the Illinois Sheriffs' Association, for
scholarships obtained in a competitive process to attend the
Illinois Teen Institute or an accredited college or university,
for programs designed to benefit the elderly and teens, and for
law enforcement training.
(Source: P.A. 98-395, eff. 1-1-14; revised 10-16-13.)
(625 ILCS 5/3-699.12)
Sec. 3-699.12 3-699. Legion of Merit plates. The Secretary,
upon receipt of an application made in the form prescribed by
the Secretary of State, may issue special registration plates
designated as Legion of Merit license plates to recipients
awarded the Legion of Merit by a branch of the armed forces of
the United States who reside in Illinois. The special plates
issued pursuant to this Section should be affixed only to
passenger vehicles of the 1st division, including motorcycles,
or motor vehicles of the 2nd division weighing not more than
8,000 pounds. 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. The Secretary
of State must make a version of the special registration plates
authorized under this Section in a form appropriate for
motorcycles.
The design and color of such plates shall be wholly within
the discretion of the Secretary of State. No registration fee,
including the fees established under Section 3-806 of this

Code, shall be charged for the issuance or renewal of any
plates issued under this Section.
(Source: P.A. 98-406, eff. 1-1-14; revised 10-16-13.)
(625 ILCS 5/3-699.13)
Sec. 3-699.13 3-699. Illinois State Police Memorial Park
license plates.
(a) The Secretary, upon receipt of an application made in
the form prescribed by the Secretary of State, may issue
special registration plates designated as Illinois State
Police Memorial Park license plates. The special plates issued
under this Section shall be affixed only to passenger vehicles
of the first division 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
established by Section 3-414.1 of this Code.
(b) The design and color 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 or personalized plates in accordance with Section
3-405.1 of this Code. The Secretary shall prescribe stickers or
decals as provided under Section 3-412 of this Code.
(c) An applicant shall be charged a $25 fee for original
issuance in addition to the appropriate registration fee, if
applicable. Of this fee, $10 shall be deposited into the
Illinois State Police Memorial Park Fund and $15 shall be

deposited into the Secretary of State Special License Plate
Fund. For each registration renewal period, a $25 fee, in
addition to the appropriate registration fee, shall be charged.
Of this fee, $23 shall be deposited into the Illinois State
Police Memorial Park Fund and $2 shall be deposited into the
Secretary of State Special License Plate Fund.
(d) The Illinois State Police Memorial Park Fund is created
as a special fund in the State treasury. All moneys in the
Illinois State Police Memorial Park Fund shall be paid, subject
to appropriation by the General Assembly and distribution by
the Secretary, as grants to the Illinois State Police Heritage
Foundation, Inc. for building and maintaining a memorial and
park, holding an annual memorial commemoration, giving
scholarships to children of State police officers killed or
catastrophically injured in the line of duty, and providing
financial assistance to police officers and their families when
a police officer is killed or injured in the line of duty.
(Source: P.A. 98-469, eff. 8-16-13; revised 10-16-13.)
(625 ILCS 5/3-918)
Sec. 3-918. Vehicle registration and insurance. Beginning
with the 2016 registration year, any remittance agent engaged
in the business of remitting applications for the issuance or
renewal of vehicle registration shall ask applicants for
information relating to the insurance policy for the motor
vehicle, including the name of the insurer that issued the

policy, the policy number, and the expiration date of the
policy. This information shall be remitted to the Secretary of
State as part of the application. Failure to obtain this
information and supply it to the Secretary of State shall
subject the remittance agent to suspension or revocation of the
remittance agent's their license as described in Section 3-907
of this Code.
(Source: P.A. 98-539, eff. 1-1-14; revised 11-19-13.)
(625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
Sec. 5-301. Automotive parts recyclers, scrap processors,
repairers and rebuilders must be licensed.
(a) No person in this State shall, except as an incident to
the servicing of vehicles, carry on or conduct the business of
an a automotive parts recycler recyclers, a scrap processor, a
repairer, or a rebuilder, unless licensed to do so in writing
by the Secretary of State under this Section. No person shall
rebuild a salvage vehicle unless such person is licensed as a
rebuilder by the Secretary of State under this Section. No
person shall engage in the business of acquiring 5 or more
previously owned vehicles in one calendar year for the primary
purpose of disposing of those vehicles in the manner described
in the definition of a "scrap processor" in this Code unless
the person is licensed as an automotive parts recycler by the
Secretary of State under this Section. Each license shall be
applied for and issued separately, except that a license issued

to a new vehicle dealer under Section 5-101 of this Code shall
also be deemed to be a repairer license.
(b) Any application filed with the Secretary of State,
shall be duly verified by oath, in such form as the Secretary
of State may by rule or regulation prescribe and shall contain:
1. The name and type of business organization of the
applicant and his principal or additional places of
business, if any, in this State.
2. The kind or kinds of business enumerated in
subsection (a) of this Section to be conducted at each
location.
3. If the applicant is a corporation, a list of its
officers, directors, and shareholders having a ten percent
or greater ownership interest in the corporation, setting
forth the residence address of each; if the applicant is a
sole proprietorship, a partnership, an unincorporated
association, a trust, or any similar form of business
organization, the names and residence address of the
proprietor or of each partner, member, officer, director,
trustee or manager.
4. A statement that the applicant's officers,
directors, shareholders having a ten percent or greater
ownership interest therein, proprietor, partner, member,
officer, director, trustee, manager, or other principals
in the business have not committed in the past three years
any one violation as determined in any civil or criminal or

administrative proceedings of any one of the following
Acts:
(a) The Anti-Theft Anti Theft Laws of the Illinois
Vehicle Code;
(b) The "Certificate of Title Laws" of the Illinois
Vehicle Code;
(c) The "Offenses against Registration and
Certificates of Title Laws" of the Illinois Vehicle
Code;
(d) The "Dealers, Transporters, Wreckers and
Rebuilders Laws" of the Illinois Vehicle Code;
(e) Section 21-2 of the Criminal Code of 1961 or
the Criminal Code of 2012, Criminal Trespass to
Vehicles; or
(f) The Retailers Occupation Tax Act.
5. A statement that the applicant's officers,
directors, shareholders having a ten percent or greater
ownership interest therein, proprietor, partner, member,
officer, director, trustee, manager or other principals in
the business have not committed in any calendar year 3 or
more violations, as determined in any civil or criminal or
administrative proceedings, of any one or more of the
following Acts:
(a) The Consumer Finance Act;
(b) The Consumer Installment Loan Act;
(c) The Retail Installment Sales Act;

(d) The Motor Vehicle Retail Installment Sales
Act;
(e) The Interest Act;
(f) The Illinois Wage Assignment Act;
(g) Part 8 of Article XII of the Code of Civil
Procedure; or
(h) The Consumer Fraud Act.
6. An application for a license shall be accompanied by
the following fees: $50 for applicant's established place
of business; $25 for each additional place of business, if
any, to which the application pertains; provided, however,
that if such an application is made after June 15 of any
year, the license fee shall be $25 for applicant's
established place of business plus $12.50 for each
additional place of business, if any, to which the
application pertains. License fees shall be returnable
only in the event that such application shall be denied by
the Secretary of State.
7. A statement that the applicant understands Chapter 1
through Chapter 5 of this Code.
8. A statement that the applicant shall comply with
subsection (e) of this Section.
(c) Any change which renders no longer accurate any
information contained in any application for a license filed
with the Secretary of State shall be amended within 30 days
after the occurrence of such change on such form as the

Secretary of State may prescribe by rule or regulation,
accompanied by an amendatory fee of $2.
(d) Anything in this chapter to the contrary,
notwithstanding, no person shall be licensed under this Section
unless such person shall maintain an established place of
business as defined in this Chapter.
(e) The Secretary of State shall within a reasonable time
after receipt thereof, examine an application submitted to him
under this Section and unless he makes a determination that the
application submitted to him does not conform with the
requirements of this Section or that grounds exist for a denial
of the application, as prescribed in Section 5-501 of this
Chapter, grant the applicant an original license as applied for
in writing for his established place of business and a
supplemental license in writing for each additional place of
business in such form as he may prescribe by rule or regulation
which shall include the following:
1. The name of the person licensed;
2. If a corporation, the name and address of its
officers or if a sole proprietorship, a partnership, an
unincorporated association or any similar form of business
organization, the name and address of the proprietor or of
each partner, member, officer, director, trustee or
manager;
3. A designation of the kind or kinds of business
enumerated in subsection (a) of this Section to be

conducted at each location;
4. In the case of an original license, the established
place of business of the licensee;
5. In the case of a supplemental license, the
established place of business of the licensee and the
additional place of business to which such supplemental
license pertains.
(f) The appropriate instrument evidencing the license or a
certified copy thereof, provided by the Secretary of State
shall be kept, posted, conspicuously in the established place
of business of the licensee and in each additional place of
business, if any, maintained by such licensee. The licensee
also shall post conspicuously in the established place of
business and in each additional place of business a notice
which states that such business is required to be licensed by
the Secretary of State under Section 5-301, and which provides
the license number of the business and the license expiration
date. This notice also shall advise the consumer that any
complaints as to the quality of service may be brought to the
attention of the Attorney General. The information required on
this notice also shall be printed conspicuously on all
estimates and receipts for work by the licensee subject to this
Section. The Secretary of State shall prescribe the specific
format of this notice.
(g) Except as provided in subsection (h) hereof, licenses
granted under this Section shall expire by operation of law on

December 31 of the calendar year for which they are granted
unless sooner revoked or cancelled under the provisions of
Section 5-501 of this Chapter.
(h) Any license granted under this Section may be renewed
upon application and payment of the fee required herein as in
the case of an original license, provided, however, that in
case an application for the renewal of an effective license is
made during the month of December, such effective license shall
remain in force until such application is granted or denied by
the Secretary of State.
(i) All automotive repairers and rebuilders shall, in
addition to the requirements of subsections (a) through (h) of
this Section, meet the following licensing requirements:
1. Provide proof that the property on which first time
applicants plan to do business is in compliance with local
zoning laws and regulations, and a listing of zoning
classification;
2. Provide proof that the applicant for a repairer's
license complies with the proper workers' compensation
rate code or classification, and listing the code of
classification for that industry;
3. Provide proof that the applicant for a rebuilder's
license complies with the proper workers' compensation
rate code or classification for the repair industry or the
auto parts recycling industry and listing the code of
classification;

4. Provide proof that the applicant has obtained or
applied for a hazardous waste generator number, and listing
the actual number if available or certificate of exemption;
5. Provide proof that applicant has proper liability
insurance, and listing the name of the insurer and the
policy number; and
6. Provide proof that the applicant has obtained or
applied for the proper State sales tax classification and
federal identification tax number, and listing the actual
numbers if available.
(i-1) All automotive repairers shall provide proof that
they comply with all requirements of the Automotive Collision
Repair Act.
(j) All automotive parts recyclers shall, in addition to
the requirements of subsections (a) through (h) of this
Section, meet the following licensing requirements:
1. Provide a A statement that the applicant purchases 5
vehicles per year or has 5 hulks or chassis in stock;
2. Provide proof that the property on which all first
time applicants will do business does comply to the proper
local zoning laws in existence, and a listing of zoning
classifications;
3. Provide proof that applicant complies with the
proper workers' compensation rate code or classification,
and listing the code of classification; and
4. Provide proof that applicant has obtained or applied

for the proper State sales tax classification and federal
identification tax number, and listing the actual numbers
if available.
(Source: P.A. 97-832, eff. 7-20-12; 97-1150, eff. 1-25-13;
revised 9-24-13.)
(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
(Text of Section before amendment by P.A. 98-167)
Sec. 6-103. What persons shall not be licensed as drivers
or granted permits. The Secretary of State shall not issue,
renew, or allow the retention of any driver's license nor issue
any permit under this Code:
1. To any person, as a driver, who is under the age of
18 years except as provided in Section 6-107, and except
that an instruction permit may be issued under Section
6-107.1 to a child who is not less than 15 years of age if
the child is enrolled in an approved driver education
course as defined in Section 1-103 of this Code and
requires an instruction permit to participate therein,
except that an instruction permit may be issued under the
provisions of Section 6-107.1 to a child who is 17 years
and 3 months of age without the child having enrolled in an
approved driver education course and except that an
instruction permit may be issued to a child who is at least
15 years and 3 months of age, is enrolled in school, meets
the educational requirements of the Driver Education Act,

and has passed examinations the Secretary of State in his
or her discretion may prescribe;
2. To any person who is under the age of 18 as an
operator of a motorcycle other than a motor driven cycle
unless the person has, in addition to meeting the
provisions of Section 6-107 of this Code, successfully
completed a motorcycle training course approved by the
Illinois Department of Transportation and successfully
completes the required Secretary of State's motorcycle
driver's examination;
3. To any person, as a driver, whose driver's license
or permit has been suspended, during the suspension, nor to
any person whose driver's license or permit has been
revoked, except as provided in Sections 6-205, 6-206, and
6-208;
4. To any person, as a driver, who is a user of alcohol
or any other drug to a degree that renders the person
incapable of safely driving a motor vehicle;
5. To any person, as a driver, who has previously been
adjudged to be afflicted with or suffering from any mental
or physical disability or disease and who has not at the
time of application been restored to competency by the
methods provided by law;
6. To any person, as a driver, who is required by the
Secretary of State to submit an alcohol and drug evaluation
or take an examination provided for in this Code unless the

person has successfully passed the examination and
submitted any required evaluation;
7. To any person who is required under the provisions
of the laws of this State to deposit security or proof of
financial responsibility and who has not deposited the
security or proof;
8. To any person when the Secretary of State has good
cause to believe that the person by reason of physical or
mental disability would not be able to safely operate a
motor vehicle upon the highways, unless the person shall
furnish to the Secretary of State a verified written
statement, acceptable to the Secretary of State, from a
competent medical specialist, a licensed physician
assistant who has been delegated the performance of medical
examinations by his or her supervising physician, or a
licensed advanced practice nurse who has a written
collaborative agreement with a collaborating physician
which authorizes him or her to perform medical
examinations, to the effect that the operation of a motor
vehicle by the person would not be inimical to the public
safety;
9. To any person, as a driver, who is 69 years of age
or older, unless the person has successfully complied with
the provisions of Section 6-109;
10. To any person convicted, within 12 months of
application for a license, of any of the sexual offenses

enumerated in paragraph 2 of subsection (b) of Section
6-205;
11. To any person who is under the age of 21 years with
a classification prohibited in paragraph (b) of Section
6-104 and to any person who is under the age of 18 years
with a classification prohibited in paragraph (c) of
Section 6-104;
12. To any person who has been either convicted of or
adjudicated under the Juvenile Court Act of 1987 based upon
a violation of the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act while that person was in
actual physical control of a motor vehicle. For purposes of
this Section, any person placed on probation under Section
10 of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act shall
not be considered convicted. Any person found guilty of
this offense, while in actual physical control of a motor
vehicle, shall have an entry made in the court record by
the judge that this offense did occur while the person was
in actual physical control of a motor vehicle and order the
clerk of the court to report the violation to the Secretary
of State as such. The Secretary of State shall not issue a
new license or permit for a period of one year;
13. To any person who is under the age of 18 years and

who has committed the offense of operating a motor vehicle
without a valid license or permit in violation of Section
6-101 or a similar out of state offense;
14. To any person who is 90 days or more delinquent in
court ordered child support payments or has been
adjudicated in arrears in an amount equal to 90 days'
obligation or more and who has been found in contempt of
court for failure to pay the support, subject to the
requirements and procedures of Article VII of Chapter 7 of
the Illinois Vehicle Code;
14.5. To any person certified by the Illinois
Department of Healthcare and Family Services as being 90
days or more delinquent in payment of support under an
order of support entered by a court or administrative body
of this or any other State, subject to the requirements and
procedures of Article VII of Chapter 7 of this Code
regarding those certifications;
15. To any person released from a term of imprisonment
for violating Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, or a similar provision of a law
of another state relating to reckless homicide or for
violating subparagraph (F) of paragraph (1) of subsection
(d) of Section 11-501 of this Code relating to aggravated
driving under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or any
combination thereof, if the violation was the proximate

cause of a death, within 24 months of release from a term
of imprisonment;
16. To any person who, with intent to influence any act
related to the issuance of any driver's license or permit,
by an employee of the Secretary of State's Office, or the
owner or employee of any commercial driver training school
licensed by the Secretary of State, or any other individual
authorized by the laws of this State to give driving
instructions or administer all or part of a driver's
license examination, promises or tenders to that person any
property or personal advantage which that person is not
authorized by law to accept. Any persons promising or
tendering such property or personal advantage shall be
disqualified from holding any class of driver's license or
permit for 120 consecutive days. The Secretary of State
shall establish by rule the procedures for implementing
this period of disqualification and the procedures by which
persons so disqualified may obtain administrative review
of the decision to disqualify;
17. To any person for whom the Secretary of State
cannot verify the accuracy of any information or
documentation submitted in application for a driver's
license; or
18. To any person who has been adjudicated under the
Juvenile Court Act of 1987 based upon an offense that is
determined by the court to have been committed in

furtherance of the criminal activities of an organized
gang, as provided in Section 5-710 of that Act, and that
involved the operation or use of a motor vehicle or the use
of a driver's license or permit. The person shall be denied
a license or permit for the period determined by the court.
The Secretary of State shall retain all conviction
information, if the information is required to be held
confidential under the Juvenile Court Act of 1987.
(Source: P.A. 96-607, eff. 8-24-09; 96-740, eff. 1-1-10;
96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 97-185, eff.
7-22-11; 97-1150, eff. 1-25-13.)
(Text of Section after amendment by P.A. 98-167)
Sec. 6-103. What persons shall not be licensed as drivers
or granted permits. The Secretary of State shall not issue,
renew, or allow the retention of any driver's license nor issue
any permit under this Code:
1. To any person, as a driver, who is under the age of
18 years except as provided in Section 6-107, and except
that an instruction permit may be issued under Section
6-107.1 to a child who is not less than 15 years of age if
the child is enrolled in an approved driver education
course as defined in Section 1-103 of this Code and
requires an instruction permit to participate therein,
except that an instruction permit may be issued under the
provisions of Section 6-107.1 to a child who is 17 years

and 3 months of age without the child having enrolled in an
approved driver education course and except that an
instruction permit may be issued to a child who is at least
15 years and 3 months of age, is enrolled in school, meets
the educational requirements of the Driver Education Act,
and has passed examinations the Secretary of State in his
or her discretion may prescribe;
1.5. To any person at least 18 years of age but less
than 21 years of age unless the person has, in addition to
any other requirements of this Code, successfully
completed an adult driver education course as provided in
Section 6-107.5 of this Code; .
2. To any person who is under the age of 18 as an
operator of a motorcycle other than a motor driven cycle
unless the person has, in addition to meeting the
provisions of Section 6-107 of this Code, successfully
completed a motorcycle training course approved by the
Illinois Department of Transportation and successfully
completes the required Secretary of State's motorcycle
driver's examination;
3. To any person, as a driver, whose driver's license
or permit has been suspended, during the suspension, nor to
any person whose driver's license or permit has been
revoked, except as provided in Sections 6-205, 6-206, and
6-208;
4. To any person, as a driver, who is a user of alcohol

or any other drug to a degree that renders the person
incapable of safely driving a motor vehicle;
5. To any person, as a driver, who has previously been
adjudged to be afflicted with or suffering from any mental
or physical disability or disease and who has not at the
time of application been restored to competency by the
methods provided by law;
6. To any person, as a driver, who is required by the
Secretary of State to submit an alcohol and drug evaluation
or take an examination provided for in this Code unless the
person has successfully passed the examination and
submitted any required evaluation;
7. To any person who is required under the provisions
of the laws of this State to deposit security or proof of
financial responsibility and who has not deposited the
security or proof;
8. To any person when the Secretary of State has good
cause to believe that the person by reason of physical or
mental disability would not be able to safely operate a
motor vehicle upon the highways, unless the person shall
furnish to the Secretary of State a verified written
statement, acceptable to the Secretary of State, from a
competent medical specialist, a licensed physician
assistant who has been delegated the performance of medical
examinations by his or her supervising physician, or a
licensed advanced practice nurse who has a written

collaborative agreement with a collaborating physician
which authorizes him or her to perform medical
examinations, to the effect that the operation of a motor
vehicle by the person would not be inimical to the public
safety;
9. To any person, as a driver, who is 69 years of age
or older, unless the person has successfully complied with
the provisions of Section 6-109;
10. To any person convicted, within 12 months of
application for a license, of any of the sexual offenses
enumerated in paragraph 2 of subsection (b) of Section
6-205;
11. To any person who is under the age of 21 years with
a classification prohibited in paragraph (b) of Section
6-104 and to any person who is under the age of 18 years
with a classification prohibited in paragraph (c) of
Section 6-104;
12. To any person who has been either convicted of or
adjudicated under the Juvenile Court Act of 1987 based upon
a violation of the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act while that person was in
actual physical control of a motor vehicle. For purposes of
this Section, any person placed on probation under Section
10 of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the

Methamphetamine Control and Community Protection Act shall
not be considered convicted. Any person found guilty of
this offense, while in actual physical control of a motor
vehicle, shall have an entry made in the court record by
the judge that this offense did occur while the person was
in actual physical control of a motor vehicle and order the
clerk of the court to report the violation to the Secretary
of State as such. The Secretary of State shall not issue a
new license or permit for a period of one year;
13. To any person who is under the age of 18 years and
who has committed the offense of operating a motor vehicle
without a valid license or permit in violation of Section
6-101 or a similar out of state offense;
14. To any person who is 90 days or more delinquent in
court ordered child support payments or has been
adjudicated in arrears in an amount equal to 90 days'
obligation or more and who has been found in contempt of
court for failure to pay the support, subject to the
requirements and procedures of Article VII of Chapter 7 of
the Illinois Vehicle Code;
14.5. To any person certified by the Illinois
Department of Healthcare and Family Services as being 90
days or more delinquent in payment of support under an
order of support entered by a court or administrative body
of this or any other State, subject to the requirements and
procedures of Article VII of Chapter 7 of this Code

regarding those certifications;
15. To any person released from a term of imprisonment
for violating Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, or a similar provision of a law
of another state relating to reckless homicide or for
violating subparagraph (F) of paragraph (1) of subsection
(d) of Section 11-501 of this Code relating to aggravated
driving under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or any
combination thereof, if the violation was the proximate
cause of a death, within 24 months of release from a term
of imprisonment;
16. To any person who, with intent to influence any act
related to the issuance of any driver's license or permit,
by an employee of the Secretary of State's Office, or the
owner or employee of any commercial driver training school
licensed by the Secretary of State, or any other individual
authorized by the laws of this State to give driving
instructions or administer all or part of a driver's
license examination, promises or tenders to that person any
property or personal advantage which that person is not
authorized by law to accept. Any persons promising or
tendering such property or personal advantage shall be
disqualified from holding any class of driver's license or
permit for 120 consecutive days. The Secretary of State
shall establish by rule the procedures for implementing

this period of disqualification and the procedures by which
persons so disqualified may obtain administrative review
of the decision to disqualify;
17. To any person for whom the Secretary of State
cannot verify the accuracy of any information or
documentation submitted in application for a driver's
license; or
18. To any person who has been adjudicated under the
Juvenile Court Act of 1987 based upon an offense that is
determined by the court to have been committed in
furtherance of the criminal activities of an organized
gang, as provided in Section 5-710 of that Act, and that
involved the operation or use of a motor vehicle or the use
of a driver's license or permit. The person shall be denied
a license or permit for the period determined by the court.
The Secretary of State shall retain all conviction
information, if the information is required to be held
confidential under the Juvenile Court Act of 1987.
(Source: P.A. 97-185, eff. 7-22-11; 97-1150, eff. 1-25-13;
98-167, eff. 7-1-14; revised 9-18-13.)
(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 Act 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 1 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.
(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 Act 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 Act,
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 Chapter. The acceptable forms of proof shall include,
but are not limited to, Department of Defense form DD-214. The
Secretary shall determine by rule what other forms of proof of
a person's status as a veteran are acceptable.
The Illinois Department of Veterans' Affairs shall confirm
the status of the applicant as an honorably discharged veteran
before the Secretary may issue the driver's license.
For purposes of this subsection (e):
"Active duty" means active duty under 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.
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or National

Guard unit called to active duty.
"Veteran" means a person who has served on active duty in
the armed forces and was discharged or separated under
honorable conditions.
(Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13; 97-847,
eff. 1-1-13; 98-323, eff. 1-1-14; 98-463, eff. 8-16-13; revised
11-19-13.)
(625 ILCS 5/6-108) (from Ch. 95 1/2, par. 6-108)
Sec. 6-108. Cancellation of license issued to minor.
(a) The Secretary of State shall cancel the license or
permit of any minor under the age of 18 years in any of the
following events:
1. Upon the verified written request of the person who
consented to the application of the minor that the license
or permit be cancelled;
2. Upon receipt of satisfactory evidence of the death
of the person who consented to the application of the
minor;
3. Upon receipt of satisfactory evidence that the
person who consented to the application of a minor no
longer has legal custody of the minor;
4. Upon receipt of information, submitted on a form
prescribed by the Secretary of State under Section 26-3a of
the School Code and provided voluntarily by nonpublic
schools, that a license-holding minor no longer meets the

school attendance requirements defined in Section 6-107 of
this Code.
A minor who provides proof acceptable to the Secretary
that the minor has resumed regular school attendance or
home instruction or that his or her license or permit was
cancelled in error shall have his or her license
reinstated. The Secretary shall adopt rules for
implementing this subdivision (a)4; .
5. Upon determination by the Secretary that at the time
of license issuance, the minor held an instruction permit
and had a traffic citation for which a disposition had not
been rendered.
After cancellation, the Secretary of State shall not issue
a new license or permit until the applicant meets the
provisions of Section 6-107 of this Code.
(b) The Secretary of State shall cancel the license or
permit of any person under the age of 18 years if he or she is
convicted of violating the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control and
Community Protection Act while that person was in actual
physical control of a motor vehicle. For purposes of this
Section, any person placed on probation under Section 10 of the
Cannabis Control Act, Section 410 of the Illinois Controlled
Substances Act, or Section 70 of the Methamphetamine Control
and Community Protection Act shall not be considered convicted.
Any person found guilty of this offense, while in actual

physical control of a motor vehicle, shall have an entry made
in the court record by the judge that this offense did occur
while the person was in actual physical control of a motor
vehicle and order the clerk of the court to report the
violation to the Secretary of State as such. After the
cancellation, the Secretary of State shall not issue a new
license or permit for a period of one year after the date of
cancellation or until the minor attains the age of 18 years,
whichever is longer. However, upon application, the Secretary
of State may, if satisfied that the person applying will not
endanger the public safety, or welfare, issue a restricted
driving permit granting the privilege of driving a motor
vehicle between the person's residence and person's place of
employment or within the scope of the person's employment
related duties, or to allow transportation for the person or a
household member of the person's family for the receipt of
necessary medical care or, if the professional evaluation
indicates, provide transportation for the petitioner for
alcohol remedial or rehabilitative activity, or for the person
to attend classes, as a student, in an accredited educational
institution; if the person is able to demonstrate that no
alternative means of transportation is reasonably available;
provided that the Secretary's discretion shall be limited to
cases where undue hardship would result from a failure to issue
such restricted driving permit. In each case the Secretary of
State may issue a restricted driving permit for a period as he

deems appropriate, except that the permit shall expire within
one year from the date of issuance. A restricted driving permit
issued hereunder 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 hereunder 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 driver remedial or rehabilitative
program. Thereafter, upon reapplication for a license as
provided in Section 6-106 of this Code or a permit as provided
in Section 6-105 of this Code and upon payment of the
appropriate application fee, the Secretary of State shall issue
the applicant a license as provided in Section 6-106 of this
Code or shall issue the applicant a permit as provided in
Section 6-105.
(Source: P.A. 98-168, eff. 1-1-14; revised 11-19-13.)
(625 ILCS 5/6-118)
(Text of Section before amendment by P.A. 98-176)
Sec. 6-118. Fees.
(a) The fee for licenses and permits under this Article is
as follows:

Original driver's license.............................$30
Original or renewal driver's license
issued to 18, 19 and 20 year olds.................. 5
All driver's licenses for persons
age 69 through age 80.............................. 5
All driver's licenses for persons
age 81 through age 86.............................. 2
All driver's licenses for persons
age 87 or older.....................................0
Renewal driver's license (except for
applicants ages 18, 19 and 20 or
age 69 and older)..................................30
Original instruction permit issued to
persons (except those age 69 and older)
who do not hold or have not previously
held an Illinois instruction permit or
driver's license.................................. 20
Instruction permit issued to any person
holding an Illinois driver's license
who wishes a change in classifications,
other than at the time of renewal.................. 5
Any instruction permit issued to a person
age 69 and older................................... 5
Instruction permit issued to any person,
under age 69, not currently holding a
valid Illinois driver's license or

instruction permit but who has
previously been issued either document
in Illinois....................................... 10
Restricted driving permit.............................. 8
Monitoring device driving permit...................... 8
Duplicate or corrected driver's license
or permit.......................................... 5
Duplicate or corrected restricted
driving permit..................................... 5
Duplicate or corrected monitoring
device driving permit.................................. 5
Duplicate driver's license or permit issued to
an active-duty member of the
United States Armed Forces,
the member's spouse, or
the dependent children living
with the member................................... 0
Original or renewal M or L endorsement................. 5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
The fees for commercial driver licenses and permits
under Article V shall be as follows:
Commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
(Commercial Driver's License Information
System/American Association of Motor Vehicle
Administrators network/National Motor Vehicle

Title Information Service Trust Fund);
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license;
and $24 for the CDL:............................. $60
Renewal commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license; and
$24 for the CDL:................................. $60
Commercial driver instruction permit
issued to any person holding a valid
Illinois driver's license for the
purpose of changing to a
CDL classification: $6 for the
CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier
Safety Inspection Fund; and
$24 for the CDL classification................... $50
Commercial driver instruction permit
issued to any person holding a valid
Illinois CDL for the purpose of
making a change in a classification,
endorsement or restriction........................ $5
CDL duplicate or corrected license.................... $5
In order to ensure the proper implementation of the Uniform
Commercial Driver License Act, Article V of this Chapter, the

Secretary of State is empowered to pro-rate the $24 fee for the
commercial driver's license proportionate to the expiration
date of the applicant's Illinois driver's license.
The fee for any duplicate license or permit shall be waived
for any person who presents the Secretary of State's office
with a police report showing that his license or permit was
stolen.
The fee for any duplicate license or permit shall be waived
for any person age 60 or older whose driver's license or permit
has been lost or stolen.
No additional fee shall be charged for a driver's license,
or for a commercial driver's license, when issued to the holder
of an instruction permit for the same classification or type of
license who becomes eligible for such license.
(b) Any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked under
Section 3-707, any provision of Chapter 6, Chapter 11, or
Section 7-205, 7-303, or 7-702 of the Family Financial
Responsibility Law of this Code, shall in addition to any other
fees required by this Code, pay a reinstatement fee as follows:
Suspension under Section 3-707..................... $100
Summary suspension under Section 11-501.1...........$250
Summary revocation under Section 11-501.1............$500
Other suspension......................................$70
Revocation...........................................$500
However, any person whose license or privilege to operate a

motor vehicle in this State has been suspended or revoked for a
second or subsequent time for a violation of Section 11-501 or
11-501.1 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense or Section 9-3 of
the Criminal Code of 1961 or the Criminal Code of 2012 and each
suspension or revocation was for a violation of Section 11-501
or 11-501.1 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense or Section 9-3 of
the Criminal Code of 1961 or the Criminal Code of 2012 shall
pay, in addition to any other fees required by this Code, a
reinstatement fee as follows:
Summary suspension under Section 11-501.1............$500
Summary revocation under Section 11-501.1............$500
Revocation...........................................$500
(c) All fees collected under the provisions of this Chapter
6 shall be paid into the Road Fund in the State Treasury except
as follows:
1. The following amounts shall be paid into the Driver
Education Fund:
(A) $16 of the $20 fee for an original driver's
instruction permit;
(B) $5 of the $30 fee for an original driver's
license;
(C) $5 of the $30 fee for a 4 year renewal driver's
license;
(D) $4 of the $8 fee for a restricted driving

permit; and
(E) $4 of the $8 fee for a monitoring device
driving permit.
2. $30 of the $250 fee for reinstatement of a license
summarily suspended under Section 11-501.1 shall be
deposited into the Drunk and Drugged Driving Prevention
Fund. However, for a person whose license or privilege to
operate a motor vehicle in this State has been suspended or
revoked for a second or subsequent time for a violation of
Section 11-501 or 11-501.1 of this Code or Section 9-3 of
the Criminal Code of 1961 or the Criminal Code of 2012,
$190 of the $500 fee for reinstatement of a license
summarily suspended under Section 11-501.1, and $190 of the
$500 fee for reinstatement of a revoked license shall be
deposited into the Drunk and Drugged Driving Prevention
Fund. $190 of the $500 fee for reinstatement of a license
summarily revoked pursuant to Section 11-501.1 shall be
deposited into the Drunk and Drugged Driving Prevention
Fund.
3. $6 of such original or renewal fee for a commercial
driver's license and $6 of the commercial driver
instruction permit fee when such permit is issued to any
person holding a valid Illinois driver's license, shall be
paid into the CDLIS/AAMVAnet/NMVTIS Trust Fund.
4. $30 of the $70 fee for reinstatement of a license
suspended under the Family Financial Responsibility Law

shall be paid into the Family Responsibility Fund.
5. The $5 fee for each original or renewal M or L
endorsement shall be deposited into the Cycle Rider Safety
Training Fund.
6. $20 of any original or renewal fee for a commercial
driver's license or commercial driver instruction permit
shall be paid into the Motor Carrier Safety Inspection
Fund.
7. The following amounts shall be paid into the General
Revenue Fund:
(A) $190 of the $250 reinstatement fee for a
summary suspension under Section 11-501.1;
(B) $40 of the $70 reinstatement fee for any other
suspension provided in subsection (b) of this Section;
and
(C) $440 of the $500 reinstatement fee for a first
offense revocation and $310 of the $500 reinstatement
fee for a second or subsequent revocation.
(d) All of the proceeds of the additional fees imposed by
this amendatory Act of the 96th General Assembly shall be
deposited into the Capital Projects Fund.
(e) The additional fees imposed by this amendatory Act of
the 96th General Assembly shall become effective 90 days after
becoming law.
(f) As used in this Section, "active-duty member of the
United States Armed Forces" means a member of the Armed

Services or Reserve Forces of the United States or a member of
the Illinois National Guard who is called to active duty
pursuant to an executive order of the President of the United
States, an act of the Congress of the United States, or an
order of the Governor.
(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
98-177, eff. 1-1-14.)
(Text of Section after amendment by P.A. 98-176)
Sec. 6-118. Fees.
(a) The fee for licenses and permits under this Article is
as follows:
Original driver's license.............................$30
Original or renewal driver's license
issued to 18, 19 and 20 year olds.................. 5
All driver's licenses for persons
age 69 through age 80.............................. 5
All driver's licenses for persons
age 81 through age 86.............................. 2
All driver's licenses for persons
age 87 or older.....................................0
Renewal driver's license (except for
applicants ages 18, 19 and 20 or
age 69 and older)..................................30
Original instruction permit issued to
persons (except those age 69 and older)

who do not hold or have not previously
held an Illinois instruction permit or
driver's license.................................. 20
Instruction permit issued to any person
holding an Illinois driver's license
who wishes a change in classifications,
other than at the time of renewal.................. 5
Any instruction permit issued to a person
age 69 and older................................... 5
Instruction permit issued to any person,
under age 69, not currently holding a
valid Illinois driver's license or
instruction permit but who has
previously been issued either document
in Illinois....................................... 10
Restricted driving permit.............................. 8
Monitoring device driving permit...................... 8
Duplicate or corrected driver's license
or permit.......................................... 5
Duplicate or corrected restricted
driving permit..................................... 5
Duplicate or corrected monitoring
device driving permit.................................. 5
Duplicate driver's license or permit issued to
an active-duty member of the
United States Armed Forces,

the member's spouse, or
the dependent children living
with the member................................... 0
Original or renewal M or L endorsement................. 5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
The fees for commercial driver licenses and permits
under Article V shall be as follows:
Commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
(Commercial Driver's License Information
System/American Association of Motor Vehicle
Administrators network/National Motor Vehicle
Title Information Service Trust Fund);
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license;
and $24 for the CDL:............................. $60
Renewal commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license; and
$24 for the CDL:................................. $60
Commercial learner's permit
issued to any person holding a valid
Illinois driver's license for the
purpose of changing to a
CDL classification: $6 for the

CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier
Safety Inspection Fund; and
$24 for the CDL classification................... $50
Commercial learner's permit
issued to any person holding a valid
Illinois CDL for the purpose of
making a change in a classification,
endorsement or restriction........................ $5
CDL duplicate or corrected license.................... $5
In order to ensure the proper implementation of the Uniform
Commercial Driver License Act, Article V of this Chapter, the
Secretary of State is empowered to pro-rate the $24 fee for the
commercial driver's license proportionate to the expiration
date of the applicant's Illinois driver's license.
The fee for any duplicate license or permit shall be waived
for any person who presents the Secretary of State's office
with a police report showing that his license or permit was
stolen.
The fee for any duplicate license or permit shall be waived
for any person age 60 or older whose driver's license or permit
has been lost or stolen.
No additional fee shall be charged for a driver's license,
or for a commercial driver's license, when issued to the holder
of an instruction permit for the same classification or type of
license who becomes eligible for such license.

(b) Any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked under
Section 3-707, any provision of Chapter 6, Chapter 11, or
Section 7-205, 7-303, or 7-702 of the Family Financial
Responsibility Law of this Code, shall in addition to any other
fees required by this Code, pay a reinstatement fee as follows:
Suspension under Section 3-707..................... $100
Summary suspension under Section 11-501.1...........$250
Summary revocation under Section 11-501.1............$500
Other suspension......................................$70
Revocation...........................................$500
However, any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked for a
second or subsequent time for a violation of Section 11-501 or
11-501.1 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense or Section 9-3 of
the Criminal Code of 1961 or the Criminal Code of 2012 and each
suspension or revocation was for a violation of Section 11-501
or 11-501.1 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense or Section 9-3 of
the Criminal Code of 1961 or the Criminal Code of 2012 shall
pay, in addition to any other fees required by this Code, a
reinstatement fee as follows:
Summary suspension under Section 11-501.1............$500
Summary revocation under Section 11-501.1............$500
Revocation...........................................$500

(c) All fees collected under the provisions of this Chapter
6 shall be paid into the Road Fund in the State Treasury except
as follows:
1. The following amounts shall be paid into the Driver
Education Fund:
(A) $16 of the $20 fee for an original driver's
instruction permit;
(B) $5 of the $30 fee for an original driver's
license;
(C) $5 of the $30 fee for a 4 year renewal driver's
license;
(D) $4 of the $8 fee for a restricted driving
permit; and
(E) $4 of the $8 fee for a monitoring device
driving permit.
2. $30 of the $250 fee for reinstatement of a license
summarily suspended under Section 11-501.1 shall be
deposited into the Drunk and Drugged Driving Prevention
Fund. However, for a person whose license or privilege to
operate a motor vehicle in this State has been suspended or
revoked for a second or subsequent time for a violation of
Section 11-501 or 11-501.1 of this Code or Section 9-3 of
the Criminal Code of 1961 or the Criminal Code of 2012,
$190 of the $500 fee for reinstatement of a license
summarily suspended under Section 11-501.1, and $190 of the
$500 fee for reinstatement of a revoked license shall be

deposited into the Drunk and Drugged Driving Prevention
Fund. $190 of the $500 fee for reinstatement of a license
summarily revoked pursuant to Section 11-501.1 shall be
deposited into the Drunk and Drugged Driving Prevention
Fund.
3. $6 of the original or renewal fee for a commercial
driver's license and $6 of the commercial learner's permit
fee when the permit is issued to any person holding a valid
Illinois driver's license, shall be paid into the
CDLIS/AAMVAnet/NMVTIS Trust Fund.
4. $30 of the $70 fee for reinstatement of a license
suspended under the Family Financial Responsibility Law
shall be paid into the Family Responsibility Fund.
5. The $5 fee for each original or renewal M or L
endorsement shall be deposited into the Cycle Rider Safety
Training Fund.
6. $20 of any original or renewal fee for a commercial
driver's license or commercial learner's permit shall be
paid into the Motor Carrier Safety Inspection Fund.
7. The following amounts shall be paid into the General
Revenue Fund:
(A) $190 of the $250 reinstatement fee for a
summary suspension under Section 11-501.1;
(B) $40 of the $70 reinstatement fee for any other
suspension provided in subsection (b) of this Section;
and

(C) $440 of the $500 reinstatement fee for a first
offense revocation and $310 of the $500 reinstatement
fee for a second or subsequent revocation.
(d) All of the proceeds of the additional fees imposed by
this amendatory Act of the 96th General Assembly shall be
deposited into the Capital Projects Fund.
(e) The additional fees imposed by this amendatory Act of
the 96th General Assembly shall become effective 90 days after
becoming law.
(f) As used in this Section, "active-duty member of the
United States Armed Forces" means a member of the Armed
Services or Reserve Forces of the United States or a member of
the Illinois National Guard who is called to active duty
pursuant to an executive order of the President of the United
States, an act of the Congress of the United States, or an
order of the Governor.
(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
98-176, eff. 7-1-14; 98-177, eff. 1-1-14; revised 9-19-13.)
(625 ILCS 5/6-201)
(Text of Section before amendment by P.A. 98-176)
Sec. 6-201. Authority to cancel licenses and permits.
(a) The Secretary of State is authorized to cancel any
license or permit upon determining that the holder thereof:
1. was not entitled to the issuance thereof hereunder;
or

2. failed to give the required or correct information
in his application; or
3. failed to pay any fees, civil penalties owed to the
Illinois Commerce Commission, or taxes due under this Act
and upon reasonable notice and demand; or
4. committed any fraud in the making of such
application; or
5. is ineligible therefor under the provisions of
Section 6-103 of this Act, as amended; or
6. has refused or neglected to submit an alcohol, drug,
and intoxicating compound evaluation or to submit to
examination or re-examination as required under this Act;
or
7. has been convicted of violating the Cannabis Control
Act, the Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act, or
the Use of Intoxicating Compounds Act while that individual
was in actual physical control of a motor vehicle. For
purposes of this Section, any person placed on probation
under Section 10 of the Cannabis Control Act, Section 410
of the Illinois Controlled Substances Act, or Section 70 of
the Methamphetamine Control and Community Protection Act
shall not be considered convicted. Any person found guilty
of this offense, while in actual physical control of a
motor vehicle, shall have an entry made in the court record
by the judge that this offense did occur while the person

was in actual physical control of a motor vehicle and order
the clerk of the court to report the violation to the
Secretary of State as such. After the cancellation, the
Secretary of State shall not issue a new license or permit
for a period of one year after the date of cancellation.
However, upon application, the Secretary of State may, if
satisfied that the person applying will not endanger the
public safety, or welfare, issue a restricted driving
permit granting the privilege of driving a motor vehicle
between the petitioner's residence and petitioner's place
of employment or within the scope of the petitioner's
employment related duties, or to allow transportation for
the petitioner or a household member of the petitioner's
family for the receipt of necessary medical care, or
provide transportation for the petitioner to and from
alcohol or drug remedial or rehabilitative activity
recommended by a licensed service provider, or for the
petitioner to attend classes, as a student, in an
accredited educational institution. The petitioner must
demonstrate that no alternative means of transportation is
reasonably available; provided that the Secretary's
discretion shall be limited to cases where undue hardship,
as defined by the rules of the Secretary of State, would
result from a failure to issue such restricted driving
permit. In each case the Secretary of State may issue such
restricted driving permit for such period as he deems

appropriate, except that such permit shall expire within
one year from the date of issuance. A restricted driving
permit issued hereunder 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
hereunder 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 driver remedial or rehabilitative
program. In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding
a CDL whose driving privileges have been revoked,
suspended, cancelled, or disqualified under this Code; or
8. failed to submit a report as required by Section
6-116.5 of this Code; or
9. has been convicted of a sex offense as defined in
the Sex Offender Registration Act. The driver's license
shall remain cancelled until the driver registers as a sex
offender as required by the Sex Offender Registration Act,
proof of the registration is furnished to the Secretary of
State and the sex offender provides proof of current

address to the Secretary; or
10. is ineligible for a license or permit under Section
6-107, 6-107.1, or 6-108 of this Code; or
11. refused or neglected to appear at a Driver Services
facility to have the license or permit corrected and a new
license or permit issued or to present documentation for
verification of identity; or
12. failed to submit a medical examiner's certificate
or medical variance as required by 49 C.F.R. 383.71 or
submitted a fraudulent medical examiner's certificate or
medical variance; or
13. has had his or her medical examiner's certificate,
medical variance, or both removed or rescinded by the
Federal Motor Carrier Safety Administration; or
14. failed to self-certify as to the type of driving in
which the CDL driver engages or expects to engage; or
15. has submitted acceptable documentation indicating
out-of-state residency to the Secretary of State to be
released from the requirement of showing proof of financial
responsibility in this State.
(b) Upon such cancellation the licensee or permittee must
surrender the license or permit so cancelled to the Secretary
of State.
(c) Except as provided in Sections 6-206.1 and 7-702.1, the
Secretary of State shall have exclusive authority to grant,
issue, deny, cancel, suspend and revoke driving privileges,

drivers' licenses and restricted driving permits.
(d) The Secretary of State may adopt rules to implement
this Section.
(Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11;
97-813, eff. 7-13-12; 97-835, eff. 7-20-12; 98-178, eff.
1-1-14.)
(Text of Section after amendment by P.A. 98-176)
Sec. 6-201. Authority to cancel licenses and permits.
(a) The Secretary of State is authorized to cancel any
license or permit upon determining that the holder thereof:
1. was not entitled to the issuance thereof hereunder;
or
2. failed to give the required or correct information
in his application; or
3. failed to pay any fees, civil penalties owed to the
Illinois Commerce Commission, or taxes due under this Act
and upon reasonable notice and demand; or
4. committed any fraud in the making of such
application; or
5. is ineligible therefor under the provisions of
Section 6-103 of this Act, as amended; or
6. has refused or neglected to submit an alcohol, drug,
and intoxicating compound evaluation or to submit to
examination or re-examination as required under this Act;
or

7. has been convicted of violating the Cannabis Control
Act, the Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act, or
the Use of Intoxicating Compounds Act while that individual
was in actual physical control of a motor vehicle. For
purposes of this Section, any person placed on probation
under Section 10 of the Cannabis Control Act, Section 410
of the Illinois Controlled Substances Act, or Section 70 of
the Methamphetamine Control and Community Protection Act
shall not be considered convicted. Any person found guilty
of this offense, while in actual physical control of a
motor vehicle, shall have an entry made in the court record
by the judge that this offense did occur while the person
was in actual physical control of a motor vehicle and order
the clerk of the court to report the violation to the
Secretary of State as such. After the cancellation, the
Secretary of State shall not issue a new license or permit
for a period of one year after the date of cancellation.
However, upon application, the Secretary of State may, if
satisfied that the person applying will not endanger the
public safety, or welfare, issue a restricted driving
permit granting the privilege of driving a motor vehicle
between the petitioner's residence and petitioner's place
of employment or within the scope of the petitioner's
employment related duties, or to allow transportation for
the petitioner or a household member of the petitioner's

family for the receipt of necessary medical care, or
provide transportation for the petitioner to and from
alcohol or drug remedial or rehabilitative activity
recommended by a licensed service provider, or for the
petitioner to attend classes, as a student, in an
accredited educational institution. The petitioner must
demonstrate that no alternative means of transportation is
reasonably available; provided that the Secretary's
discretion shall be limited to cases where undue hardship,
as defined by the rules of the Secretary of State, would
result from a failure to issue such restricted driving
permit. In each case the Secretary of State may issue such
restricted driving permit for such period as he deems
appropriate, except that such permit shall expire within
one year from the date of issuance. A restricted driving
permit issued hereunder 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
hereunder 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 driver remedial or rehabilitative

program. In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding
a CDL whose driving privileges have been revoked,
suspended, cancelled, or disqualified under this Code; or
8. failed to submit a report as required by Section
6-116.5 of this Code; or
9. has been convicted of a sex offense as defined in
the Sex Offender Registration Act. The driver's license
shall remain cancelled until the driver registers as a sex
offender as required by the Sex Offender Registration Act,
proof of the registration is furnished to the Secretary of
State and the sex offender provides proof of current
address to the Secretary; or
10. is ineligible for a license or permit under Section
6-107, 6-107.1, or 6-108 of this Code; or
11. refused or neglected to appear at a Driver Services
facility to have the license or permit corrected and a new
license or permit issued or to present documentation for
verification of identity; or
12. failed to submit a medical examiner's certificate
or medical variance as required by 49 C.F.R. 383.71 or
submitted a fraudulent medical examiner's certificate or
medical variance; or
13. has had his or her medical examiner's certificate,
medical variance, or both removed or rescinded by the

Federal Motor Carrier Safety Administration; or
14. failed to self-certify as to the type of driving in
which the CDL driver engages or expects to engage; or
15. has submitted acceptable documentation indicating
out-of-state residency to the Secretary of State to be
released from the requirement of showing proof of financial
responsibility in this State; or .
16. 15. was convicted of fraud relating to the testing
or issuance of a CDL or CLP, in which case only the CDL or
CLP shall be cancelled. After cancellation, the Secretary
shall not issue a CLP or CDL for a period of one year from
the date of cancellation.
(b) Upon such cancellation the licensee or permittee must
surrender the license or permit so cancelled to the Secretary
of State.
(c) Except as provided in Sections 6-206.1 and 7-702.1, the
Secretary of State shall have exclusive authority to grant,
issue, deny, cancel, suspend and revoke driving privileges,
drivers' licenses and restricted driving permits.
(d) The Secretary of State may adopt rules to implement
this Section.
(Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11;
97-813, eff. 7-13-12; 97-835, eff. 7-20-12; 98-176, eff.
7-1-14; 98-178, eff. 1-1-14; revised 9-19-13.)
(625 ILCS 5/6-206)

Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without preliminary
hearing upon a showing of the person's records or other
sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required upon
conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in motor
vehicle collisions or has been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in injury
requiring immediate professional treatment in a medical
facility or doctor's office to any person, except that any

suspension or revocation imposed by the Secretary of State
under the provisions of this subsection shall start no
later than 6 months after being convicted of violating a
law or ordinance regulating the movement of traffic, which
violation is related to the accident, or shall start not
more than one year after the date of the accident,
whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an examination
provided for by Section 6-207 or has failed to pass the
examination;
8. Is ineligible for a driver's license or permit under
the provisions of Section 6-103;
9. Has made a false statement or knowingly concealed a
material fact or has used false information or
identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of this

State when the person's driving privilege or privilege to
obtain a driver's license or permit was revoked or
suspended unless the operation was authorized by a
monitoring device driving permit, judicial driving permit
issued prior to January 1, 2009, probationary license to
drive, or a restricted driving permit issued under this
Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services of
another person to submit to any portion of the application
process for the purpose of obtaining a license,
identification card, or permit for some other person;
13. Has operated a motor vehicle upon a highway of this
State when the person's driver's license or permit was
invalid under the provisions of Sections 6-107.1 and 6-110;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 relating
to criminal trespass to vehicles in which case, the
suspension shall be for one year;
16. Has been convicted of violating Section 11-204 of
this Code relating to fleeing from a peace officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the person

has not sought a hearing as provided for in Section
11-501.1;
18. Has, since issuance of a driver's license or
permit, been adjudged to be afflicted with or suffering
from any mental disability or disease;
19. Has committed a violation of paragraph (a) or (b)
of Section 6-101 relating to driving without a driver's
license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402 of
this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
the Criminal Code of 1961 or the Criminal Code of 2012
relating to unlawful use of weapons, in which case the
suspension shall be for one year;
23. Has, as a driver, been convicted of committing a
violation of paragraph (a) of Section 11-502 of this Code
for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or punished
by non-judicial punishment by military authorities of the
United States at a military installation in Illinois of or

for a traffic related offense that is the same as or
similar to an offense specified under Section 6-205 or
6-206 of this Code;
25. Has permitted any form of identification to be used
by another in the application process in order to obtain or
attempt to obtain a license, identification card, or
permit;
26. Has altered or attempted to alter a license or has
possessed an altered license, identification card, or
permit;
27. Has violated Section 6-16 of the Liquor Control Act
of 1934;
28. Has been convicted for a first time of the illegal
possession, while operating or in actual physical control,
as a driver, of a motor vehicle, of any controlled
substance prohibited under the Illinois Controlled
Substances Act, any cannabis prohibited under the Cannabis
Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act, in
which case the person's driving privileges shall be
suspended for one year. Any defendant found guilty of this
offense while operating a motor vehicle, shall have an
entry made in the court record by the presiding judge that
this offense did occur while the defendant was operating a
motor vehicle and order the clerk of the court to report
the violation to the Secretary of State;

29. Has been convicted of the following offenses that
were committed while the person was operating or in actual
physical control, as a driver, of a motor vehicle: criminal
sexual assault, predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual
abuse, aggravated criminal sexual abuse, juvenile pimping,
soliciting for a juvenile prostitute, promoting juvenile
prostitution as described in subdivision (a)(1), (a)(2),
or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
or the Criminal Code of 2012, and the manufacture, sale or
delivery of controlled substances or instruments used for
illegal drug use or abuse in which case the driver's
driving privileges shall be suspended for one year;
30. Has been convicted a second or subsequent time for
any combination of the offenses named in paragraph 29 of
this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by
Section 11-501.6 of this Code or Section 5-16c of the Boat
Registration and Safety Act or has submitted to a test
resulting in an alcohol concentration of 0.08 or more or
any amount of a drug, substance, or compound resulting from
the unlawful use or consumption of cannabis as listed in
the Cannabis Control Act, a controlled substance as listed
in the Illinois Controlled Substances Act, an intoxicating
compound as listed in the Use of Intoxicating Compounds

Act, or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act, in which case the
penalty shall be as prescribed in Section 6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 relating
to the aggravated discharge of a firearm if the offender
was located in a motor vehicle at the time the firearm was
discharged, in which case the suspension shall be for 3
years;
33. Has as a driver, who was less than 21 years of age
on the date of the offense, been convicted a first time of
a violation of paragraph (a) of Section 11-502 of this Code
or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5 of
this Code or a similar provision of a local ordinance;
35. Has committed a violation of Section 11-1301.6 of
this Code or a similar provision of a local ordinance;
36. Is under the age of 21 years at the time of arrest
and has been convicted of not less than 2 offenses against
traffic regulations governing the movement of vehicles
committed within any 24 month period. No revocation or
suspension shall be entered more than 6 months after the
date of last conviction;
37. Has committed a violation of subsection (c) of
Section 11-907 of this Code that resulted in damage to the
property of another or the death or injury of another;

38. Has been convicted of a violation of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance;
39. Has committed a second or subsequent violation of
Section 11-1201 of this Code;
40. Has committed a violation of subsection (a-1) of
Section 11-908 of this Code;
41. Has committed a second or subsequent violation of
Section 11-605.1 of this Code, a similar provision of a
local ordinance, or a similar violation in any other state
within 2 years of the date of the previous violation, in
which case the suspension shall be for 90 days;
42. Has committed a violation of subsection (a-1) of
Section 11-1301.3 of this Code or a similar provision of a
local ordinance;
43. Has received a disposition of court supervision for
a violation of subsection (a), (d), or (e) of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance, in which case the suspension shall be
for a period of 3 months;
44. Is under the age of 21 years at the time of arrest
and has been convicted of an offense against traffic
regulations governing the movement of vehicles after
having previously had his or her driving privileges
suspended or revoked pursuant to subparagraph 36 of this
Section;

45. Has, in connection with or during the course of a
formal hearing conducted under Section 2-118 of this Code:
(i) committed perjury; (ii) submitted fraudulent or
falsified documents; (iii) submitted documents that have
been materially altered; or (iv) submitted, as his or her
own, documents that were in fact prepared or composed for
another person;
46. Has committed a violation of subsection (j) of
Section 3-413 of this Code; or
47. Has committed a violation of Section 11-502.1 of
this Code.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license is
deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license or a temporary driver's
license.
(b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be, provided
that a certified copy of a stay order of a court is filed with
the Secretary of State. If the conviction is affirmed on
appeal, the date of the conviction shall relate back to the
time the original judgment of conviction was entered and the 6

month limitation prescribed shall not apply.
(c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
2. If the Secretary of State suspends the driver's
license of a person under subsection 2 of paragraph (a) of
this Section, a person's privilege to operate a vehicle as
an occupation shall not be suspended, provided an affidavit
is properly completed, the appropriate fee received, and a
permit issued prior to the effective date of the
suspension, unless 5 offenses were committed, at least 2 of
which occurred while operating a commercial vehicle in
connection with the driver's regular occupation. All other
driving privileges shall be suspended by the Secretary of
State. Any driver prior to operating a vehicle for
occupational purposes only must submit the affidavit on
forms to be provided by the Secretary of State setting
forth the facts of the person's occupation. The affidavit
shall also state the number of offenses committed while
operating a vehicle in connection with the driver's regular
occupation. The affidavit shall be accompanied by the
driver's license. Upon receipt of a properly completed
affidavit, the Secretary of State shall issue the driver a

permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended as
set forth in the notice that was mailed under this Section.
If an affidavit is received subsequent to the effective
date of this suspension, a permit may be issued for the
remainder of the suspension period.
The provisions of this subparagraph shall not apply to
any driver required to possess a CDL for the purpose of
operating a commercial motor vehicle.
Any person who falsely states any fact in the affidavit
required herein shall be guilty of perjury under Section
6-302 and upon conviction thereof shall have all driving
privileges revoked without further rights.
3. At the conclusion of a hearing under Section 2-118
of this Code, the Secretary of State shall either rescind
or continue an order of revocation or shall substitute an
order of suspension; or, good cause appearing therefor,
rescind, continue, change, or extend the order of
suspension. If the Secretary of State does not rescind the
order, the Secretary may upon application, to relieve undue
hardship (as defined by the rules of the Secretary of
State), issue a restricted driving permit granting the
privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of

employment or within the scope of the petitioner's
employment related duties, or to allow the petitioner to
transport himself or herself, or a family member of the
petitioner's household to a medical facility, to receive
necessary medical care, to allow the petitioner to
transport himself or herself to and from alcohol or drug
remedial or rehabilitative activity recommended by a
licensed service provider, or to allow the petitioner to
transport himself or herself or a family member of the
petitioner's household to classes, as a student, at an
accredited educational institution, or to allow the
petitioner to transport children, elderly persons, or
disabled persons 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.
Those multiple offenders identified in subdivision (b)4 of
Section 6-208 of this Code, however, shall not be eligible
for the issuance of a restricted driving permit.
(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 within a 10 year period 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.
(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.
(E) In each case the Secretary may issue a
restricted driving permit for a period deemed
appropriate, except that all permits shall expire
within one year from the date of issuance. The
Secretary may not, however, issue a restricted driving
permit to any person whose current revocation is the
result of a second or subsequent conviction for a
violation of Section 11-501 of this Code or a similar
provision of a local ordinance or any 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 any similar out-of-state offense, or
any combination of those offenses, until the
expiration of at least one year from the date of the

revocation. 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.
(c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other

state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
(c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's license
will be suspended one month after the date of the mailing of
the notice.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
(d) This Section is subject to the provisions of the
Drivers License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(f) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been suspended, revoked,
cancelled, or disqualified under any provisions of this Code.

(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11;
97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13;
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff.
1-1-14; 98-122, eff. 1-1-14; revised 9-19-13.)
(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
Sec. 6-303. Driving while driver's license, permit or
privilege to operate a motor vehicle is suspended or revoked.
(a) Except as otherwise provided in subsection (a-5), any
person who drives or is in actual physical control of a motor
vehicle on any highway of this State at a time when such
person's driver's license, permit or privilege to do so or the
privilege to obtain a driver's license or permit is revoked or
suspended as provided by this Code or the law of another state,
except as may be specifically allowed by a judicial driving
permit issued prior to January 1, 2009, monitoring device
driving permit, family financial responsibility driving
permit, probationary license to drive, or a restricted driving
permit issued pursuant to this Code or under the law of another
state, shall be guilty of a Class A misdemeanor.
(a-3) A second or subsequent violation of subsection (a) of
this Section is a Class 4 felony if committed by a person whose
driving or operation of a motor vehicle is the proximate cause
of a motor vehicle accident that causes personal injury or
death to another. For purposes of this subsection, a personal
injury includes any Type A injury as indicated on the traffic

accident report completed by a law enforcement officer that
requires immediate professional attention in either a doctor's
office or a medical facility. A Type A injury includes severe
bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene.
(a-5) Any person who violates this Section as provided in
subsection (a) while his or her driver's license, permit or
privilege is revoked because of a violation of Section 9-3 of
the Criminal Code of 1961 or the Criminal Code of 2012,
relating to the offense of reckless homicide or a similar
provision of a law of another state, is guilty of a Class 4
felony. The person shall be required to undergo a professional
evaluation, as provided in Section 11-501 of this Code, to
determine if an alcohol, drug, or intoxicating compound problem
exists and the extent of the problem, and to undergo the
imposition of treatment as appropriate.
(a-10) A person's driver's license, permit, or privilege to
obtain a driver's license or permit may be subject to multiple
revocations, multiple suspensions, or any combination of both
simultaneously. No revocation or suspension shall serve to
negate, invalidate, cancel, postpone, or in any way lessen the
effect of any other revocation or suspension entered prior or
subsequent to any other revocation or suspension.
(b) (Blank).
(b-1) Upon receiving a report of the conviction of any
violation indicating a person was operating a motor vehicle

during the time when the person's driver's license, permit or
privilege was suspended by the Secretary of State or the
driver's licensing administrator of another state, except as
specifically allowed by a probationary license, judicial
driving permit, restricted driving permit or monitoring device
driving permit the Secretary shall extend the suspension for
the same period of time as the originally imposed suspension
unless the suspension has already expired, in which case the
Secretary shall be authorized to suspend the person's driving
privileges for the same period of time as the originally
imposed suspension.
(b-2) Except as provided in subsection (b-6), upon
receiving a report of the conviction of any violation
indicating a person was operating a motor vehicle when the
person's driver's license, permit or privilege was revoked by
the Secretary of State or the driver's license administrator of
any other state, except as specifically allowed by a restricted
driving permit issued pursuant to this Code or the law of
another state, the Secretary shall not issue a driver's license
for an additional period of one year from the date of such
conviction indicating such person was operating a vehicle
during such period of revocation.
(b-3) (Blank).
(b-4) When the Secretary of State receives a report of a
conviction of any violation indicating a person was operating a
motor vehicle that was not equipped with an ignition interlock

device during a time when the person was prohibited from
operating a motor vehicle not equipped with such a device, the
Secretary shall not issue a driver's license to that person for
an additional period of one year from the date of the
conviction.
(b-5) Any person convicted of violating this Section shall
serve a minimum term of imprisonment of 30 consecutive days or
300 hours of community service when the person's driving
privilege was revoked or suspended as a result of a violation
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless homicide, or
a similar provision of a law of another state.
(b-6) Upon receiving a report of a first conviction of
operating a motor vehicle while the person's driver's license,
permit or privilege was revoked where the revocation was for a
violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 relating to the offense of reckless
homicide or a similar out-of-state offense, the Secretary shall
not issue a driver's license for an additional period of three
years from the date of such conviction.
(c) Except as provided in subsections (c-3) and (c-4), any
person convicted of violating this Section shall serve a
minimum term of imprisonment of 10 consecutive days or 30 days
of community service when the person's driving privilege was
revoked or suspended as a result of:
(1) a violation of Section 11-501 of this Code or a

similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, any other
drug or any combination thereof; or
(2) a violation of paragraph (b) of Section 11-401 of
this Code or a similar provision of a local ordinance
relating to the offense of leaving the scene of a motor
vehicle accident involving personal injury or death; or
(3) a statutory summary suspension or revocation under
Section 11-501.1 of this Code.
Such sentence of imprisonment or community service shall
not be subject to suspension in order to reduce such sentence.
(c-1) Except as provided in subsections (c-5) and (d), any
person convicted of a second violation of this Section shall be
ordered by the court to serve a minimum of 100 hours of
community service.
(c-2) In addition to other penalties imposed under this
Section, the court may impose on any person convicted a fourth
time of violating this Section any of the following:
(1) Seizure of the license plates of the person's
vehicle.
(2) Immobilization of the person's vehicle for a period
of time to be determined by the court.
(c-3) Any person convicted of a violation of this Section
during a period of summary suspension imposed pursuant to
Section 11-501.1 when the person was eligible for a MDDP shall

be guilty of a Class 4 felony and shall serve a minimum term of
imprisonment of 30 days.
(c-4) Any person who has been issued a MDDP and who is
convicted of a violation of this Section as a result of
operating or being in actual physical control of a motor
vehicle not equipped with an ignition interlock device at the
time of the offense shall be guilty of a Class 4 felony and
shall serve a minimum term of imprisonment of 30 days.
(c-5) Any person convicted of a second violation of this
Section is guilty of a Class 2 felony, is not eligible for
probation or conditional discharge, and shall serve a mandatory
term of imprisonment, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless homicide,
or a similar out-of-state offense; and
(2) the prior conviction under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 9-3 of the Criminal Code
of 1961 or the Criminal Code of 2012 relating to the
offense of reckless homicide, or a similar out-of-state
offense, or was suspended or revoked for a violation of
Section 11-401 or 11-501 of this Code, a similar
out-of-state offense, a similar provision of a local
ordinance, or a statutory summary suspension or revocation

under Section 11-501.1 of this Code.
(d) Any person convicted of a second violation of this
Section shall be guilty of a Class 4 felony and shall serve a
minimum term of imprisonment of 30 days or 300 hours of
community service, as determined by the court, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, a similar
out-of-state offense, a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior conviction under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of this
Code, a similar out-of-state offense, a similar provision
of a local ordinance, or a statutory summary suspension or
revocation under Section 11-501.1 of this Code, or for a
violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar out-of-state offense.
(d-1) Except as provided in subsections (d-2), (d-2.5), and
(d-3), any person convicted of a third or subsequent violation
of this Section shall serve a minimum term of imprisonment of
30 days or 300 hours of community service, as determined by the
court.
(d-2) Any person convicted of a third violation of this

Section is guilty of a Class 4 felony and must serve a minimum
term of imprisonment of 30 days, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, or a similar
out-of-state offense, or a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of this
Code, a similar out-of-state offense, a similar provision
of a local ordinance, or a statutory summary suspension or
revocation under Section 11-501.1 of this Code, or for a
violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar out-of-state offense.
(d-2.5) Any person convicted of a third violation of this
Section is guilty of a Class 1 felony, is not eligible for
probation or conditional discharge, and must serve a mandatory
term of imprisonment, if:
(1) the current violation occurred while the person's
driver's license was suspended or revoked for a violation
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless homicide,
or a similar out-of-state offense. The person's driving

privileges shall be revoked for the remainder of the
person's life; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 9-3 of the Criminal Code
of 1961 or the Criminal Code of 2012, relating to the
offense of reckless homicide, or a similar out-of-state
offense, or was suspended or revoked for a violation of
Section 11-401 or 11-501 of this Code, a similar
out-of-state offense, a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code.
(d-3) Any person convicted of a fourth, fifth, sixth,
seventh, eighth, or ninth violation of this Section is guilty
of a Class 4 felony and must serve a minimum term of
imprisonment of 180 days, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, a similar
out-of-state offense, a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of this
Code, a similar out-of-state offense, a similar provision

of a local ordinance, or a statutory summary suspension or
revocation under Section 11-501.1 of this Code, or for a
violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar out-of-state offense.
(d-3.5) Any person convicted of a fourth or subsequent
violation of this Section is guilty of a Class 1 felony, is not
eligible for probation or conditional discharge, and must serve
a mandatory term of imprisonment, and is eligible for an
extended term, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless homicide,
or a similar out-of-state offense; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 9-3 of the Criminal Code
of 1961 or the Criminal Code of 2012, relating to the
offense of reckless homicide, or a similar out-of-state
offense, or was suspended or revoked for a violation of
Section 11-401 or 11-501 of this Code, a similar
out-of-state offense, a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code.
(d-4) Any person convicted of a tenth, eleventh, twelfth,

thirteenth, or fourteenth violation of this Section is guilty
of a Class 3 felony, and is not eligible for probation or
conditional discharge, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, or a similar
out-of-state offense, or a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of this
Code, a similar out-of-state offense, a similar provision
of a local ordinance, or a statutory suspension or
revocation under Section 11-501.1 of this Code, or for a
violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar out-of-state offense.
(d-5) Any person convicted of a fifteenth or subsequent
violation of this Section is guilty of a Class 2 felony, and is
not eligible for probation or conditional discharge, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, or a similar
out-of-state offense, or a similar provision of a local
ordinance, or a statutory summary suspension or revocation

under Section 11-501.1 of this Code; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of this
Code, a similar out-of-state offense, a similar provision
of a local ordinance, or a statutory summary suspension or
revocation under Section 11-501.1 of this Code, or for a
violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar out-of-state offense.
(e) Any person in violation of this Section who is also in
violation of Section 7-601 of this Code relating to mandatory
insurance requirements, in addition to other penalties imposed
under this Section, shall have his or her motor vehicle
immediately impounded by the arresting law enforcement
officer. The motor vehicle may be released to any licensed
driver upon a showing of proof of insurance for the vehicle
that was impounded and the notarized written consent for the
release by the vehicle owner.
(f) For any prosecution under this Section, a certified
copy of the driving abstract of the defendant shall be admitted
as proof of any prior conviction.
(g) The motor vehicle used in a violation of this Section
is subject to seizure and forfeiture as provided in Sections
36-1 and 36-2 of the Criminal Code of 2012 if the person's
driving privilege was revoked or suspended as a result of:

(1) a violation of Section 11-501 of this Code, a
similar provision of a local ordinance, or a similar
provision of a law of another state;
(2) a violation of paragraph (b) of Section 11-401 of
this Code, a similar provision of a local ordinance, or a
similar provision of a law of another state;
(3) a statutory summary suspension or revocation under
Section 11-501.1 of this Code or a similar provision of a
law of another state; or
(4) a violation of Section 9-3 of the Criminal Code of
1961 or the Criminal Code of 2012 relating to the offense
of reckless homicide, or a similar provision of a law of
another state.
(Source: P.A. 97-984, eff. 1-1-13; 97-1150, eff. 1-25-13;
98-285, eff. 1-1-14; 98-418, eff. 8-16-13; 98-573, eff.
8-27-13; revised 9-19-13.)
(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
(Text of Section before amendment by P.A. 98-176)
Sec. 6-508. Commercial Driver's License (CDL) -
qualification standards.
(a) Testing.
(1) General. No person shall be issued an original or
renewal CDL unless that person is domiciled in this State.
The Secretary shall cause to be administered such tests as
the Secretary deems necessary to meet the requirements of

49 C.F.R. Part 383, subparts F, G, H, and J.
(2) Third party testing. The Secretary of State state
may authorize a "third party tester", pursuant to 49 C.F.R.
Part 383.75, to administer the skills test or tests
specified by the Federal Motor Carrier Safety
Administration pursuant to the Commercial Motor Vehicle
Safety Act of 1986 and any appropriate federal rule.
(b) Waiver of Skills Test. The Secretary of State may waive
the skills test specified in this Section for a driver
applicant for a commercial driver license who meets the
requirements of 49 C.F.R. Part 383.77 and Part 383.123. The
Secretary of State shall waive the skills tests specified in
this Section for a driver applicant who has military commercial
motor vehicle experience, subject to the requirements of 49
C.F.R. 383.77.
(b-1) No person shall be issued a commercial driver
instruction permit or CDL unless the person certifies to the
Secretary one of the following types of driving operations in
which he or she will be engaged:
(1) non-excepted interstate;
(2) non-excepted intrastate;
(3) excepted interstate; or
(4) excepted intrastate.
(b-2) Persons who hold a commercial driver instruction
permit or CDL on January 30, 2012 must certify to the Secretary
no later than January 30, 2014 one of the following applicable

self-certifications:
(1) non-excepted interstate;
(2) non-excepted intrastate;
(3) excepted interstate; or
(4) excepted intrastate.
(c) Limitations on issuance of a CDL. A CDL, or a
commercial driver instruction permit, shall not be issued to a
person while the person is subject to a disqualification from
driving a commercial motor vehicle, or unless otherwise
permitted by this Code, while the person's driver's license is
suspended, revoked or cancelled in any state, or any territory
or province of Canada; nor may a CDL be issued to a person who
has a CDL issued by any other state, or foreign jurisdiction,
unless the person first surrenders all such licenses. No CDL
shall be issued to or renewed for a person who does not meet
the requirement of 49 CFR 391.41(b)(11). The requirement may be
met with the aid of a hearing aid.
(c-1) The Secretary may issue a CDL with a school bus
driver endorsement to allow a person to drive the type of bus
described in subsection (d-5) of Section 6-104 of this Code.
The CDL with a school bus driver endorsement may be issued only
to a person meeting the following requirements:
(1) the person has submitted 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 Federal Bureau of Investigation criminal
history records databases;
(2) the person has passed a written test, administered
by the Secretary of State, on charter bus operation,
charter bus safety, and certain special traffic laws
relating to school buses determined by the Secretary of
State to be relevant to charter buses, and submitted to a
review of the driver applicant's driving habits by the
Secretary of State at the time the written test is given;
(3) the person has demonstrated physical fitness to
operate school buses by submitting the results of a medical
examination, including tests for drug use; and
(4) the person has not been convicted of committing or
attempting to commit any one or more of the following
offenses: (i) those offenses defined in Sections 8-1.2,
9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,

12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,
12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30,
12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2,
24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8,
24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection
(b) of Section 8-1, and in subdivisions (a)(1), (a)(2),
(b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of
Section 12-3.05, and in subsection (a) and subsection (b),
clause (1), of Section 12-4, and in subsection (A), clauses
(a) and (b), of Section 24-3, and those offenses contained
in Article 29D of the Criminal Code of 1961 or the Criminal
Code of 2012; (ii) those offenses defined in the Cannabis
Control Act except those offenses defined in subsections
(a) and (b) of Section 4, and subsection (a) of Section 5
of the Cannabis Control Act; (iii) those offenses defined
in the Illinois Controlled Substances Act; (iv) those
offenses defined in the Methamphetamine Control and
Community Protection Act; (v) any offense committed or
attempted in any other state or against the laws of the
United States, which if committed or attempted in this
State would be punishable as one or more of the foregoing
offenses; (vi) the offenses defined in Sections 4.1 and 5.1
of the Wrongs to Children Act or Section 11-9.1A of the
Criminal Code of 1961 or the Criminal Code of 2012; (vii)
those offenses defined in Section 6-16 of the Liquor

Control Act of 1934; and (viii) those offenses defined in
the Methamphetamine Precursor Control Act.
The Department of State Police shall charge a fee for
conducting the criminal history records check, which shall be
deposited into the State Police Services Fund and may not
exceed the actual cost of the records check.
(c-2) The Secretary shall issue a CDL with a school bus
endorsement to allow a person to drive a school bus as defined
in this Section. The CDL shall be issued according to the
requirements outlined in 49 C.F.R. 383. A person may not
operate a school bus as defined in this Section without a
school bus endorsement. The Secretary of State may adopt rules
consistent with Federal guidelines to implement this
subsection (c-2).
(d) Commercial driver instruction permit. A commercial
driver instruction permit may be issued to any person holding a
valid Illinois driver's license if such person successfully
passes such tests as the Secretary determines to be necessary.
A commercial driver instruction permit shall not be issued to a
person who does not meet the requirements of 49 CFR 391.41
(b)(11), except for the renewal of a commercial driver
instruction permit for a person who possesses a commercial
instruction permit prior to the effective date of this
amendatory Act of 1999.
(Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13;
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff.

1-1-14; revised 9-19-13.)
(Text of Section after amendment by P.A. 98-176)
Sec. 6-508. Commercial Driver's License (CDL) -
qualification standards.
(a) Testing.
(1) General. No person shall be issued an original or
renewal CDL unless that person is domiciled in this State
or is applying for a non-domiciled CDL under Sections 6-509
and 6-510 of this Code. The Secretary shall cause to be
administered such tests as the Secretary deems necessary to
meet the requirements of 49 C.F.R. Part 383, subparts F, G,
H, and J.
(1.5) Effective July 1, 2014, no person shall be issued
an original CDL or an upgraded CDL that requires a skills
test unless that person has held a CLP, for a minimum of 14
calendar days, for the classification of vehicle and
endorsement, if any, for which the person is seeking a CDL.
(2) Third party testing. The Secretary of State state
may authorize a "third party tester", pursuant to 49 C.F.R.
Part 383.75 and 49 C.F.R. 384.228 and 384.229, to
administer the skills test or tests specified by the
Federal Motor Carrier Safety Administration pursuant to
the Commercial Motor Vehicle Safety Act of 1986 and any
appropriate federal rule.
(b) Waiver of Skills Test. The Secretary of State may waive

the skills test specified in this Section for a driver
applicant for a commercial driver license who meets the
requirements of 49 C.F.R. Part 383.77. The Secretary of State
shall waive the skills tests specified in this Section for a
driver applicant who has military commercial motor vehicle
experience, subject to the requirements of 49 C.F.R. 383.77.
(b-1) No person shall be issued a CDL unless the person
certifies to the Secretary one of the following types of
driving operations in which he or she will be engaged:
(1) non-excepted interstate;
(2) non-excepted intrastate;
(3) excepted interstate; or
(4) excepted intrastate.
(b-2) (Blank).
(c) Limitations on issuance of a CDL. A CDL shall not be
issued to a person while the person is subject to a
disqualification from driving a commercial motor vehicle, or
unless otherwise permitted by this Code, while the person's
driver's license is suspended, revoked or cancelled in any
state, or any territory or province of Canada; nor may a CLP or
CDL be issued to a person who has a CLP or CDL issued by any
other state, or foreign jurisdiction, nor may a CDL be issued
to a person who has an Illinois CLP unless the person first
surrenders all of these licenses or permits. However, a person
may hold an Illinois CLP and an Illinois CDL providing the CLP
is necessary to train or practice for an endorsement or vehicle

classification not present on the current CDL. No CDL shall be
issued to or renewed for a person who does not meet the
requirement of 49 CFR 391.41(b)(11). The requirement may be met
with the aid of a hearing aid.
(c-1) The Secretary may issue a CDL with a school bus
driver endorsement to allow a person to drive the type of bus
described in subsection (d-5) of Section 6-104 of this Code.
The CDL with a school bus driver endorsement may be issued only
to a person meeting the following requirements:
(1) the person has submitted 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 Federal Bureau of Investigation criminal
history records databases;
(2) the person has passed a written test, administered
by the Secretary of State, on charter bus operation,
charter bus safety, and certain special traffic laws
relating to school buses determined by the Secretary of
State to be relevant to charter buses, and submitted to a
review of the driver applicant's driving habits by the
Secretary of State at the time the written test is given;
(3) the person has demonstrated physical fitness to
operate school buses by submitting the results of a medical
examination, including tests for drug use; and

(4) the person has not been convicted of committing or
attempting to commit any one or more of the following
offenses: (i) those offenses defined in Sections 8-1.2,
9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,
12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30,
12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2,
24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8,
24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection
(b) of Section 8-1, and in subdivisions (a)(1), (a)(2),
(b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of
Section 12-3.05, and in subsection (a) and subsection (b),
clause (1), of Section 12-4, and in subsection (A), clauses
(a) and (b), of Section 24-3, and those offenses contained
in Article 29D of the Criminal Code of 1961 or the Criminal
Code of 2012; (ii) those offenses defined in the Cannabis

Control Act except those offenses defined in subsections
(a) and (b) of Section 4, and subsection (a) of Section 5
of the Cannabis Control Act; (iii) those offenses defined
in the Illinois Controlled Substances Act; (iv) those
offenses defined in the Methamphetamine Control and
Community Protection Act; (v) any offense committed or
attempted in any other state or against the laws of the
United States, which if committed or attempted in this
State would be punishable as one or more of the foregoing
offenses; (vi) the offenses defined in Sections 4.1 and 5.1
of the Wrongs to Children Act or Section 11-9.1A of the
Criminal Code of 1961 or the Criminal Code of 2012; (vii)
those offenses defined in Section 6-16 of the Liquor
Control Act of 1934; and (viii) those offenses defined in
the Methamphetamine Precursor Control Act.
The Department of State Police shall charge a fee for
conducting the criminal history records check, which shall be
deposited into the State Police Services Fund and may not
exceed the actual cost of the records check.
(c-2) The Secretary shall issue a CDL with a school bus
endorsement to allow a person to drive a school bus as defined
in this Section. The CDL shall be issued according to the
requirements outlined in 49 C.F.R. 383. A person may not
operate a school bus as defined in this Section without a
school bus endorsement. The Secretary of State may adopt rules
consistent with Federal guidelines to implement this

subsection (c-2).
(d) (Blank).
(Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13;
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff.
1-1-14; 98-176, eff. 7-1-14; revised 9-19-13.)
(625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
(Text of Section before amendment by P.A. 98-176)
Sec. 6-514. Commercial Driver's License (CDL) -
Disqualifications.
(a) A person shall be disqualified from driving a
commercial motor vehicle for a period of not less than 12
months for the first violation of:
(1) Refusing to submit to or failure to complete a test
or tests authorized under Section 11-501.1 while driving a
commercial motor vehicle or, if the driver is a CDL holder,
while driving a non-CMV; or
(2) Operating a commercial motor vehicle while the
alcohol concentration of the person's blood, breath or
urine is at least 0.04, or any amount of a drug, substance,
or compound in the person's blood or urine resulting from
the unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, or methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act as indicated by a police officer's sworn

report or other verified evidence; or operating a
non-commercial motor vehicle while the alcohol
concentration of the person's blood, breath, or urine was
above the legal limit defined in Section 11-501.1 or
11-501.8 or any amount of a drug, substance, or compound in
the person's blood or urine resulting from the unlawful use
or consumption of cannabis listed in the Cannabis Control
Act, a controlled substance listed in the Illinois
Controlled Substances Act, or methamphetamine as listed in
the Methamphetamine Control and Community Protection Act
as indicated by a police officer's sworn report or other
verified evidence while holding a commercial driver's
license; or
(3) Conviction for a first violation of:
(i) Driving a commercial motor vehicle or, if the
driver is a CDL holder, driving a non-CMV while under
the influence of alcohol, or any other drug, or
combination of drugs to a degree which renders such
person incapable of safely driving; or
(ii) Knowingly leaving the scene of an accident
while operating a commercial motor vehicle or, if the
driver is a CDL holder, while driving a non-CMV; or
(iii) Driving a commercial motor vehicle or, if the
driver is a CDL holder, driving a non-CMV while
committing any felony; or
(iv) Driving a commercial motor vehicle while the

person's driving privileges or driver's license or
permit is revoked, suspended, or cancelled or the
driver is disqualified from operating a commercial
motor vehicle; or
(v) Causing a fatality through the negligent
operation of a commercial motor vehicle, including but
not limited to the crimes of motor vehicle
manslaughter, homicide by a motor vehicle, and
negligent homicide.
As used in this subdivision (a)(3)(v), "motor
vehicle manslaughter" means the offense of involuntary
manslaughter if committed by means of a vehicle;
"homicide by a motor vehicle" means the offense of
first degree murder or second degree murder, if either
offense is committed by means of a vehicle; and
"negligent homicide" means reckless homicide under
Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 and aggravated driving under the
influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof under subdivision (d)(1)(F) of Section 11-501
of this Code.
If any of the above violations or refusals occurred
while transporting hazardous material(s) required to be
placarded, the person shall be disqualified for a period of
not less than 3 years; or

(4) If the person is a qualifying patient licensed
under the Compassionate Use of Medical Cannabis Pilot
Program Act who is in possession of a valid registry card
issued under that Act, operating a commercial motor vehicle
under impairment resulting from the consumption of
cannabis, as determined by failure of standardized field
sobriety tests administered by a law enforcement officer as
directed by subsection (a-5) of Section 11-501.2.
(b) A person is disqualified for life for a second
conviction of any of the offenses specified in paragraph (a),
or any combination of those offenses, arising from 2 or more
separate incidents.
(c) A person is disqualified from driving a commercial
motor vehicle for life if the person either (i) uses a
commercial motor vehicle in the commission of any felony
involving the manufacture, distribution, or dispensing of a
controlled substance, or possession with intent to
manufacture, distribute or dispense a controlled substance or
(ii) if the person is a CDL holder, uses a non-CMV in the
commission of a felony involving any of those activities.
(d) The Secretary of State may, when the United States
Secretary of Transportation so authorizes, issue regulations
in which a disqualification for life under paragraph (b) may be
reduced to a period of not less than 10 years. If a reinstated
driver is subsequently convicted of another disqualifying
offense, as specified in subsection (a) of this Section, he or

she shall be permanently disqualified for life and shall be
ineligible to again apply for a reduction of the lifetime
disqualification.
(e) A person is disqualified from driving a commercial
motor vehicle for a period of not less than 2 months if
convicted of 2 serious traffic violations, committed in a
commercial motor vehicle, non-CMV while holding a CDL, or any
combination thereof, arising from separate incidents,
occurring within a 3 year period, provided the serious traffic
violation committed in a non-CMV would result in the suspension
or revocation of the CDL holder's non-CMV privileges. However,
a person will be disqualified from driving a commercial motor
vehicle for a period of not less than 4 months if convicted of
3 serious traffic violations, committed in a commercial motor
vehicle, non-CMV while holding a CDL, or any combination
thereof, arising from separate incidents, occurring within a 3
year period, provided the serious traffic violation committed
in a non-CMV would result in the suspension or revocation of
the CDL holder's non-CMV privileges. If all the convictions
occurred in a non-CMV, the disqualification shall be entered
only if the convictions would result in the suspension or
revocation of the CDL holder's non-CMV privileges.
(e-1) (Blank).
(f) Notwithstanding any other provision of this Code, any
driver disqualified from operating a commercial motor vehicle,
pursuant to this UCDLA, shall not be eligible for restoration

of commercial driving privileges during any such period of
disqualification.
(g) After suspending, revoking, or cancelling a commercial
driver's license, the Secretary of State must update the
driver's records to reflect such action within 10 days. After
suspending or revoking the driving privilege of any person who
has been issued a CDL or commercial driver instruction permit
from another jurisdiction, the Secretary shall originate
notification to such issuing jurisdiction within 10 days.
(h) The "disqualifications" referred to in this Section
shall not be imposed upon any commercial motor vehicle driver,
by the Secretary of State, unless the prohibited action(s)
occurred after March 31, 1992.
(i) A person is disqualified from driving a commercial
motor vehicle in accordance with the following:
(1) For 6 months upon a first conviction of paragraph
(2) of subsection (b) or subsection (b-3) of Section 6-507
of this Code.
(2) For 2 years upon a second conviction of paragraph
(2) of subsection (b) or subsection (b-3) or any
combination of paragraphs (2) or (3) of subsection (b) or
subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the second conviction is a
violation of paragraph (2) of subsection (b) or subsection
(b-3).
(3) For 3 years upon a third or subsequent conviction

of paragraph (2) of subsection (b) or subsection (b-3) or
any combination of paragraphs (2) or (3) of subsection (b)
or subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the third or subsequent
conviction is a violation of paragraph (2) of subsection
(b) or subsection (b-3).
(4) For one year upon a first conviction of paragraph
(3) of subsection (b) or subsection (b-5) of Section 6-507
of this Code.
(5) For 3 years upon a second conviction of paragraph
(3) of subsection (b) or subsection (b-5) or any
combination of paragraphs (2) or (3) of subsection (b) or
subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the second conviction is a
violation of paragraph (3) of subsection (b) or (b-5).
(6) For 5 years upon a third or subsequent conviction
of paragraph (3) of subsection (b) or subsection (b-5) or
any combination of paragraphs (2) or (3) of subsection (b)
or subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the third or subsequent
conviction is a violation of paragraph (3) of subsection
(b) or (b-5).
(j) Disqualification for railroad-highway grade crossing
violation.
(1) General rule. A driver who is convicted of a
violation of a federal, State, or local law or regulation

pertaining to one of the following 6 offenses at a
railroad-highway grade crossing must be disqualified from
operating a commercial motor vehicle for the period of time
specified in paragraph (2) of this subsection (j) if the
offense was committed while operating a commercial motor
vehicle:
(i) For drivers who are not required to always
stop, failing to slow down and check that the tracks
are clear of an approaching train or railroad track
equipment, as described in subsection (a-5) of Section
11-1201 of this Code;
(ii) For drivers who are not required to always
stop, failing to stop before reaching the crossing, if
the tracks are not clear, as described in subsection
(a) of Section 11-1201 of this Code;
(iii) For drivers who are always required to stop,
failing to stop before driving onto the crossing, as
described in Section 11-1202 of this Code;
(iv) For all drivers, failing to have sufficient
space to drive completely through the crossing without
stopping, as described in subsection (b) of Section
11-1425 of this Code;
(v) For all drivers, failing to obey a traffic
control device or the directions of an enforcement
official at the crossing, as described in subdivision
(a)2 of Section 11-1201 of this Code;

(vi) For all drivers, failing to negotiate a
crossing because of insufficient undercarriage
clearance, as described in subsection (d-1) of Section
11-1201 of this Code.
(2) Duration of disqualification for railroad-highway
grade crossing violation.
(i) First violation. A driver must be disqualified
from operating a commercial motor vehicle for not less
than 60 days if the driver is convicted of a violation
described in paragraph (1) of this subsection (j) and,
in the three-year period preceding the conviction, the
driver had no convictions for a violation described in
paragraph (1) of this subsection (j).
(ii) Second violation. A driver must be
disqualified from operating a commercial motor vehicle
for not less than 120 days if the driver is convicted
of a violation described in paragraph (1) of this
subsection (j) and, in the three-year period preceding
the conviction, the driver had one other conviction for
a violation described in paragraph (1) of this
subsection (j) that was committed in a separate
incident.
(iii) Third or subsequent violation. A driver must
be disqualified from operating a commercial motor
vehicle for not less than one year if the driver is
convicted of a violation described in paragraph (1) of

this subsection (j) and, in the three-year period
preceding the conviction, the driver had 2 or more
other convictions for violations described in
paragraph (1) of this subsection (j) that were
committed in separate incidents.
(k) Upon notification of a disqualification of a driver's
commercial motor vehicle privileges imposed by the U.S.
Department of Transportation, Federal Motor Carrier Safety
Administration, in accordance with 49 C.F.R. 383.52, the
Secretary of State shall immediately record to the driving
record the notice of disqualification and confirm to the driver
the action that has been taken.
(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
98-122, eff. 1-1-14.)
(Text of Section after amendment by P.A. 98-176)
Sec. 6-514. Commercial driver's license (CDL); commercial
learner's permit (CLP); disqualifications. Commercial Driver's
License (CDL) - Disqualifications.
(a) A person shall be disqualified from driving a
commercial motor vehicle for a period of not less than 12
months for the first violation of:
(1) Refusing to submit to or failure to complete a test
or tests authorized under Section 11-501.1 while driving a
commercial motor vehicle or, if the driver is a CLP or CDL
holder, while driving a non-CMV; or

(2) Operating a commercial motor vehicle while the
alcohol concentration of the person's blood, breath or
urine is at least 0.04, or any amount of a drug, substance,
or compound in the person's blood or urine resulting from
the unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, or methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act as indicated by a police officer's sworn
report or other verified evidence; or operating a
non-commercial motor vehicle while the alcohol
concentration of the person's blood, breath, or urine was
above the legal limit defined in Section 11-501.1 or
11-501.8 or any amount of a drug, substance, or compound in
the person's blood or urine resulting from the unlawful use
or consumption of cannabis listed in the Cannabis Control
Act, a controlled substance listed in the Illinois
Controlled Substances Act, or methamphetamine as listed in
the Methamphetamine Control and Community Protection Act
as indicated by a police officer's sworn report or other
verified evidence while holding a CLP or CDL; or
(3) Conviction for a first violation of:
(i) Driving a commercial motor vehicle or, if the
driver is a CLP or CDL holder, driving a non-CMV while
under the influence of alcohol, or any other drug, or
combination of drugs to a degree which renders such

person incapable of safely driving; or
(ii) Knowingly leaving the scene of an accident
while operating a commercial motor vehicle or, if the
driver is a CLP or CDL holder, while driving a non-CMV;
or
(iii) Driving a commercial motor vehicle or, if the
driver is a CLP or CDL holder, driving a non-CMV while
committing any felony; or
(iv) Driving a commercial motor vehicle while the
person's driving privileges or driver's license or
permit is revoked, suspended, or cancelled or the
driver is disqualified from operating a commercial
motor vehicle; or
(v) Causing a fatality through the negligent
operation of a commercial motor vehicle, including but
not limited to the crimes of motor vehicle
manslaughter, homicide by a motor vehicle, and
negligent homicide.
As used in this subdivision (a)(3)(v), "motor
vehicle manslaughter" means the offense of involuntary
manslaughter if committed by means of a vehicle;
"homicide by a motor vehicle" means the offense of
first degree murder or second degree murder, if either
offense is committed by means of a vehicle; and
"negligent homicide" means reckless homicide under
Section 9-3 of the Criminal Code of 1961 or the

Criminal Code of 2012 and aggravated driving under the
influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof under subdivision (d)(1)(F) of Section 11-501
of this Code.
If any of the above violations or refusals occurred
while transporting hazardous material(s) required to be
placarded, the person shall be disqualified for a period of
not less than 3 years; or
(4) If the person is a qualifying patient licensed
under the Compassionate Use of Medical Cannabis Pilot
Program Act who is in possession of a valid registry card
issued under that Act, operating a commercial motor vehicle
under impairment resulting from the consumption of
cannabis, as determined by failure of standardized field
sobriety tests administered by a law enforcement officer as
directed by subsection (a-5) of Section 11-501.2.
(b) A person is disqualified for life for a second
conviction of any of the offenses specified in paragraph (a),
or any combination of those offenses, arising from 2 or more
separate incidents.
(c) A person is disqualified from driving a commercial
motor vehicle for life if the person either (i) uses a
commercial motor vehicle in the commission of any felony
involving the manufacture, distribution, or dispensing of a
controlled substance, or possession with intent to

manufacture, distribute or dispense a controlled substance or
(ii) if the person is a CLP or CDL holder, uses a non-CMV in the
commission of a felony involving any of those activities.
(d) The Secretary of State may, when the United States
Secretary of Transportation so authorizes, issue regulations
in which a disqualification for life under paragraph (b) may be
reduced to a period of not less than 10 years. If a reinstated
driver is subsequently convicted of another disqualifying
offense, as specified in subsection (a) of this Section, he or
she shall be permanently disqualified for life and shall be
ineligible to again apply for a reduction of the lifetime
disqualification.
(e) A person is disqualified from driving a commercial
motor vehicle for a period of not less than 2 months if
convicted of 2 serious traffic violations, committed in a
commercial motor vehicle, non-CMV while holding a CLP or CDL,
or any combination thereof, arising from separate incidents,
occurring within a 3 year period, provided the serious traffic
violation committed in a non-CMV would result in the suspension
or revocation of the CLP or CDL holder's non-CMV privileges.
However, a person will be disqualified from driving a
commercial motor vehicle for a period of not less than 4 months
if convicted of 3 serious traffic violations, committed in a
commercial motor vehicle, non-CMV while holding a CLP or CDL,
or any combination thereof, arising from separate incidents,
occurring within a 3 year period, provided the serious traffic

violation committed in a non-CMV would result in the suspension
or revocation of the CLP or CDL holder's non-CMV privileges. If
all the convictions occurred in a non-CMV, the disqualification
shall be entered only if the convictions would result in the
suspension or revocation of the CLP or CDL holder's non-CMV
privileges.
(e-1) (Blank).
(f) Notwithstanding any other provision of this Code, any
driver disqualified from operating a commercial motor vehicle,
pursuant to this UCDLA, shall not be eligible for restoration
of commercial driving privileges during any such period of
disqualification.
(g) After suspending, revoking, or cancelling a CLP or CDL,
the Secretary of State must update the driver's records to
reflect such action within 10 days. After suspending or
revoking the driving privilege of any person who has been
issued a CLP or CDL from another jurisdiction, the Secretary
shall originate notification to such issuing jurisdiction
within 10 days.
(h) The "disqualifications" referred to in this Section
shall not be imposed upon any commercial motor vehicle driver,
by the Secretary of State, unless the prohibited action(s)
occurred after March 31, 1992.
(i) A person is disqualified from driving a commercial
motor vehicle in accordance with the following:
(1) For 6 months upon a first conviction of paragraph

(2) of subsection (b) or subsection (b-3) of Section 6-507
of this Code.
(2) For 2 years upon a second conviction of paragraph
(2) of subsection (b) or subsection (b-3) or any
combination of paragraphs (2) or (3) of subsection (b) or
subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the second conviction is a
violation of paragraph (2) of subsection (b) or subsection
(b-3).
(3) For 3 years upon a third or subsequent conviction
of paragraph (2) of subsection (b) or subsection (b-3) or
any combination of paragraphs (2) or (3) of subsection (b)
or subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the third or subsequent
conviction is a violation of paragraph (2) of subsection
(b) or subsection (b-3).
(4) For one year upon a first conviction of paragraph
(3) of subsection (b) or subsection (b-5) of Section 6-507
of this Code.
(5) For 3 years upon a second conviction of paragraph
(3) of subsection (b) or subsection (b-5) or any
combination of paragraphs (2) or (3) of subsection (b) or
subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the second conviction is a
violation of paragraph (3) of subsection (b) or (b-5).
(6) For 5 years upon a third or subsequent conviction

of paragraph (3) of subsection (b) or subsection (b-5) or
any combination of paragraphs (2) or (3) of subsection (b)
or subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the third or subsequent
conviction is a violation of paragraph (3) of subsection
(b) or (b-5).
(j) Disqualification for railroad-highway grade crossing
violation.
(1) General rule. A driver who is convicted of a
violation of a federal, State, or local law or regulation
pertaining to one of the following 6 offenses at a
railroad-highway grade crossing must be disqualified from
operating a commercial motor vehicle for the period of time
specified in paragraph (2) of this subsection (j) if the
offense was committed while operating a commercial motor
vehicle:
(i) For drivers who are not required to always
stop, failing to slow down and check that the tracks
are clear of an approaching train or railroad track
equipment, as described in subsection (a-5) of Section
11-1201 of this Code;
(ii) For drivers who are not required to always
stop, failing to stop before reaching the crossing, if
the tracks are not clear, as described in subsection
(a) of Section 11-1201 of this Code;
(iii) For drivers who are always required to stop,

failing to stop before driving onto the crossing, as
described in Section 11-1202 of this Code;
(iv) For all drivers, failing to have sufficient
space to drive completely through the crossing without
stopping, as described in subsection (b) of Section
11-1425 of this Code;
(v) For all drivers, failing to obey a traffic
control device or the directions of an enforcement
official at the crossing, as described in subdivision
(a)2 of Section 11-1201 of this Code;
(vi) For all drivers, failing to negotiate a
crossing because of insufficient undercarriage
clearance, as described in subsection (d-1) of Section
11-1201 of this Code.
(2) Duration of disqualification for railroad-highway
grade crossing violation.
(i) First violation. A driver must be disqualified
from operating a commercial motor vehicle for not less
than 60 days if the driver is convicted of a violation
described in paragraph (1) of this subsection (j) and,
in the three-year period preceding the conviction, the
driver had no convictions for a violation described in
paragraph (1) of this subsection (j).
(ii) Second violation. A driver must be
disqualified from operating a commercial motor vehicle
for not less than 120 days if the driver is convicted

of a violation described in paragraph (1) of this
subsection (j) and, in the three-year period preceding
the conviction, the driver had one other conviction for
a violation described in paragraph (1) of this
subsection (j) that was committed in a separate
incident.
(iii) Third or subsequent violation. A driver must
be disqualified from operating a commercial motor
vehicle for not less than one year if the driver is
convicted of a violation described in paragraph (1) of
this subsection (j) and, in the three-year period
preceding the conviction, the driver had 2 or more
other convictions for violations described in
paragraph (1) of this subsection (j) that were
committed in separate incidents.
(k) Upon notification of a disqualification of a driver's
commercial motor vehicle privileges imposed by the U.S.
Department of Transportation, Federal Motor Carrier Safety
Administration, in accordance with 49 C.F.R. 383.52, the
Secretary of State shall immediately record to the driving
record the notice of disqualification and confirm to the driver
the action that has been taken.
(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
98-122, eff. 1-1-14; 98-176, eff. 7-1-14; revised 8-8-13.)
(625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)

Sec. 11-208. Powers of local authorities.
(a) The provisions of this Code shall not be deemed to
prevent local authorities with respect to streets and highways
under their jurisdiction and within the reasonable exercise of
the police power from:
1. Regulating the standing or parking of vehicles,
except as limited by Sections 11-1306 and 11-1307 of this
Act;
2. Regulating traffic by means of police officers or
traffic control signals;
3. Regulating or prohibiting processions or
assemblages on the highways; and certifying persons to
control traffic for processions or assemblages;
4. Designating particular highways as one-way highways
and requiring that all vehicles thereon be moved in one
specific direction;
5. Regulating the speed of vehicles in public parks
subject to the limitations set forth in Section 11-604;
6. Designating any highway as a through highway, as
authorized in Section 11-302, and requiring that all
vehicles stop before entering or crossing the same or
designating any intersection as a stop intersection or a
yield right-of-way intersection and requiring all vehicles
to stop or yield the right-of-way at one or more entrances
to such intersections;
7. Restricting the use of highways as authorized in

Chapter 15;
8. Regulating the operation of bicycles and requiring
the registration and licensing of same, including the
requirement of a registration fee;
9. Regulating or prohibiting the turning of vehicles or
specified types of vehicles at intersections;
10. Altering the speed limits as authorized in Section
11-604;
11. Prohibiting U-turns;
12. Prohibiting pedestrian crossings at other than
designated and marked crosswalks or at intersections;
13. Prohibiting parking during snow removal operation;
14. Imposing fines in accordance with Section
11-1301.3 as penalties for use of any parking place
reserved for persons with disabilities, as defined by
Section 1-159.1, or disabled veterans by any person using a
motor vehicle not bearing registration plates specified in
Section 11-1301.1 or a special decal or device as defined
in Section 11-1301.2 as evidence that the vehicle is
operated by or for a person with disabilities or disabled
veteran;
15. Adopting such other traffic regulations as are
specifically authorized by this Code; or
16. Enforcing the provisions of subsection (f) of
Section 3-413 of this Code or a similar local ordinance.
(b) No ordinance or regulation enacted under subsections 1,

4, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be effective
until signs giving reasonable notice of such local traffic
regulations are posted.
(c) The provisions of this Code shall not prevent any
municipality having a population of 500,000 or more inhabitants
from prohibiting any person from driving or operating any motor
vehicle upon the roadways of such municipality with headlamps
on high beam or bright.
(d) The provisions of this Code shall not be deemed to
prevent local authorities within the reasonable exercise of
their police power from prohibiting, on private property, the
unauthorized use of parking spaces reserved for persons with
disabilities.
(e) No unit of local government, including a home rule
unit, may enact or enforce an ordinance that applies only to
motorcycles if the principal purpose for that ordinance is to
restrict the access of motorcycles to any highway or portion of
a highway for which federal or State funds have been used for
the planning, design, construction, or maintenance of that
highway. No unit of local government, including a home rule
unit, may enact an ordinance requiring motorcycle users to wear
protective headgear. Nothing in this subsection (e) shall
affect the authority of a unit of local government to regulate
motorcycles for traffic control purposes or in accordance with
Section 12-602 of this Code. No unit of local government,
including a home rule unit, may regulate motorcycles in a

manner inconsistent with this Code. This subsection (e) is a
limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
(f) A municipality or county designated in Section 11-208.6
may enact an ordinance providing for an automated traffic law
enforcement system to enforce violations of this Code or a
similar provision of a local ordinance and imposing liability
on a registered owner or lessee of a vehicle used in such a
violation.
(g) A municipality or county, as provided in Section
11-1201.1, may enact an ordinance providing for an automated
traffic law enforcement system to enforce violations of Section
11-1201 of this Code or a similar provision of a local
ordinance and imposing liability on a registered owner of a
vehicle used in such a violation.
(h) A municipality designated in Section 11-208.8 may enact
an ordinance providing for an automated speed enforcement
system to enforce violations of Article VI of Chapter 11 of
this Code or a similar provision of a local ordinance.
(i) A municipality or county designated in Section 11-208.9
may enact an ordinance providing for an automated traffic law
enforcement system to enforce violations of Section 11-1414 of
this Code or a similar provision of a local ordinance and
imposing liability on a registered owner or lessee of a vehicle
used in such a violation.

(Source: P.A. 97-29, eff. 1-1-12; 97-672, eff. 7-1-12; 98-396,
eff. 1-1-14; 98-556, eff. 1-1-14; revised 9-19-13.)
(625 ILCS 5/11-208.7)
Sec. 11-208.7. Administrative fees and procedures for
impounding vehicles for specified violations.
(a) Any municipality may, consistent with this Section,
provide by ordinance procedures for the release of properly
impounded vehicles and for the imposition of a reasonable
administrative fee related to its administrative and
processing costs associated with the investigation, arrest,
and detention of an offender, or the removal, impoundment,
storage, and release of the vehicle. The administrative fee
imposed by the municipality may be in addition to any fees
charged for the towing and storage of an impounded vehicle. The
administrative fee shall be waived by the municipality upon
verifiable proof that the vehicle was stolen at the time the
vehicle was impounded.
(b) Any ordinance establishing procedures for the release
of properly impounded vehicles under this Section may impose
fees for the following violations:
(1) operation or use of a motor vehicle in the
commission of, or in the attempt to commit, an offense for
which a motor vehicle may be seized and forfeited pursuant
to Section 36-1 of the Criminal Code of 2012; or
(2) driving under the influence of alcohol, another

drug or drugs, an intoxicating compound or compounds, or
any combination thereof, in violation of Section 11-501 of
this Code; or
(3) operation or use of a motor vehicle in the
commission of, or in the attempt to commit, a felony or in
violation of the Cannabis Control Act; or
(4) operation or use of a motor vehicle in the
commission of, or in the attempt to commit, an offense in
violation of the Illinois Controlled Substances Act; or
(5) operation or use of a motor vehicle in the
commission of, or in the attempt to commit, an offense in
violation of Section 24-1, 24-1.5, or 24-3.1 of the
Criminal Code of 1961 or the Criminal Code of 2012; or
(6) driving while a driver's license, permit, or
privilege to operate a motor vehicle is suspended or
revoked pursuant to Section 6-303 of this Code; except that
vehicles shall not be subjected to seizure or impoundment
if the suspension is for an unpaid citation (parking or
moving) or due to failure to comply with emission testing;
or
(7) operation or use of a motor vehicle while
soliciting, possessing, or attempting to solicit or
possess cannabis or a controlled substance, as defined by
the Cannabis Control Act or the Illinois Controlled
Substances Act; or
(8) operation or use of a motor vehicle with an expired

driver's license, in violation of Section 6-101 of this
Code, if the period of expiration is greater than one year;
or
(9) operation or use of a motor vehicle without ever
having been issued a driver's license or permit, in
violation of Section 6-101 of this Code, or operating a
motor vehicle without ever having been issued a driver's
license or permit due to a person's age; or
(10) operation or use of a motor vehicle by a person
against whom a warrant has been issued by a circuit clerk
in Illinois for failing to answer charges that the driver
violated Section 6-101, 6-303, or 11-501 of this Code; or
(11) operation or use of a motor vehicle in the
commission of, or in the attempt to commit, an offense in
violation of Article 16 or 16A of the Criminal Code of 1961
or the Criminal Code of 2012; or
(12) operation or use of a motor vehicle in the
commission of, or in the attempt to commit, any other
misdemeanor or felony offense in violation of the Criminal
Code of 1961 or the Criminal Code of 2012, when so provided
by local ordinance; or
(13) operation or use of a motor vehicle in violation
of Section 11-503 of this Code:
(A) while the vehicle is part of a funeral
procession; or
(B) in a manner that interferes with a funeral

procession.
(c) The following shall apply to any fees imposed for
administrative and processing costs pursuant to subsection
(b):
(1) All administrative fees and towing and storage
charges shall be imposed on the registered owner of the
motor vehicle or the agents of that owner.
(2) The fees shall be in addition to (i) any other
penalties that may be assessed by a court of law for the
underlying violations; and (ii) any towing or storage fees,
or both, charged by the towing company.
(3) The fees shall be uniform for all similarly
situated vehicles.
(4) The fees shall be collected by and paid to the
municipality imposing the fees.
(5) The towing or storage fees, or both, shall be
collected by and paid to the person, firm, or entity that
tows and stores the impounded vehicle.
(d) Any ordinance establishing procedures for the release
of properly impounded vehicles under this Section shall provide
for an opportunity for a hearing, as provided in subdivision
(b)(4) of Section 11-208.3 of this Code, and for the release of
the vehicle to the owner of record, lessee, or a lienholder of
record upon payment of all administrative fees and towing and
storage fees.
(e) Any ordinance establishing procedures for the

impoundment and release of vehicles under this Section shall
include the following provisions concerning notice of
impoundment:
(1) Whenever a police officer has cause to believe that
a motor vehicle is subject to impoundment, the officer
shall provide for the towing of the vehicle to a facility
authorized by the municipality.
(2) At the time the vehicle is towed, the municipality
shall notify or make a reasonable attempt to notify the
owner, lessee, or person identifying himself or herself as
the owner or lessee of the vehicle, or any person who is
found to be in control of the vehicle at the time of the
alleged offense, of the fact of the seizure, and of the
vehicle owner's or lessee's right to an administrative
hearing.
(3) The municipality shall also provide notice that the
motor vehicle will remain impounded pending the completion
of an administrative hearing, unless the owner or lessee of
the vehicle or a lienholder posts with the municipality a
bond equal to the administrative fee as provided by
ordinance and pays for all towing and storage charges.
(f) Any ordinance establishing procedures for the
impoundment and release of vehicles under this Section shall
include a provision providing that the registered owner or
lessee of the vehicle and any lienholder of record shall be
provided with a notice of hearing. The notice shall:

(1) be served upon the owner, lessee, and any
lienholder of record either by personal service or by first
class mail to the interested party's address as registered
with the Secretary of State;
(2) be served upon interested parties within 10 days
after a vehicle is impounded by the municipality; and
(3) contain the date, time, and location of the
administrative hearing. An initial hearing shall be
scheduled and convened no later than 45 days after the date
of the mailing of the notice of hearing.
(g) In addition to the requirements contained in
subdivision (b)(4) of Section 11-208.3 of this Code relating to
administrative hearings, any ordinance providing for the
impoundment and release of vehicles under this Section shall
include the following requirements concerning administrative
hearings:
(1) administrative hearings shall be conducted by a
hearing officer who is an attorney licensed to practice law
in this State for a minimum of 3 years;
(2) at the conclusion of the administrative hearing,
the hearing officer shall issue a written decision either
sustaining or overruling the vehicle impoundment;
(3) if the basis for the vehicle impoundment is
sustained by the administrative hearing officer, any
administrative fee posted to secure the release of the
vehicle shall be forfeited to the municipality;

(4) all final decisions of the administrative hearing
officer shall be subject to review under the provisions of
the Administrative Review Law; and
(5) unless the administrative hearing officer
overturns the basis for the vehicle impoundment, no vehicle
shall be released to the owner, lessee, or lienholder of
record until all administrative fees and towing and storage
charges are paid.
(h) Vehicles not retrieved from the towing facility or
storage facility within 35 days after the administrative
hearing officer issues a written decision shall be deemed
abandoned and disposed of in accordance with the provisions of
Article II of Chapter 4 of this Code.
(i) Unless stayed by a court of competent jurisdiction, any
fine, penalty, or administrative fee imposed under this Section
which remains unpaid in whole or in part after the expiration
of the deadline for seeking judicial review under the
Administrative Review Law may be enforced in the same manner as
a judgment entered by a court of competent jurisdiction.
(Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13;
98-518, eff. 8-22-13; revised 9-19-13.)
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
Sec. 11-501. Driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof.

(a) A person shall not drive or be in actual physical
control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood or
breath is 0.08 or more based on the definition of blood and
breath units in Section 11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound or
combination of intoxicating compounds to a degree that
renders the person incapable of driving safely;
(4) under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving;
(5) under the combined influence of alcohol, other drug
or drugs, or intoxicating compound or compounds to a degree
that renders the person incapable of safely driving; or
(6) there is any amount of a drug, substance, or
compound in the person's breath, blood, or urine resulting
from the unlawful use or consumption of cannabis listed in
the Cannabis Control Act, a controlled substance listed in
the Illinois Controlled Substances Act, an intoxicating
compound listed in the Use of Intoxicating Compounds Act,
or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act. Subject to all other
requirements and provisions under this Section, this
paragraph (6) does not apply to the lawful consumption of
cannabis by a qualifying patient licensed under the

Compassionate Use of Medical Cannabis Pilot Program Act who
is in possession of a valid registry card issued under that
Act, unless that person is impaired by the use of cannabis.
(b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol,
cannabis under the Compassionate Use of Medical Cannabis Pilot
Program Act, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof, shall not constitute a
defense against any charge of violating this Section.
(c) Penalties.
(1) Except as otherwise provided in this Section, any
person convicted of violating subsection (a) of this
Section is guilty of a Class A misdemeanor.
(2) A person who violates subsection (a) or a similar
provision a second time shall be sentenced to a mandatory
minimum term of either 5 days of imprisonment or 240 hours
of community service in addition to any other criminal or
administrative sanction.
(3) A person who violates subsection (a) is subject to
6 months of imprisonment, an additional mandatory minimum
fine of $1,000, and 25 days of community service in a
program benefiting children if the person was transporting
a person under the age of 16 at the time of the violation.
(4) A person who violates subsection (a) a first time,
if the alcohol concentration in his or her blood, breath,
or urine was 0.16 or more based on the definition of blood,

breath, or urine units in Section 11-501.2, shall be
subject, in addition to any other penalty that may be
imposed, to a mandatory minimum of 100 hours of community
service and a mandatory minimum fine of $500.
(5) A person who violates subsection (a) a second time,
if at the time of the second violation the alcohol
concentration in his or her blood, breath, or urine was
0.16 or more based on the definition of blood, breath, or
urine units in Section 11-501.2, shall be subject, in
addition to any other penalty that may be imposed, to a
mandatory minimum of 2 days of imprisonment and a mandatory
minimum fine of $1,250.
(d) Aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or
any combination thereof.
(1) Every person convicted of committing a violation of
this Section shall be guilty of aggravated driving under
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof if:
(A) the person committed a violation of subsection
(a) or a similar provision for the third or subsequent
time;
(B) the person committed a violation of subsection
(a) while driving a school bus with one or more
passengers on board;

(C) the person in committing a violation of
subsection (a) was involved in a motor vehicle accident
that resulted in great bodily harm or permanent
disability or disfigurement to another, when the
violation was a proximate cause of the injuries;
(D) the person committed a violation of subsection
(a) and has been previously convicted of violating
Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 or a similar provision of a law
of another state relating to reckless homicide in which
the person was determined to have been under the
influence of alcohol, other drug or drugs, or
intoxicating compound or compounds as an element of the
offense or the person has previously been convicted
under subparagraph (C) or subparagraph (F) of this
paragraph (1);
(E) the person, in committing a violation of
subsection (a) while driving at any speed in a school
speed zone at a time when a speed limit of 20 miles per
hour was in effect under subsection (a) of Section
11-605 of this Code, was involved in a motor vehicle
accident that resulted in bodily harm, other than great
bodily harm or permanent disability or disfigurement,
to another person, when the violation of subsection (a)
was a proximate cause of the bodily harm;
(F) the person, in committing a violation of

subsection (a), was involved in a motor vehicle,
snowmobile, all-terrain vehicle, or watercraft
accident that resulted in the death of another person,
when the violation of subsection (a) was a proximate
cause of the death;
(G) the person committed a violation of subsection
(a) during a period in which the defendant's driving
privileges are revoked or suspended, where the
revocation or suspension was for a violation of
subsection (a) or a similar provision, Section
11-501.1, paragraph (b) of Section 11-401, or for
reckless homicide as defined in Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(H) the person committed the violation while he or
she did not possess a driver's license or permit or a
restricted driving permit or a judicial driving permit
or a monitoring device driving permit;
(I) the person committed the violation while he or
she knew or should have known that the vehicle he or
she was driving was not covered by a liability
insurance policy;
(J) the person in committing a violation of
subsection (a) was involved in a motor vehicle accident
that resulted in bodily harm, but not great bodily
harm, to the child under the age of 16 being
transported by the person, if the violation was the

proximate cause of the injury;
(K) the person in committing a second violation of
subsection (a) or a similar provision was transporting
a person under the age of 16; or
(L) the person committed a violation of subsection
(a) of this Section while transporting one or more
passengers in a vehicle for-hire.
(2)(A) Except as provided otherwise, a person
convicted of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof is guilty of a Class
4 felony.
(B) A third violation of this Section or a similar
provision is a Class 2 felony. If at the time of the third
violation the alcohol concentration in his or her blood,
breath, or urine was 0.16 or more based on the definition
of blood, breath, or urine units in Section 11-501.2, a
mandatory minimum of 90 days of imprisonment and a
mandatory minimum fine of $2,500 shall be imposed in
addition to any other criminal or administrative sanction.
If at the time of the third violation, the defendant was
transporting a person under the age of 16, a mandatory fine
of $25,000 and 25 days of community service in a program
benefiting children shall be imposed in addition to any
other criminal or administrative sanction.
(C) A fourth violation of this Section or a similar

provision is a Class 2 felony, for which a sentence of
probation or conditional discharge may not be imposed. If
at the time of the violation, the alcohol concentration in
the defendant's blood, breath, or urine was 0.16 or more
based on the definition of blood, breath, or urine units in
Section 11-501.2, a mandatory minimum fine of $5,000 shall
be imposed in addition to any other criminal or
administrative sanction. If at the time of the fourth
violation, the defendant was transporting a person under
the age of 16 a mandatory fine of $25,000 and 25 days of
community service in a program benefiting children shall be
imposed in addition to any other criminal or administrative
sanction.
(D) A fifth violation of this Section or a similar
provision is a Class 1 felony, for which a sentence of
probation or conditional discharge may not be imposed. If
at the time of the violation, the alcohol concentration in
the defendant's blood, breath, or urine was 0.16 or more
based on the definition of blood, breath, or urine units in
Section 11-501.2, a mandatory minimum fine of $5,000 shall
be imposed in addition to any other criminal or
administrative sanction. If at the time of the fifth
violation, the defendant was transporting a person under
the age of 16, a mandatory fine of $25,000, and 25 days of
community service in a program benefiting children shall be
imposed in addition to any other criminal or administrative

sanction.
(E) A sixth or subsequent violation of this Section or
similar provision is a Class X felony. If at the time of
the violation, the alcohol concentration in the
defendant's blood, breath, or urine was 0.16 or more based
on the definition of blood, breath, or urine units in
Section 11-501.2, a mandatory minimum fine of $5,000 shall
be imposed in addition to any other criminal or
administrative sanction. If at the time of the violation,
the defendant was transporting a person under the age of
16, a mandatory fine of $25,000 and 25 days of community
service in a program benefiting children shall be imposed
in addition to any other criminal or administrative
sanction.
(F) For a violation of subparagraph (C) of paragraph
(1) of this subsection (d), the defendant, if sentenced to
a term of imprisonment, shall be sentenced to not less than
one year nor more than 12 years.
(G) A violation of subparagraph (F) of paragraph (1) of
this subsection (d) is a Class 2 felony, for which the
defendant, unless the court determines that extraordinary
circumstances exist and require probation, shall be
sentenced to: (i) a term of imprisonment of not less than 3
years and not more than 14 years if the violation resulted
in the death of one person; or (ii) a term of imprisonment
of not less than 6 years and not more than 28 years if the

violation resulted in the deaths of 2 or more persons.
(H) For a violation of subparagraph (J) of paragraph
(1) of this subsection (d), a mandatory fine of $2,500, and
25 days of community service in a program benefiting
children shall be imposed in addition to any other criminal
or administrative sanction.
(I) A violation of subparagraph (K) of paragraph (1) of
this subsection (d), is a Class 2 felony and a mandatory
fine of $2,500, and 25 days of community service in a
program benefiting children shall be imposed in addition to
any other criminal or administrative sanction. If the child
being transported suffered bodily harm, but not great
bodily harm, in a motor vehicle accident, and the violation
was the proximate cause of that injury, a mandatory fine of
$5,000 and 25 days of community service in a program
benefiting children shall be imposed in addition to any
other criminal or administrative sanction.
(J) A violation of subparagraph (D) of paragraph (1) of
this subsection (d) is a Class 3 felony, for which a
sentence of probation or conditional discharge may not be
imposed.
(3) Any person sentenced under this subsection (d) who
receives a term of probation or conditional discharge must
serve a minimum term of either 480 hours of community
service or 10 days of imprisonment as a condition of the
probation or conditional discharge in addition to any other

criminal or administrative sanction.
(e) Any reference to a prior violation of subsection (a) or
a similar provision includes any violation of a provision of a
local ordinance or a provision of a law of another state or an
offense committed on a military installation that is similar to
a violation of subsection (a) of this Section.
(f) The imposition of a mandatory term of imprisonment or
assignment of community service for a violation of this Section
shall not be suspended or reduced by the court.
(g) Any penalty imposed for driving with a license that has
been revoked for a previous violation of subsection (a) of this
Section shall be in addition to the penalty imposed for any
subsequent violation of subsection (a).
(h) For any prosecution under this Section, a certified
copy of the driving abstract of the defendant shall be admitted
as proof of any prior conviction.
(Source: P.A. 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14;
98-573, eff. 8-27-13; revised 9-19-13.)
(625 ILCS 5/11-709.2)
Sec. 11-709.2. Bus on shoulder pilot program.
(a) For purposes of this Section, "bus on shoulders" is the
use of specifically designated shoulders of roadways by
authorized transit buses. The shoulders may be used by transit
buses at times and locations as set by the Department in
cooperation with the Regional Transportation Authority and the

Suburban Bus Division of the Regional Transportation
Authority.
(b) Commencing on the effective date of this amendatory Act
of the 97th General Assembly, the Department along with the
Regional Transportation Authority and Suburban Bus Division of
the Regional Transportation Authority in cooperation with the
Illinois State Police shall establish a 5-year pilot program
within the boundaries of the Regional Transportation Authority
for transit buses on highways and shoulders. The pilot program
may be implemented on shoulders of highways as designated by
the Department in cooperation with the Regional Transportation
Authority and Suburban Bus Division of the Regional
Transportation Authority. The Department may adopt rules
necessary for transit buses to use roadway shoulders.
(c) After the pilot program established under subsection
(b) of this Section has been operating for 2 years, the
Department in cooperation with the Regional Transportation
Transit Authority, the Suburban Bus Division of the Regional
Transportation Authority, and the Illinois State Police shall
issue a report to the General Assembly on the effectiveness of
the bus on shoulders pilot program.
(Source: P.A. 97-292, eff. 8-11-11; revised 11-19-13.)
(625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
Sec. 12-215. Oscillating, rotating or flashing lights on
motor vehicles. Except as otherwise provided in this Code:

(a) The use of red or white oscillating, rotating or
flashing lights, whether lighted or unlighted, is prohibited
except on:
1. Law enforcement vehicles of State, Federal or local
authorities;
2. A vehicle operated by a police officer or county
coroner and designated or authorized by local authorities,
in writing, as a law enforcement vehicle; however, such
designation or authorization must be carried in the
vehicle;
2.1. A vehicle operated by a fire chief who has
completed an emergency vehicle operation training course
approved by the Office of the State Fire Marshal and
designated or authorized by local authorities, in writing,
as a fire department, fire protection district, or township
fire department vehicle; however, the designation or
authorization must be carried in the vehicle, and the
lights may be visible or activated only when responding to
a bona fide emergency;
3. Vehicles of local fire departments and State or
federal firefighting vehicles;
4. Vehicles which are designed and used exclusively as
ambulances or rescue vehicles; furthermore, such lights
shall not be lighted except when responding to an emergency
call for and while actually conveying the sick or injured;
5. Tow trucks licensed in a state that requires such

lights; furthermore, such lights shall not be lighted on
any such tow truck while the tow truck is operating in the
State of Illinois;
6. Vehicles of the Illinois Emergency Management
Agency, vehicles of the Office of the Illinois State Fire
Marshal, vehicles of the Illinois Department of Public
Health, vehicles of the Illinois Department of
Corrections, and vehicles of the Illinois Department of
Juvenile Justice;
7. Vehicles operated by a local or county emergency
management services agency as defined in the Illinois
Emergency Management Agency Act;
8. School buses operating alternately flashing head
lamps as permitted under Section 12-805 of this Code;
9. Vehicles that are equipped and used exclusively as
organ transplant vehicles when used in combination with
blue oscillating, rotating, or flashing lights;
furthermore, these lights shall be lighted only when the
transportation is declared an emergency by a member of the
transplant team or a representative of the organ
procurement organization; and
10. Vehicles of the Illinois Department of Natural
Resources that are used for mine rescue and explosives
emergency response; and .
11. Vehicles of the Illinois Department of
Transportation identified as Emergency Traffic Patrol; the

. The lights shall not be lighted except when responding to
an emergency call or when parked or stationary while
engaged in motor vehicle assistance or at the scene of the
emergency.
(b) The use of amber oscillating, rotating or flashing
lights, whether lighted or unlighted, is prohibited except on:
1. Second division vehicles designed and used for
towing or hoisting vehicles; furthermore, such lights
shall not be lighted except as required in this paragraph
1; such lights shall be lighted when such vehicles are
actually being used at the scene of an accident or
disablement; if the towing vehicle is equipped with a flat
bed that supports all wheels of the vehicle being
transported, the lights shall not be lighted while the
vehicle is engaged in towing on a highway; if the towing
vehicle is not equipped with a flat bed that supports all
wheels of a vehicle being transported, the lights shall be
lighted while the towing vehicle is engaged in towing on a
highway during all times when the use of headlights is
required under Section 12-201 of this Code; in addition,
these vehicles may use white oscillating, rotating, or
flashing lights in combination with amber oscillating,
rotating, or flashing lights as provided in this paragraph;
2. Motor vehicles or equipment of the State of
Illinois, local authorities and contractors; furthermore,
such lights shall not be lighted except while such vehicles

are engaged in maintenance or construction operations
within the limits of construction projects;
3. Vehicles or equipment used by engineering or survey
crews; furthermore, such lights shall not be lighted except
while such vehicles are actually engaged in work on a
highway;
4. Vehicles of public utilities, municipalities, or
other construction, maintenance or automotive service
vehicles except that such lights shall be lighted only as a
means for indicating the presence of a vehicular traffic
hazard requiring unusual care in approaching, overtaking
or passing while such vehicles are engaged in maintenance,
service or construction on a highway;
5. Oversized vehicle or load; however, such lights
shall only be lighted when moving under permit issued by
the Department under Section 15-301 of this Code;
6. The front and rear of motorized equipment owned and
operated by the State of Illinois or any political
subdivision thereof, which is designed and used for removal
of snow and ice from highways;
6.1. (6.1) The front and rear of motorized equipment or
vehicles that (i) are not owned by the State of Illinois or
any political subdivision of the State, (ii) are designed
and used for removal of snow and ice from highways and
parking lots, and (iii) are equipped with a snow plow that
is 12 feet in width; these lights may not be lighted except

when the motorized equipment or vehicle is actually being
used for those purposes on behalf of a unit of government;
7. Fleet safety vehicles registered in another state,
furthermore, such lights shall not be lighted except as
provided for in Section 12-212 of this Code;
8. Such other vehicles as may be authorized by local
authorities;
9. Law enforcement vehicles of State or local
authorities when used in combination with red oscillating,
rotating or flashing lights;
9.5. Propane delivery trucks;
10. Vehicles used for collecting or delivering mail for
the United States Postal Service provided that such lights
shall not be lighted except when such vehicles are actually
being used for such purposes;
10.5. Vehicles of the Office of the Illinois State Fire
Marshal, provided that such lights shall not be lighted
except for when such vehicles are engaged in work for the
Office of the Illinois State Fire Marshal;
11. Any vehicle displaying a slow-moving vehicle
emblem as provided in Section 12-205.1;
12. All trucks equipped with self-compactors or
roll-off hoists and roll-on containers for garbage or
refuse hauling. Such lights shall not be lighted except
when such vehicles are actually being used for such
purposes;

13. Vehicles used by a security company, alarm
responder, control agency, or the Illinois Department of
Corrections;
14. Security vehicles of the Department of Human
Services; however, the lights shall not be lighted except
when being used for security related purposes under the
direction of the superintendent of the facility where the
vehicle is located; and
15. Vehicles of union representatives, except that the
lights shall be lighted only while the vehicle is within
the limits of a construction project.
(c) The use of blue oscillating, rotating or flashing
lights, whether lighted or unlighted, is prohibited except on:
1. Rescue squad vehicles not owned by a fire department
and vehicles owned or operated by a:
voluntary firefighter;
paid firefighter;
part-paid firefighter;
call firefighter;
member of the board of trustees of a fire
protection district;
paid or unpaid member of a rescue squad;
paid or unpaid member of a voluntary ambulance
unit; or
paid or unpaid members of a local or county
emergency management services agency as defined in the

Illinois Emergency Management Agency Act, designated
or authorized by local authorities, in writing, and
carrying that designation or authorization in the
vehicle.
However, such lights are not to be lighted except when
responding to a bona fide emergency or when parked or
stationary at the scene of a fire, rescue call, ambulance
call, or motor vehicle accident.
Any person using these lights in accordance with this
subdivision (c)1 must carry on his or her person an
identification card or letter identifying the bona fide
member of a fire department, fire protection district,
rescue squad, ambulance unit, or emergency management
services agency that owns or operates that vehicle. The
card or letter must include:
(A) the name of the fire department, fire
protection district, rescue squad, ambulance unit, or
emergency management services agency;
(B) the member's position within the fire
department, fire protection district, rescue squad,
ambulance unit, or emergency management services
agency;
(C) the member's term of service; and
(D) the name of a person within the fire
department, fire protection district, rescue squad,
ambulance unit, or emergency management services

agency to contact to verify the information provided.
2. Police department vehicles in cities having a
population of 500,000 or more inhabitants.
3. Law enforcement vehicles of State or local
authorities when used in combination with red oscillating,
rotating or flashing lights.
4. Vehicles of local fire departments and State or
federal firefighting vehicles when used in combination
with red oscillating, rotating or flashing lights.
5. Vehicles which are designed and used exclusively as
ambulances or rescue vehicles when used in combination with
red oscillating, rotating or flashing lights; furthermore,
such lights shall not be lighted except when responding to
an emergency call.
6. Vehicles that are equipped and used exclusively as
organ transport vehicles when used in combination with red
oscillating, rotating, or flashing lights; furthermore,
these lights shall only be lighted when the transportation
is declared an emergency by a member of the transplant team
or a representative of the organ procurement organization.
7. Vehicles of the Illinois Emergency Management
Agency, vehicles of the Office of the Illinois State Fire
Marshal, vehicles of the Illinois Department of Public
Health, vehicles of the Illinois Department of
Corrections, and vehicles of the Illinois Department of
Juvenile Justice, when used in combination with red

oscillating, rotating, or flashing lights.
8. Vehicles operated by a local or county emergency
management services agency as defined in the Illinois
Emergency Management Agency Act, when used in combination
with red oscillating, rotating, or flashing lights.
9. Vehicles of the Illinois Department of Natural
Resources that are used for mine rescue and explosives
emergency response, when used in combination with red
oscillating, rotating, or flashing lights.
(c-1) In addition to the blue oscillating, rotating, or
flashing lights permitted under subsection (c), and
notwithstanding subsection (a), a vehicle operated by a
voluntary firefighter, a voluntary member of a rescue squad, or
a member of a voluntary ambulance unit may be equipped with
flashing white headlights and blue grill lights, which may be
used only in responding to an emergency call or when parked or
stationary at the scene of a fire, rescue call, ambulance call,
or motor vehicle accident.
(c-2) In addition to the blue oscillating, rotating, or
flashing lights permitted under subsection (c), and
notwithstanding subsection (a), a vehicle operated by a paid or
unpaid member of a local or county emergency management
services agency as defined in the Illinois Emergency Management
Agency Act, may be equipped with white oscillating, rotating,
or flashing lights to be used in combination with blue
oscillating, rotating, or flashing lights, if authorization by

local authorities is in writing and carried in the vehicle.
(d) The use of a combination of amber and white
oscillating, rotating or flashing lights, whether lighted or
unlighted, is prohibited except on second division vehicles
designed and used for towing or hoisting vehicles or motor
vehicles or equipment of the State of Illinois, local
authorities, contractors, and union representatives;
furthermore, such lights shall not be lighted on second
division vehicles designed and used for towing or hoisting
vehicles or vehicles of the State of Illinois, local
authorities, and contractors except while such vehicles are
engaged in a tow operation, highway maintenance, or
construction operations within the limits of highway
construction projects, and shall not be lighted on the vehicles
of union representatives except when those vehicles are within
the limits of a construction project.
(e) All oscillating, rotating or flashing lights referred
to in this Section shall be of sufficient intensity, when
illuminated, to be visible at 500 feet in normal sunlight.
(f) Nothing in this Section shall prohibit a manufacturer
of oscillating, rotating or flashing lights or his
representative or authorized vendor from temporarily mounting
such lights on a vehicle for demonstration purposes only. If
the lights are not covered while the vehicle is operated upon a
highway, the vehicle shall display signage indicating that the
vehicle is out of service or not an emergency vehicle. The

signage shall be displayed on all sides of the vehicle in
letters at least 2 inches tall and one-half inch wide. A
vehicle authorized to have oscillating, rotating, or flashing
lights mounted for demonstration purposes may not activate the
lights while the vehicle is operated upon a highway.
(g) Any person violating the provisions of subsections (a),
(b), (c) or (d) of this Section who without lawful authority
stops or detains or attempts to stop or detain another person
shall be guilty of a Class 2 felony.
(h) Except as provided in subsection (g) above, any person
violating the provisions of subsections (a) or (c) of this
Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 97-39, eff. 1-1-12; 97-149, eff. 7-14-11; 97-813,
eff. 7-13-12; 97-1173, eff. 1-1-14; 98-80, eff. 7-15-13;
98-123, eff. 1-1-14; 98-468, eff. 8-16-13; revised 10-17-13.)
(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.
(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 was involved in a motor
vehicle accident that results in great bodily harm, permanent
disability, disfigurement, or death to another and the
violation was a proximate cause of the injury or death.
(c) A second or subsequent 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.
(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;
(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. 97-828, eff. 7-20-12; 98-506, eff. 1-1-14;
98-507, eff. 1-1-14; revised 9-19-13.)
(625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)
Sec. 15-111. Wheel and axle loads and gross weights.
(a) No vehicle or combination of vehicles with pneumatic
tires may be operated, unladen or with load, when the total
weight on the road surface exceeds the following: 20,000 pounds
on a single axle; 34,000 pounds on a tandem axle with no axle
within the tandem exceeding 20,000 pounds; 80,000 pounds gross
weight for vehicle combinations of 5 or more axles; or a total
weight on a group of 2 or more consecutive axles in excess of
that weight produced by the application of the following
formula: W = 500 times the sum of (LN divided by N-1) + 12N +
36, where "W" equals overall total weight on any group of 2 or
more consecutive axles to the nearest 500 pounds, "L" equals
the distance measured to the nearest foot between extremes of
any group of 2 or more consecutive axles, and "N" equals the
number of axles in the group under consideration.
The above formula when expressed in tabular form results in
allowable loads as follows:

Distance measured
to the nearest
foot between the
extremes of any Maximum weight in pounds
group of 2 or of any group of
more consecutive 2 or more consecutive axles
axles
feet 2 axles 3 axles 4 axles 5 axles 6 axles
4 34,000
5 34,000
6 34,000
7 34,000
8 38,000* 42,000
9 39,000 42,500
10 40,000 43,500
11 44,000
12 45,000 50,000
13 45,500 50,500
14 46,500 51,500
15 47,000 52,000
16 48,000 52,500 58,000
17 48,500 53,500 58,500
18 49,500 54,000 59,000
19 50,000 54,500 60,000
20 51,000 55,500 60,500 66,000
21 51,500 56,000 61,000 66,500

22 52,500 56,500 61,500 67,000
23 53,000 57,500 62,500 68,000
24 54,000 58,000 63,000 68,500
25 54,500 58,500 63,500 69,000
26 55,500 59,500 64,000 69,500
27 56,000 60,000 65,000 70,000
28 57,000 60,500 65,500 71,000
29 57,500 61,500 66,000 71,500
30 58,500 62,000 66,500 72,000
31 59,000 62,500 67,500 72,500
32 60,000 63,500 68,000 73,000
33 64,000 68,500 74,000
34 64,500 69,000 74,500
35 65,500 70,000 75,000
36 66,000 70,500 75,500
37 66,500 71,000 76,000
38 67,500 72,000 77,000
39 68,000 72,500 77,500
40 68,500 73,000 78,000
41 69,500 73,500 78,500
42 70,000 74,000 79,000
43 70,500 75,000 80,000
44 71,500 75,500
45 72,000 76,000
46 72,500 76,500
47 73,500 77,500

48 74,000 78,000
49 74,500 78,500
50 75,500 79,000
51 76,000 80,000
52 76,500
53 77,500
54 78,000
55 78,500
56 79,500
57 80,000
*If the distance between 2 axles is 96 inches or less, the 2
axles are tandem axles and the maximum total weight may not
exceed 34,000 pounds, notwithstanding the higher limit
resulting from the application of the formula.
Vehicles not in a combination having more than 4 axles may
not exceed the weight in the table in this subsection (a) for 4
axles measured between the extreme axles of the vehicle.
Vehicles in a combination having more than 6 axles may not
exceed the weight in the table in this subsection (a) for 6
axles measured between the extreme axles of the combination.
Local authorities, with respect to streets and highways
under their jurisdiction, without additional fees, may also by
ordinance or resolution allow the weight limitations of this
subsection, provided the maximum gross weight on any one axle
shall not exceed 20,000 pounds and the maximum total weight on
any tandem axle shall not exceed 34,000 pounds, on designated

highways when appropriate regulatory signs giving notice are
erected upon the street or highway or portion of any street or
highway affected by the ordinance or resolution.
The following are exceptions to the above formula:
(1) Vehicles for which a different limit is established
and posted in accordance with Section 15-316 of this Code.
(2) Vehicles for which the Department of
Transportation and local authorities issue overweight
permits under authority of Section 15-301 of this Code.
These vehicles are not subject to the bridge formula.
(3) Cities having a population of more than 50,000 may
permit by ordinance axle loads on 2 axle motor vehicles 33
1/2% above those provided for herein, but the increase
shall not become effective until the city has officially
notified the Department of the passage of the ordinance and
shall not apply to those vehicles when outside of the
limits of the city, nor shall the gross weight of any 2
axle motor vehicle operating over any street of the city
exceed 40,000 pounds.
(4) Weight limitations shall not apply to vehicles
(including loads) operated by a public utility when
transporting equipment required for emergency repair of
public utility facilities or properties or water wells.
(5) Two consecutive sets of tandem axles may carry a
total weight of 34,000 pounds each if the overall distance
between the first and last axles of the consecutive sets of

tandem axles is 36 feet or more, notwithstanding the lower
limit resulting from the application of the above formula.
(6) A truck, not in combination and used exclusively
for the collection of rendering materials, may, when laden,
transmit upon the road surface, except when on part of the
National System of Interstate and Defense Highways, the
following maximum weights: 22,000 pounds on a single axle;
40,000 pounds on a tandem axle.
(7) A truck not in combination, equipped with a self
compactor or an industrial roll-off hoist and roll-off
container, used exclusively for garbage, refuse, or
recycling operations, may, when laden, transmit upon the
road surface, except when on part of the National System of
Interstate and Defense Highways, the following maximum
weights: 22,000 pounds on a single axle; 40,000 pounds on a
tandem axle; 40,000 pounds gross weight on a 2-axle
vehicle; 54,000 pounds gross weight on a 3-axle vehicle.
This vehicle is not subject to the bridge formula.
(7.5) A 3-axle rear discharge truck mixer registered as
a Special Hauling Vehicle, used exclusively for the mixing
and transportation of concrete in the plastic state, may,
when laden, transmit upon the road surface, except when on
part of the National System of Interstate and Defense
Highways, the following maximum weights: 22,000 pounds on
single axle; 40,000 pounds on a tandem axle; 54,000 pounds
gross weight on a 3-axle vehicle. This vehicle is not

subject to the bridge formula.
(8) Except as provided in paragraph (7.5) of this
subsection (a), tandem axles on a 3-axle truck registered
as a Special Hauling Vehicle, manufactured prior to or in
the model year of 2024 and first registered in Illinois
prior to January 1, 2025, with a distance greater than 72
inches but not more than 96 inches between any series of 2
axles, is allowed a combined weight on the series not to
exceed 36,000 pounds and neither axle of the series may
exceed 20,000 pounds. Any vehicle of this type manufactured
after the model year of 2024 or first registered in
Illinois after December 31, 2024 may not exceed a combined
weight of 34,000 pounds through the series of 2 axles and
neither axle of the series may exceed 20,000 pounds.
A 3-axle combination sewer cleaning jetting vacuum
truck registered as a Special Hauling Vehicle, used
exclusively for the transportation of non-hazardous solid
waste, manufactured before or in the model year of 2014,
first registered in Illinois before January 1, 2015, may,
when laden, transmit upon the road surface, except when on
part of the National System of Interstate and Defense
Highways, the following maximum weights: 22,000 pounds on a
single axle; 40,000 pounds on a tandem axle; 54,000 pounds
gross weight on a 3-axle vehicle. This vehicle is not
subject to the bridge formula.
(9) A 4-axle truck mixer registered as a Special

Hauling Vehicle, used exclusively for the mixing and
transportation of concrete in the plastic state, 2024 2025
and not operated on a highway that is part of the National
System of Interstate Highways, is allowed the following
maximum weights: 20,000 pounds on any single axle; 36,000
pounds on a series of axles greater than 72 inches but not
more than 96 inches; and 34,000 pounds on any series of 2
axles greater than 40 inches but not more than 72 inches.
The gross weight of this vehicle may not exceed the weights
allowed by the bridge formula for 4 axles. The bridge
formula does not apply to any series of 3 axles while the
vehicle is transporting concrete in the plastic state, but
no axle or tandem axle of the series may exceed the maximum
weight permitted under this paragraph (9) of subsection
(a).
(10) Combinations of vehicles, registered as Special
Hauling Vehicles that include a semitrailer manufactured
prior to or in the model year of 2024, and registered in
Illinois prior to January 1, 2025, having 5 axles with a
distance of 42 feet or less between extreme axles, may not
exceed the following maximum weights: 20,000 pounds on a
single axle; 34,000 pounds on a tandem axle; and 72,000
pounds gross weight. This combination of vehicles is not
subject to the bridge formula. For all those combinations
of vehicles that include a semitrailer manufactured after
the effective date of P.A. 92-0417, the overall distance

between the first and last axles of the 2 sets of tandems
must be 18 feet 6 inches or more. Any combination of
vehicles that has had its cargo container replaced in its
entirety after December 31, 2024 may not exceed the weights
allowed by the bridge formula.
(11) The maximum weight allowed on a vehicle with
crawler type tracks is 40,000 pounds.
(12) A combination of vehicles, including a tow truck
and a disabled vehicle or disabled combination of vehicles,
that exceeds the weight restriction imposed by this Code,
may be operated on a public highway in this State provided
that neither the disabled vehicle nor any vehicle being
towed nor the tow truck itself shall exceed the weight
limitations permitted under this Chapter. During the
towing operation, neither the tow truck nor the vehicle
combination shall exceed 24,000 pounds on a single rear
axle and 44,000 pounds on a tandem rear axle, provided the
towing vehicle:
(i) is specifically designed as a tow truck having
a gross vehicle weight rating of at least 18,000 pounds
and is equipped with air brakes, provided that air
brakes are required only if the towing vehicle is
towing a vehicle, semitrailer, or tractor-trailer
combination that is equipped with air brakes;
(ii) is equipped with flashing, rotating, or
oscillating amber lights, visible for at least 500 feet

in all directions;
(iii) is capable of utilizing the lighting and
braking systems of the disabled vehicle or combination
of vehicles; and
(iv) does not engage in a tow exceeding 20 miles
from the initial point of wreck or disablement. Any
additional movement of the vehicles may occur only upon
issuance of authorization for that movement under the
provisions of Sections 15-301 through 15-319 of this
Code. The towing vehicle, however, may tow any disabled
vehicle to a point where repairs are actually to occur.
This movement shall be valid only on State routes. The
tower must abide by posted bridge weight limits.
Gross weight limits shall not apply to the combination of
the tow truck and vehicles being towed. The tow truck license
plate must cover the operating empty weight of the tow truck
only. The weight of each vehicle being towed shall be covered
by a valid license plate issued to the owner or operator of the
vehicle being towed and displayed on that vehicle. If no valid
plate issued to the owner or operator of that vehicle is
displayed on that vehicle, or the plate displayed on that
vehicle does not cover the weight of the vehicle, the weight of
the vehicle shall be covered by the third tow truck plate
issued to the owner or operator of the tow truck and
temporarily affixed to the vehicle being towed. If a roll-back
carrier is registered and being used as a tow truck, however,

the license plate or plates for the tow truck must cover the
gross vehicle weight, including any load carried on the bed of
the roll-back carrier.
The Department may by rule or regulation prescribe
additional requirements. However, nothing in this Code shall
prohibit a tow truck under instructions of a police officer
from legally clearing a disabled vehicle, that may be in
violation of weight limitations of this Chapter, from the
roadway to the berm or shoulder of the highway. If in the
opinion of the police officer that location is unsafe, the
officer is authorized to have the disabled vehicle towed to the
nearest place of safety.
For the purpose of this subsection, gross vehicle weight
rating, or GVWR, means the value specified by the manufacturer
as the loaded weight of the tow truck.
(b) As used in this Section, "recycling haul" or "recycling
operation" means the hauling of non-hazardous, non-special,
non-putrescible materials, such as paper, glass, cans, or
plastic, for subsequent use in the secondary materials market.
(c) No vehicle or combination of vehicles equipped with
pneumatic tires shall be operated, unladen or with load, upon
the highways of this State in violation of the provisions of
any permit issued under the provisions of Sections 15-301
through 15-319 of this Chapter.
(d) No vehicle or combination of vehicles equipped with
other than pneumatic tires may be operated, unladen or with

load, upon the highways of this State when the gross weight on
the road surface through any wheel exceeds 800 pounds per inch
width of tire tread or when the gross weight on the road
surface through any axle exceeds 16,000 pounds.
(e) No person shall operate a vehicle or combination of
vehicles over a bridge or other elevated structure constituting
part of a highway with a gross weight that is greater than the
maximum weight permitted by the Department, when the structure
is sign posted as provided in this Section.
(f) The Department upon request from any local authority
shall, or upon its own initiative may, conduct an investigation
of any bridge or other elevated structure constituting a part
of a highway, and if it finds that the structure cannot with
safety to itself withstand the weight of vehicles otherwise
permissible under this Code the Department shall determine and
declare the maximum weight of vehicles that the structures can
withstand, and shall cause or permit suitable signs stating
maximum weight to be erected and maintained before each end of
the structure. No person shall operate a vehicle or combination
of vehicles over any structure with a gross weight that is
greater than the posted maximum weight.
(g) Upon the trial of any person charged with a violation
of subsection (e) or (f) of this Section, proof of the
determination of the maximum allowable weight by the Department
and the existence of the signs, constitutes conclusive evidence
of the maximum weight that can be maintained with safety to the

bridge or structure.
(Source: P.A. 97-201, eff. 1-1-12; 98-409, eff. 1-1-14; 98-410,
eff. 8-16-13; revised 9-19-13.)
Section 680. The Snowmobile Registration and Safety Act is
amended by changing Section 1-2.06 as follows:
(625 ILCS 40/1-2.06) (from Ch. 95 1/2, par. 601-2.06)
Sec. 1-2.06. "Intoxicating Beverage" means any beverage
enumerated in the "Liquor Control Act of 1934".
(Source: P.A. 78-856; revised 9-23-13.)
Section 685. The Circuit Courts Act is amended by changing
Section 1 as follows:
(705 ILCS 35/1) (from Ch. 37, par. 72.1)
Sec. 1. Judicial circuits created. The county of Cook shall
be one judicial circuit and the State of Illinois, exclusive of
the county of Cook, shall be and is divided into judicial
circuits as follows:
First Circuit--The counties of Alexander, Pulaski, Massac,
Pope, Johnson, Union, Jackson, Williamson and Saline.
Second Circuit--The counties of Hardin, Gallatin, White,
Hamilton, Franklin, Wabash, Edwards, Wayne, Jefferson,
Richland, Lawrence and Crawford.
Third Circuit--The counties of Madison and Bond.

Fourth Circuit--The counties of Clinton, Marion, Clay,
Fayette, Effingham, Jasper, Montgomery, Shelby and Christian.
Fifth Circuit--The counties of Vermilion, Edgar, Clark,
Cumberland and Coles.
Sixth Circuit--The counties of Champaign, Douglas,
Moultrie, Macon, DeWitt and Piatt.
Seventh Circuit--The counties of Sangamon, Macoupin,
Morgan, Scott, Greene and Jersey.
Eighth Circuit--The counties of Adams, Schuyler, Mason,
Cass, Brown, Pike, Calhoun and Menard.
Ninth Circuit--The counties of Knox, Warren, Henderson,
Hancock, McDonough and Fulton.
Tenth Circuit--The counties of Peoria, Marshall, Putnam,
Stark and Tazewell.
Eleventh Circuit--The counties of McLean, Livingston,
Logan, Ford and Woodford.
Twelfth Circuit--The county of Will.
Thirteenth Circuit--The counties of Bureau, LaSalle and
Grundy.
Fourteenth Circuit--The counties of Rock Island, Mercer,
Whiteside and Henry.
Fifteenth Circuit--The counties of Jo Daviess JoDaviess,
Stephenson, Carroll, Ogle and Lee.
Sixteenth Circuit--Before December 3, 2012, the counties
of Kane, DeKalb, and Kendall. On and after December 3, 2012,
the County of Kane.

Seventeenth Circuit--The counties of Winnebago and Boone.
Eighteenth Circuit--The county of DuPage.
Nineteenth Circuit--Before December 4, 2006, the counties
of Lake and McHenry. On and after December 4, 2006, the County
of Lake.
Twentieth Circuit--The counties of Randolph, Monroe, St.
Clair, Washington and Perry.
Twenty-first Circuit--The counties of Iroquois and
Kankakee.
Twenty-second Circuit--On and after December 4, 2006, the
County of McHenry.
Twenty-third Circuit--On and after December 3, 2012, the
counties of DeKalb and Kendall.
(Source: P.A. 97-585, eff. 8-26-11; revised 11-22-13.)
Section 690. The Juvenile Court Act of 1987 is amended by
changing Sections 1-7, 1-8, 2-10, 2-28, 3-12, 4-9, 5-105,
5-130, 5-401.5, 5-410, 5-901, 5-905, and 5-915 as follows:
(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
Sec. 1-7. Confidentiality of law enforcement records.
(A) Inspection and copying of law enforcement records
maintained by law enforcement agencies that relate to a minor
who has been arrested or taken into custody before his or her
18th birthday shall be restricted to the following:
(1) Any local, State or federal law enforcement

officers of any jurisdiction or agency when necessary for
the discharge of their official duties during the
investigation or prosecution of a crime or relating to a
minor who has been adjudicated delinquent and there has
been a previous finding that the act which constitutes the
previous offense was committed in furtherance of criminal
activities by a criminal street gang, or, when necessary
for the discharge of its official duties in connection with
a particular investigation of the conduct of a law
enforcement officer, an independent agency or its staff
created by ordinance and charged by a unit of local
government with the duty of investigating the conduct of
law enforcement officers. For purposes of this Section,
"criminal street gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(2) Prosecutors, probation officers, social workers,
or other individuals assigned by the court to conduct a
pre-adjudication or pre-disposition investigation, and
individuals responsible for supervising or providing
temporary or permanent care and custody for minors pursuant
to the order of the juvenile court, when essential to
performing their responsibilities.
(3) Prosecutors and probation officers:
(a) in the course of a trial when institution of
criminal proceedings has been permitted or required

under Section 5-805; or
(b) when institution of criminal proceedings has
been permitted or required under Section 5-805 and such
minor is the subject of a proceeding to determine the
amount of bail; or
(c) when criminal proceedings have been permitted
or required under Section 5-805 and such minor is the
subject of a pre-trial investigation, pre-sentence
investigation, fitness hearing, or proceedings on an
application for probation.
(4) Adult and Juvenile Prisoner Review Board.
(5) Authorized military personnel.
(6) Persons engaged in bona fide research, with the
permission of the Presiding Judge of the Juvenile Court and
the chief executive of the respective law enforcement
agency; provided that publication of such research results
in no disclosure of a minor's identity and protects the
confidentiality of the minor's record.
(7) Department of Children and Family Services child
protection investigators acting in their official
capacity.
(8) The appropriate school official only if the agency
or officer believes that there is an imminent threat of
physical harm to students, school personnel, or others who
are present in the school or on school grounds.
(A) Inspection and copying shall be limited to law

enforcement records transmitted to the appropriate
school official or officials whom the school has
determined to have a legitimate educational or safety
interest by a local law enforcement agency under a
reciprocal reporting system established and maintained
between the school district and the local law
enforcement agency under Section 10-20.14 of the
School Code concerning a minor enrolled in a school
within the school district who has been arrested or
taken into custody for any of the following offenses:
(i) any violation of Article 24 of the Criminal
Code of 1961 or the Criminal Code of 2012;
(ii) a violation of the Illinois Controlled
Substances Act;
(iii) a violation of the Cannabis Control Act;
(iv) a forcible felony as defined in Section
2-8 of the Criminal Code of 1961 or the Criminal
Code of 2012;
(v) a violation of the Methamphetamine Control
and Community Protection Act;
(vi) a violation of Section 1-2 of the
Harassing and Obscene Communications Act;
(vii) a violation of the Hazing Act; or
(viii) a violation of Section 12-1, 12-2,
12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the

Criminal Code of 1961 or the Criminal Code of 2012.
The information derived from the law enforcement
records shall be kept separate from and shall not
become a part of the official school record of that
child and shall not be a public record. The information
shall be used solely by the appropriate school official
or officials whom the school has determined to have a
legitimate educational or safety interest to aid in the
proper rehabilitation of the child and to protect the
safety of students and employees in the school. If the
designated law enforcement and school officials deem
it to be in the best interest of the minor, the student
may be referred to in-school or community based social
services if those services are available.
"Rehabilitation services" may include interventions by
school support personnel, evaluation for eligibility
for special education, referrals to community-based
agencies such as youth services, behavioral healthcare
service providers, drug and alcohol prevention or
treatment programs, and other interventions as deemed
appropriate for the student.
(B) Any information provided to appropriate school
officials whom the school has determined to have a
legitimate educational or safety interest by local law
enforcement officials about a minor who is the subject
of a current police investigation that is directly

related to school safety shall consist of oral
information only, and not written law enforcement
records, and shall be used solely by the appropriate
school official or officials to protect the safety of
students and employees in the school and aid in the
proper rehabilitation of the child. The information
derived orally from the local law enforcement
officials shall be kept separate from and shall not
become a part of the official school record of the
child and shall not be a public record. This limitation
on the use of information about a minor who is the
subject of a current police investigation shall in no
way limit the use of this information by prosecutors in
pursuing criminal charges arising out of the
information disclosed during a police investigation of
the minor. For purposes of this paragraph,
"investigation" means an official systematic inquiry
by a law enforcement agency into actual or suspected
criminal activity.
(9) Mental health professionals on behalf of the
Illinois Department of Corrections or the Department of
Human Services or prosecutors who are evaluating,
prosecuting, or investigating a potential or actual
petition brought under the Sexually Violent Persons
Commitment Act relating to a person who is the subject of
juvenile law enforcement records or the respondent to a

petition brought under the Sexually Violent Persons
Commitment Act who is the subject of the juvenile law
enforcement records sought. Any records and any
information obtained from those records under this
paragraph (9) may be used only in sexually violent persons
commitment proceedings.
(10) The president of a park district. Inspection and
copying shall be limited to law enforcement records
transmitted to the president of the park district by the
Illinois State Police under Section 8-23 of the Park
District Code or Section 16a-5 of the Chicago Park District
Act concerning a person who is seeking employment with that
park district and who has been adjudicated a juvenile
delinquent for any of the offenses listed in subsection (c)
of Section 8-23 of the Park District Code or subsection (c)
of Section 16a-5 of the Chicago Park District Act.
(B)(1) Except as provided in paragraph (2), no law
enforcement officer or other person or agency may knowingly
transmit to the Department of Corrections or the Department
of State Police or to the Federal Bureau of Investigation
any fingerprint or photograph relating to a minor who has
been arrested or taken into custody before his or her 18th
birthday, unless the court in proceedings under this Act
authorizes the transmission or enters an order under
Section 5-805 permitting or requiring the institution of
criminal proceedings.

(2) Law enforcement officers or other persons or
agencies shall transmit to the Department of State Police
copies of fingerprints and descriptions of all minors who
have been arrested or taken into custody before their 18th
birthday for the offense of unlawful use of weapons under
Article 24 of the Criminal Code of 1961 or the Criminal
Code of 2012, a Class X or Class 1 felony, a forcible
felony as defined in Section 2-8 of the Criminal Code of
1961 or the Criminal Code of 2012, or a Class 2 or greater
felony under the Cannabis Control Act, the Illinois
Controlled Substances Act, the Methamphetamine Control and
Community Protection Act, or Chapter 4 of the Illinois
Vehicle Code, pursuant to Section 5 of the Criminal
Identification Act. Information reported to the Department
pursuant to this Section may be maintained with records
that the Department files pursuant to Section 2.1 of the
Criminal Identification Act. Nothing in this Act prohibits
a law enforcement agency from fingerprinting a minor taken
into custody or arrested before his or her 18th birthday
for an offense other than those listed in this paragraph
(2).
(C) The records of law enforcement officers, or of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, concerning all minors under 18
years of age must be maintained separate from the records of

arrests and may not be open to public inspection or their
contents disclosed to the public except by order of the court
presiding over matters pursuant to this Act or when the
institution of criminal proceedings has been permitted or
required under Section 5-805 or such a person has been
convicted of a crime and is the subject of pre-sentence
investigation or proceedings on an application for probation or
when provided by law. For purposes of obtaining documents
pursuant to this Section, a civil subpoena is not an order of
the court.
(1) In cases where the law enforcement, or independent
agency, records concern a pending juvenile court case, the
party seeking to inspect the records shall provide actual
notice to the attorney or guardian ad litem of the minor
whose records are sought.
(2) In cases where the records concern a juvenile court
case that is no longer pending, the party seeking to
inspect the records shall provide actual notice to the
minor or the minor's parent or legal guardian, and the
matter shall be referred to the chief judge presiding over
matters pursuant to this Act.
(3) In determining whether the records should be
available for inspection, the court shall consider the
minor's interest in confidentiality and rehabilitation
over the moving party's interest in obtaining the
information. Any records obtained in violation of this

subsection (C) shall not be admissible in any criminal or
civil proceeding, or operate to disqualify a minor from
subsequently holding public office or securing employment,
or operate as a forfeiture of any public benefit, right,
privilege, or right to receive any license granted by
public authority.
(D) Nothing contained in subsection (C) of this Section
shall prohibit the inspection or disclosure to victims and
witnesses of photographs contained in the records of law
enforcement agencies when the inspection and disclosure is
conducted in the presence of a law enforcement officer for the
purpose of the identification or apprehension of any person
subject to the provisions of this Act or for the investigation
or prosecution of any crime.
(E) Law enforcement officers, and personnel of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, may not disclose the identity of
any minor in releasing information to the general public as to
the arrest, investigation or disposition of any case involving
a minor.
(F) Nothing contained in this Section shall prohibit law
enforcement agencies from communicating with each other by
letter, memorandum, teletype or intelligence alert bulletin or
other means the identity or other relevant information
pertaining to a person under 18 years of age if there are

reasonable grounds to believe that the person poses a real and
present danger to the safety of the public or law enforcement
officers. The information provided under this subsection (F)
shall remain confidential and shall not be publicly disclosed,
except as otherwise allowed by law.
(G) Nothing in this Section shall prohibit the right of a
Civil Service Commission or appointing authority of any state,
county or municipality examining the character and fitness of
an applicant for employment with a law enforcement agency,
correctional institution, or fire department from obtaining
and examining the records of any law enforcement agency
relating to any record of the applicant having been arrested or
taken into custody before the applicant's 18th birthday.
(H) The changes made to this Section by Public Act 98-61
this amendatory Act of the 98th General Assembly apply to law
enforcement records of a minor who has been arrested or taken
into custody on or after January 1, 2014 (the effective date of
Public Act 98-61) this amendatory Act.
(Source: P.A. 97-700, eff. 6-22-12; 97-1083, eff. 8-24-12;
97-1104, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-61, eff.
1-1-14; revised 11-22-13.)
(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
Sec. 1-8. Confidentiality and accessibility of juvenile
court records.
(A) Inspection and copying of juvenile court records

relating to a minor who is the subject of a proceeding under
this Act shall be restricted to the following:
(1) The minor who is the subject of record, his
parents, guardian and counsel.
(2) Law enforcement officers and law enforcement
agencies when such information is essential to executing an
arrest or search warrant or other compulsory process, or to
conducting an ongoing investigation or relating to a minor
who has been adjudicated delinquent and there has been a
previous finding that the act which constitutes the
previous offense was committed in furtherance of criminal
activities by a criminal street gang.
Before July 1, 1994, for the purposes of this Section,
"criminal street gang" means any ongoing organization,
association, or group of 3 or more persons, whether formal
or informal, having as one of its primary activities the
commission of one or more criminal acts and that has a
common name or common identifying sign, symbol or specific
color apparel displayed, and whose members individually or
collectively engage in or have engaged in a pattern of
criminal activity.
Beginning July 1, 1994, for purposes of this Section,
"criminal street gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(3) Judges, hearing officers, prosecutors, probation

officers, social workers or other individuals assigned by
the court to conduct a pre-adjudication or predisposition
investigation, and individuals responsible for supervising
or providing temporary or permanent care and custody for
minors pursuant to the order of the juvenile court when
essential to performing their responsibilities.
(4) Judges, prosecutors and probation officers:
(a) in the course of a trial when institution of
criminal proceedings has been permitted or required
under Section 5-805; or
(b) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the
subject of a proceeding to determine the amount of
bail; or
(c) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the
subject of a pre-trial investigation, pre-sentence
investigation or fitness hearing, or proceedings on an
application for probation; or
(d) when a minor becomes 18 years of age or older,
and is the subject of criminal proceedings, including a
hearing to determine the amount of bail, a pre-trial
investigation, a pre-sentence investigation, a fitness
hearing, or proceedings on an application for
probation.
(5) Adult and Juvenile Prisoner Review Boards.

(6) Authorized military personnel.
(7) Victims, their subrogees and legal
representatives; however, such persons shall have access
only to the name and address of the minor and information
pertaining to the disposition or alternative adjustment
plan of the juvenile court.
(8) Persons engaged in bona fide research, with the
permission of the presiding judge of the juvenile court and
the chief executive of the agency that prepared the
particular records; provided that publication of such
research results in no disclosure of a minor's identity and
protects the confidentiality of the record.
(9) The Secretary of State to whom the Clerk of the
Court shall report the disposition of all cases, as
required in Section 6-204 of the Illinois Vehicle Code.
However, information reported relative to these offenses
shall be privileged and available only to the Secretary of
State, courts, and police officers.
(10) The administrator of a bonafide substance abuse
student assistance program with the permission of the
presiding judge of the juvenile court.
(11) Mental health professionals on behalf of the
Illinois Department of Corrections or the Department of
Human Services or prosecutors who are evaluating,
prosecuting, or investigating a potential or actual
petition brought under the Sexually Violent Persons

Commitment Act relating to a person who is the subject of
juvenile court records or the respondent to a petition
brought under the Sexually Violent Persons Commitment Act,
who is the subject of juvenile court records sought. Any
records and any information obtained from those records
under this paragraph (11) may be used only in sexually
violent persons commitment proceedings.
(A-1) Findings and exclusions of paternity entered in
proceedings occurring under Article II of this Act shall be
disclosed, in a manner and form approved by the Presiding Judge
of the Juvenile Court, to the Department of Healthcare and
Family Services when necessary to discharge the duties of the
Department of Healthcare and Family Services under Article X of
the Illinois Public Aid Code.
(B) A minor who is the victim in a juvenile proceeding
shall be provided the same confidentiality regarding
disclosure of identity as the minor who is the subject of
record.
(C) Except as otherwise provided in this subsection (C),
juvenile court records shall not be made available to the
general public. Subject to the limitations in paragraphs (0.1)
through (0.4) of this subsection (C), the judge presiding over
a juvenile court proceeding brought under this Act, in his or
her discretion, may order that juvenile court records of an
individual case be made available for inspection upon request
by a representative of an agency, association, or news media

entity or by a properly interested person. For purposes of
inspecting documents under this subsection (C), a civil
subpoena is not an order of the court.
(0.1) In cases where the records concern a pending
juvenile court case, the requesting party seeking to
inspect the juvenile court records shall provide actual
notice to the attorney or guardian ad litem of the minor
whose records are sought.
(0.2) In cases where the records concern a juvenile
court case that is no longer pending, the requesting party
seeking to inspect the juvenile court records shall provide
actual notice to the minor or the minor's parent or legal
guardian, and the matter shall be referred to the chief
judge presiding over matters pursuant to this Act.
(0.3) In determining whether records should be made
available for inspection and whether inspection should be
limited to certain parts of the file, the court shall
consider the minor's interest in confidentiality and
rehabilitation over the requesting party's interest in
obtaining the information. The State's Attorney, the
minor, and the minor's parents, guardian, and counsel shall
at all times have the right to examine court files and
records.
(0.4) Any records obtained in violation of this
subsection (C) shall not be admissible in any criminal or
civil proceeding, or operate to disqualify a minor from

subsequently holding public office, or operate as a
forfeiture of any public benefit, right, privilege, or
right to receive any license granted by public authority.
(1) The court shall allow the general public to have
access to the name, address, and offense of a minor who is
adjudicated a delinquent minor under this Act under either
of the following circumstances:
(A) The adjudication of delinquency was based upon
the minor's commission of first degree murder, attempt
to commit first degree murder, aggravated criminal
sexual assault, or criminal sexual assault; or
(B) The court has made a finding that the minor was
at least 13 years of age at the time the act was
committed and the adjudication of delinquency was
based upon the minor's commission of: (i) an act in
furtherance of the commission of a felony as a member
of or on behalf of a criminal street gang, (ii) an act
involving the use of a firearm in the commission of a
felony, (iii) an act that would be a Class X felony
offense under or the minor's second or subsequent Class
2 or greater felony offense under the Cannabis Control
Act if committed by an adult, (iv) an act that would be
a second or subsequent offense under Section 402 of the
Illinois Controlled Substances Act if committed by an
adult, (v) an act that would be an offense under
Section 401 of the Illinois Controlled Substances Act

if committed by an adult, (vi) an act that would be a
second or subsequent offense under Section 60 of the
Methamphetamine Control and Community Protection Act,
or (vii) an act that would be an offense under another
Section of the Methamphetamine Control and Community
Protection Act.
(2) The court shall allow the general public to have
access to the name, address, and offense of a minor who is
at least 13 years of age at the time the offense is
committed and who is convicted, in criminal proceedings
permitted or required under Section 5-4, under either of
the following circumstances:
(A) The minor has been convicted of first degree
murder, attempt to commit first degree murder,
aggravated criminal sexual assault, or criminal sexual
assault,
(B) The court has made a finding that the minor was
at least 13 years of age at the time the offense was
committed and the conviction was based upon the minor's
commission of: (i) an offense in furtherance of the
commission of a felony as a member of or on behalf of a
criminal street gang, (ii) an offense involving the use
of a firearm in the commission of a felony, (iii) a
Class X felony offense under or a second or subsequent
Class 2 or greater felony offense under the Cannabis
Control Act, (iv) a second or subsequent offense under

Section 402 of the Illinois Controlled Substances Act,
(v) an offense under Section 401 of the Illinois
Controlled Substances Act, (vi) an act that would be a
second or subsequent offense under Section 60 of the
Methamphetamine Control and Community Protection Act,
or (vii) an act that would be an offense under another
Section of the Methamphetamine Control and Community
Protection Act.
(D) Pending or following any adjudication of delinquency
for any offense defined in Sections 11-1.20 through 11-1.60 or
12-13 through 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the victim of any such offense shall
receive the rights set out in Sections 4 and 6 of the Bill of
Rights for Victims and Witnesses of Violent Crime Act; and the
juvenile who is the subject of the adjudication,
notwithstanding any other provision of this Act, shall be
treated as an adult for the purpose of affording such rights to
the victim.
(E) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority of any state,
county or municipality examining the character and fitness of
an applicant for employment with a law enforcement agency,
correctional institution, or fire department to ascertain
whether that applicant was ever adjudicated to be a delinquent
minor and, if so, to examine the records of disposition or
evidence which were made in proceedings under this Act.

(F) Following any adjudication of delinquency for a crime
which would be a felony if committed by an adult, or following
any adjudication of delinquency for a violation of Section
24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
Criminal Code of 2012, the State's Attorney shall ascertain
whether the minor respondent is enrolled in school and, if so,
shall provide a copy of the dispositional order to the
principal or chief administrative officer of the school. Access
to such juvenile records shall be limited to the principal or
chief administrative officer of the school and any guidance
counselor designated by him.
(G) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
(H) When a Court hearing a proceeding under Article II of
this Act becomes aware that an earlier proceeding under Article
II had been heard in a different county, that Court shall
request, and the Court in which the earlier proceedings were
initiated shall transmit, an authenticated copy of the Court
record, including all documents, petitions, and orders filed
therein and the minute orders, transcript of proceedings, and
docket entries of the Court.
(I) The Clerk of the Circuit Court shall report to the

Department of State Police, in the form and manner required by
the Department of State Police, the final disposition of each
minor who has been arrested or taken into custody before his or
her 18th birthday for those offenses required to be reported
under Section 5 of the Criminal Identification Act. Information
reported to the Department under this Section may be maintained
with records that the Department files under Section 2.1 of the
Criminal Identification Act.
(J) The changes made to this Section by Public Act 98-61
this amendatory Act of the 98th General Assembly apply to law
enforcement records of a minor who has been arrested or taken
into custody on or after January 1, 2014 (the effective date of
Public Act 98-61) this amendatory Act.
(Source: P.A. 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13;
98-61, eff. 1-1-14; 98-552, eff. 8-27-13; revised 1-17-14.)
(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
Sec. 2-10. Temporary custody hearing. At the appearance of
the minor before the court at the temporary custody hearing,
all witnesses present shall be examined before the court in
relation to any matter connected with the allegations made in
the petition.
(1) If the court finds that there is not probable cause to
believe that the minor is abused, neglected or dependent it
shall release the minor and dismiss the petition.
(2) If the court finds that there is probable cause to

believe that the minor is abused, neglected or dependent, the
court shall state in writing the factual basis supporting its
finding and the minor, his or her parent, guardian, custodian
and other persons able to give relevant testimony shall be
examined before the court. The Department of Children and
Family Services shall give testimony concerning indicated
reports of abuse and neglect, of which they are aware of
through the central registry, involving the minor's parent,
guardian or custodian. After such testimony, the court may,
consistent with the health, safety and best interests of the
minor, enter an order that the minor shall be released upon the
request of parent, guardian or custodian if the parent,
guardian or custodian appears to take custody. If it is
determined that a parent's, guardian's, or custodian's
compliance with critical services mitigates the necessity for
removal of the minor from his or her home, the court may enter
an Order of Protection setting forth reasonable conditions of
behavior that a parent, guardian, or custodian must observe for
a specified period of time, not to exceed 12 months, without a
violation; provided, however, that the 12-month period shall
begin anew after any violation. Custodian shall include any
agency of the State which has been given custody or wardship of
the child. If it is consistent with the health, safety and best
interests of the minor, the court may also prescribe shelter
care and order that the minor be kept in a suitable place
designated by the court or in a shelter care facility

designated by the Department of Children and Family Services or
a licensed child welfare agency; however, a minor charged with
a criminal offense under the Criminal Code of 1961 or the
Criminal Code of 2012 or adjudicated delinquent shall not be
placed in the custody of or committed to the Department of
Children and Family Services by any court, except a minor less
than 15 years of age and committed to the Department of
Children and Family Services under Section 5-710 of this Act or
a minor for whom an independent basis of abuse, neglect, or
dependency exists. An independent basis exists when the
allegations or adjudication of abuse, neglect, or dependency do
not arise from the same facts, incident, or circumstances which
give rise to a charge or adjudication of delinquency.
In placing the minor, the Department or other agency shall,
to the extent compatible with the court's order, comply with
Section 7 of the Children and Family Services Act. In
determining the health, safety and best interests of the minor
to prescribe shelter care, the court must find that it is a
matter of immediate and urgent necessity for the safety and
protection of the minor or of the person or property of another
that the minor be placed in a shelter care facility or that he
or she is likely to flee the jurisdiction of the court, and
must further find that reasonable efforts have been made or
that, consistent with the health, safety and best interests of
the minor, no efforts reasonably can be made to prevent or
eliminate the necessity of removal of the minor from his or her

home. The court shall require documentation from the Department
of Children and Family Services as to the reasonable efforts
that were made to prevent or eliminate the necessity of removal
of the minor from his or her home or the reasons why no efforts
reasonably could be made to prevent or eliminate the necessity
of removal. When a minor is placed in the home of a relative,
the Department of Children and Family Services shall complete a
preliminary background review of the members of the minor's
custodian's household in accordance with Section 4.3 of the
Child Care Act of 1969 within 90 days of that placement. If the
minor is ordered placed in a shelter care facility of the
Department of Children and Family Services or a licensed child
welfare agency, the court shall, upon request of the
appropriate Department or other agency, appoint the Department
of Children and Family Services Guardianship Administrator or
other appropriate agency executive temporary custodian of the
minor and the court may enter such other orders related to the
temporary custody as it deems fit and proper, including the
provision of services to the minor or his family to ameliorate
the causes contributing to the finding of probable cause or to
the finding of the existence of immediate and urgent necessity.
Where the Department of Children and Family Services
Guardianship Administrator is appointed as the executive
temporary custodian, the Department of Children and Family
Services shall file with the court and serve on the parties a
parent-child visiting plan, within 10 days, excluding weekends

and holidays, after the appointment. The parent-child visiting
plan shall set out the time and place of visits, the frequency
of visits, the length of visits, who shall be present at the
visits, and where appropriate, the minor's opportunities to
have telephone and mail communication with the parents.
Where the Department of Children and Family Services
Guardianship Administrator is appointed as the executive
temporary custodian, and when the child has siblings in care,
the Department of Children and Family Services shall file with
the court and serve on the parties a sibling placement and
contact plan within 10 days, excluding weekends and holidays,
after the appointment. The sibling placement and contact plan
shall set forth whether the siblings are placed together, and
if they are not placed together, what, if any, efforts are
being made to place them together. If the Department has
determined that it is not in a child's best interest to be
placed with a sibling, the Department shall document in the
sibling placement and contact plan the basis for its
determination. For siblings placed separately, the sibling
placement and contact plan shall set the time and place for
visits, the frequency of the visits, the length of visits, who
shall be present for the visits, and where appropriate, the
child's opportunities to have contact with their siblings in
addition to in person contact. If the Department determines it
is not in the best interest of a sibling to have contact with a
sibling, the Department shall document in the sibling placement

and contact plan the basis for its determination. The sibling
placement and contact plan shall specify a date for development
of the Sibling Contact Support Plan, under subsection (f) of
Section 7.4 of the Children and Family Services Act, and shall
remain in effect until the Sibling Contact Support Plan is
developed.
For good cause, the court may waive the requirement to
file the parent-child visiting plan or the sibling placement
and contact plan, or extend the time for filing either plan.
Any party may, by motion, request the court to review the
parent-child visiting plan to determine whether it is
reasonably calculated to expeditiously facilitate the
achievement of the permanency goal. A party may, by motion,
request the court to review the parent-child visiting plan or
the sibling placement and contact plan to determine whether it
is consistent with the minor's best interest. The court may
refer the parties to mediation where available. The frequency,
duration, and locations of visitation shall be measured by the
needs of the child and family, and not by the convenience of
Department personnel. Child development principles shall be
considered by the court in its analysis of how frequent
visitation should be, how long it should last, where it should
take place, and who should be present. If upon motion of the
party to review either plan and after receiving evidence, the
court determines that the parent-child visiting plan is not
reasonably calculated to expeditiously facilitate the

achievement of the permanency goal or that the restrictions
placed on parent-child contact or sibling placement or contact
are contrary to the child's best interests, the court shall put
in writing the factual basis supporting the determination and
enter specific findings based on the evidence. The court shall
enter an order for the Department to implement changes to the
parent-child visiting plan or sibling placement or contact
plan, consistent with the court's findings. At any stage of
proceeding, any party may by motion request the court to enter
any orders necessary to implement the parent-child visiting
plan, sibling placement or contact plan or subsequently
developed Sibling Contact Support Plan. Nothing under this
subsection (2) shall restrict the court from granting
discretionary authority to the Department to increase
opportunities for additional parent-child contacts or sibling
contacts, without further court orders. Nothing in this
subsection (2) shall restrict the Department from immediately
restricting or terminating parent-child contact or sibling
contacts, without either amending the parent-child visiting
plan or the sibling contact plan or obtaining a court order,
where the Department or its assigns reasonably believe that
continuation of the contact, as set out in the plan, would be
contrary to the child's health, safety, and welfare. The
Department shall file with the court and serve on the parties
any amendments to the plan within 10 days, excluding weekends
and holidays, of the change of the visitation.

Acceptance of services shall not be considered an admission
of any allegation in a petition made pursuant to this Act, nor
may a referral of services be considered as evidence in any
proceeding pursuant to this Act, except where the issue is
whether the Department has made reasonable efforts to reunite
the family. In making its findings that it is consistent with
the health, safety and best interests of the minor to prescribe
shelter care, the court shall state in writing (i) the factual
basis supporting its findings concerning the immediate and
urgent necessity for the protection of the minor or of the
person or property of another and (ii) the factual basis
supporting its findings that reasonable efforts were made to
prevent or eliminate the removal of the minor from his or her
home or that no efforts reasonably could be made to prevent or
eliminate the removal of the minor from his or her home. The
parents, guardian, custodian, temporary custodian and minor
shall each be furnished a copy of such written findings. The
temporary custodian shall maintain a copy of the court order
and written findings in the case record for the child. The
order together with the court's findings of fact in support
thereof shall be entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the minor
be placed in a shelter care facility, the minor shall not be
returned to the parent, custodian or guardian until the court
finds that such placement is no longer necessary for the

protection of the minor.
If the child is placed in the temporary custody of the
Department of Children and Family Services for his or her
protection, the court shall admonish the parents, guardian,
custodian or responsible relative that the parents must
cooperate with the Department of Children and Family Services,
comply with the terms of the service plans, and correct the
conditions which require the child to be in care, or risk
termination of their parental rights.
(3) If prior to the shelter care hearing for a minor
described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party is
unable to serve notice on the party respondent, the shelter
care hearing may proceed ex-parte. A shelter care order from an
ex-parte hearing shall be endorsed with the date and hour of
issuance and shall be filed with the clerk's office and entered
of record. The order shall expire after 10 days from the time
it is issued unless before its expiration it is renewed, at a
hearing upon appearance of the party respondent, or upon an
affidavit of the moving party as to all diligent efforts to
notify the party respondent by notice as herein prescribed. The
notice prescribed shall be in writing and shall be personally
delivered to the minor or the minor's attorney and to the last
known address of the other person or persons entitled to
notice. The notice shall also state the nature of the
allegations, the nature of the order sought by the State,
including whether temporary custody is sought, and the

consequences of failure to appear and shall contain a notice
that the parties will not be entitled to further written
notices or publication notices of proceedings in this case,
including the filing of an amended petition or a motion to
terminate parental rights, except as required by Supreme Court
Rule 11; and shall explain the right of the parties and the
procedures to vacate or modify a shelter care order as provided
in this Section. The notice for a shelter care hearing shall be
substantially as follows:
NOTICE TO PARENTS AND CHILDREN
OF SHELTER CARE HEARING
On ................ at ........., before the Honorable
................, (address:) ................., the State
of Illinois will present evidence (1) that (name of child
or children) ....................... are abused, neglected
or dependent for the following reasons:
.............................................. and (2)
whether there is "immediate and urgent necessity" to remove
the child or children from the responsible relative.
YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
PLACEMENT of the child or children in foster care until a
trial can be held. A trial may not be held for up to 90
days. You will not be entitled to further notices of
proceedings in this case, including the filing of an
amended petition or a motion to terminate parental rights.
At the shelter care hearing, parents have the following

rights:
1. To ask the court to appoint a lawyer if they
cannot afford one.
2. To ask the court to continue the hearing to
allow them time to prepare.
3. To present evidence concerning:
a. Whether or not the child or children were
abused, neglected or dependent.
b. Whether or not there is "immediate and
urgent necessity" to remove the child from home
(including: their ability to care for the child,
conditions in the home, alternative means of
protecting the child other than removal).
c. The best interests of the child.
4. To cross examine the State's witnesses.
The Notice for rehearings shall be substantially as
follows:
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
TO REHEARING ON TEMPORARY CUSTODY
If you were not present at and did not have adequate
notice of the Shelter Care Hearing at which temporary
custody of ............... was awarded to
................, you have the right to request a full
rehearing on whether the State should have temporary
custody of ................. To request this rehearing,

you must file with the Clerk of the Juvenile Court
(address): ........................, in person or by
mailing a statement (affidavit) setting forth the
following:
1. That you were not present at the shelter care
hearing.
2. That you did not get adequate notice (explaining
how the notice was inadequate).
3. Your signature.
4. Signature must be notarized.
The rehearing should be scheduled within 48 hours of
your filing this affidavit.
At the rehearing, your rights are the same as at the
initial shelter care hearing. The enclosed notice explains
those rights.
At the Shelter Care Hearing, children have the
following rights:
1. To have a guardian ad litem appointed.
2. To be declared competent as a witness and to
present testimony concerning:
a. Whether they are abused, neglected or
dependent.
b. Whether there is "immediate and urgent
necessity" to be removed from home.
c. Their best interests.
3. To cross examine witnesses for other parties.

4. To obtain an explanation of any proceedings and
orders of the court.
(4) If the parent, guardian, legal custodian, responsible
relative, minor age 8 or over, or counsel of the minor did not
have actual notice of or was not present at the shelter care
hearing, he or she may file an affidavit setting forth these
facts, and the clerk shall set the matter for rehearing not
later than 48 hours, excluding Sundays and legal holidays,
after the filing of the affidavit. At the rehearing, the court
shall proceed in the same manner as upon the original hearing.
(5) Only when there is reasonable cause to believe that the
minor taken into custody is a person described in subsection
(3) of Section 5-105 may the minor be kept or detained in a
detention home or county or municipal jail. This Section shall
in no way be construed to limit subsection (6).
(6) No minor under 16 years of age may be confined in a
jail or place ordinarily used for the confinement of prisoners
in a police station. Minors under 18 years of age must be kept
separate from confined adults and may not at any time be kept
in the same cell, room, or yard with adults confined pursuant
to the criminal law.
(7) If the minor is not brought before a judicial officer
within the time period as specified in Section 2-9, the minor
must immediately be released from custody.
(8) If neither the parent, guardian or custodian appears
within 24 hours to take custody of a minor released upon

request pursuant to subsection (2) of this Section, then the
clerk of the court shall set the matter for rehearing not later
than 7 days after the original order and shall issue a summons
directed to the parent, guardian or custodian to appear. At the
same time the probation department shall prepare a report on
the minor. If a parent, guardian or custodian does not appear
at such rehearing, the judge may enter an order prescribing
that the minor be kept in a suitable place designated by the
Department of Children and Family Services or a licensed child
welfare agency.
(9) Notwithstanding any other provision of this Section any
interested party, including the State, the temporary
custodian, an agency providing services to the minor or family
under a service plan pursuant to Section 8.2 of the Abused and
Neglected Child Reporting Act, foster parent, or any of their
representatives, on notice to all parties entitled to notice,
may file a motion that it is in the best interests of the minor
to modify or vacate a temporary custody order on any of the
following grounds:
(a) It is no longer a matter of immediate and urgent
necessity that the minor remain in shelter care; or
(b) There is a material change in the circumstances of
the natural family from which the minor was removed and the
child can be cared for at home without endangering the
child's health or safety; or
(c) A person not a party to the alleged abuse, neglect

or dependency, including a parent, relative or legal
guardian, is capable of assuming temporary custody of the
minor; or
(d) Services provided by the Department of Children and
Family Services or a child welfare agency or other service
provider have been successful in eliminating the need for
temporary custody and the child can be cared for at home
without endangering the child's health or safety.
In ruling on the motion, the court shall determine whether
it is consistent with the health, safety and best interests of
the minor to modify or vacate a temporary custody order.
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the court
modifies or vacates a temporary custody order but does not
vacate its finding of probable cause, the court may order that
appropriate services be continued or initiated in behalf of the
minor and his or her family.
(10) When the court finds or has found that there is
probable cause to believe a minor is an abused minor as
described in subsection (2) of Section 2-3 and that there is an
immediate and urgent necessity for the abused minor to be
placed in shelter care, immediate and urgent necessity shall be
presumed for any other minor residing in the same household as
the abused minor provided:
(a) Such other minor is the subject of an abuse or
neglect petition pending before the court; and

(b) A party to the petition is seeking shelter care for
such other minor.
Once the presumption of immediate and urgent necessity has
been raised, the burden of demonstrating the lack of immediate
and urgent necessity shall be on any party that is opposing
shelter care for the other minor.
(11) The changes made to this Section by Public Act 98-61
this amendatory Act of the 98th General Assembly apply to a
minor who has been arrested or taken into custody on or after
January 1, 2014 (the effective date of Public Act 98-61) this
amendatory Act.
(Source: P.A. 97-1076, eff. 8-24-12; 97-1150, eff. 1-25-13;
98-61, eff. 1-1-14; revised 11-22-13.)
(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
Sec. 2-28. Court review.
(1) The court may require any legal custodian or guardian
of the person appointed under this Act to report periodically
to the court or may cite him into court and require him or his
agency, to make a full and accurate report of his or its doings
in behalf of the minor. The custodian or guardian, within 10
days after such citation, shall make the report, either in
writing verified by affidavit or orally under oath in open
court, or otherwise as the court directs. Upon the hearing of
the report the court may remove the custodian or guardian and
appoint another in his stead or restore the minor to the

custody of his parents or former guardian or custodian.
However, custody of the minor shall not be restored to any
parent, guardian or legal custodian in any case in which the
minor is found to be neglected or abused under Section 2-3 or
dependent under Section 2-4 of this Act, unless the minor can
be cared for at home without endangering the minor's health or
safety and it is in the best interests of the minor, and if
such neglect, abuse, or dependency is found by the court under
paragraph (1) of Section 2-21 of this Act to have come about
due to the acts or omissions or both of such parent, guardian
or legal custodian, until such time as an investigation is made
as provided in paragraph (5) and a hearing is held on the issue
of the fitness of such parent, guardian or legal custodian to
care for the minor and the court enters an order that such
parent, guardian or legal custodian is fit to care for the
minor.
(2) The first permanency hearing shall be conducted by the
judge. Subsequent permanency hearings may be heard by a judge
or by hearing officers appointed or approved by the court in
the manner set forth in Section 2-28.1 of this Act. The initial
hearing shall be held (a) within 12 months from the date
temporary custody was taken, regardless of whether an
adjudication or dispositional hearing has been completed
within that time frame, (b) if the parental rights of both
parents have been terminated in accordance with the procedure
described in subsection (5) of Section 2-21, within 30 days of

the order for termination of parental rights and appointment of
a guardian with power to consent to adoption, or (c) in
accordance with subsection (2) of Section 2-13.1. Subsequent
permanency hearings shall be held every 6 months or more
frequently if necessary in the court's determination following
the initial permanency hearing, in accordance with the
standards set forth in this Section, until the court determines
that the plan and goal have been achieved. Once the plan and
goal have been achieved, if the minor remains in substitute
care, the case shall be reviewed at least every 6 months
thereafter, subject to the provisions of this Section, unless
the minor is placed in the guardianship of a suitable relative
or other person and the court determines that further
monitoring by the court does not further the health, safety or
best interest of the child and that this is a stable permanent
placement. The permanency hearings must occur within the time
frames set forth in this subsection and may not be delayed in
anticipation of a report from any source or due to the agency's
failure to timely file its written report (this written report
means the one required under the next paragraph and does not
mean the service plan also referred to in that paragraph).
The public agency that is the custodian or guardian of the
minor, or another agency responsible for the minor's care,
shall ensure that all parties to the permanency hearings are
provided a copy of the most recent service plan prepared within
the prior 6 months at least 14 days in advance of the hearing.

If not contained in the plan, the agency shall also include a
report setting forth (i) any special physical, psychological,
educational, medical, emotional, or other needs of the minor or
his or her family that are relevant to a permanency or
placement determination and (ii) for any minor age 16 or over,
a written description of the programs and services that will
enable the minor to prepare for independent living. The
agency's written report must detail what progress or lack of
progress the parent has made in correcting the conditions
requiring the child to be in care; whether the child can be
returned home without jeopardizing the child's health, safety,
and welfare, and if not, what permanency goal is recommended to
be in the best interests of the child, and why the other
permanency goals are not appropriate. The caseworker must
appear and testify at the permanency hearing. If a permanency
hearing has not previously been scheduled by the court, the
moving party shall move for the setting of a permanency hearing
and the entry of an order within the time frames set forth in
this subsection.
At the permanency hearing, the court shall determine the
future status of the child. The court shall set one of the
following permanency goals:
(A) The minor will be returned home by a specific date
within 5 months.
(B) The minor will be in short-term care with a
continued goal to return home within a period not to exceed

one year, where the progress of the parent or parents is
substantial giving particular consideration to the age and
individual needs of the minor.
(B-1) The minor will be in short-term care with a
continued goal to return home pending a status hearing.
When the court finds that a parent has not made reasonable
efforts or reasonable progress to date, the court shall
identify what actions the parent and the Department must
take in order to justify a finding of reasonable efforts or
reasonable progress and shall set a status hearing to be
held not earlier than 9 months from the date of
adjudication nor later than 11 months from the date of
adjudication during which the parent's progress will again
be reviewed.
(C) The minor will be in substitute care pending court
determination on termination of parental rights.
(D) Adoption, provided that parental rights have been
terminated or relinquished.
(E) The guardianship of the minor will be transferred
to an individual or couple on a permanent basis provided
that goals (A) through (D) have been ruled out.
(F) The minor over age 15 will be in substitute care
pending independence.
(G) The minor will be in substitute care because he or
she cannot be provided for in a home environment due to
developmental disabilities or mental illness or because he

or she is a danger to self or others, provided that goals
(A) through (D) have been ruled out.
In selecting any permanency goal, the court shall indicate
in writing the reasons the goal was selected and why the
preceding goals were ruled out. Where the court has selected a
permanency goal other than (A), (B), or (B-1), the Department
of Children and Family Services shall not provide further
reunification services, but shall provide services consistent
with the goal selected.
(H) Notwithstanding any other provision in this
Section, the court may select the goal of continuing foster
care as a permanency goal if:
(1) The Department of Children and Family Services
has custody and guardianship of the minor;
(2) The court has ruled out all other permanency
goals based on the child's best interest;
(3) The court has found compelling reasons, based
on written documentation reviewed by the court, to
place the minor in continuing foster care. Compelling
reasons include:
(a) the child does not wish to be adopted or to
be placed in the guardianship of his or her
relative or foster care placement;
(b) the child exhibits an extreme level of need
such that the removal of the child from his or her
placement would be detrimental to the child; or

(c) the child who is the subject of the
permanency hearing has existing close and strong
bonds with a sibling, and achievement of another
permanency goal would substantially interfere with
the subject child's sibling relationship, taking
into consideration the nature and extent of the
relationship, and whether ongoing contact is in
the subject child's best interest, including
long-term emotional interest, as compared with the
legal and emotional benefit of permanence;
(4) The child has lived with the relative or foster
parent for at least one year; and
(5) The relative or foster parent currently caring
for the child is willing and capable of providing the
child with a stable and permanent environment.
The court shall set a permanency goal that is in the best
interest of the child. In determining that goal, the court
shall consult with the minor in an age-appropriate manner
regarding the proposed permanency or transition plan for the
minor. The court's determination shall include the following
factors:
(1) Age of the child.
(2) Options available for permanence, including both
out-of-State and in-State placement options.
(3) Current placement of the child and the intent of
the family regarding adoption.

(4) Emotional, physical, and mental status or
condition of the child.
(5) Types of services previously offered and whether or
not the services were successful and, if not successful,
the reasons the services failed.
(6) Availability of services currently needed and
whether the services exist.
(7) Status of siblings of the minor.
The court shall consider (i) the permanency goal contained
in the service plan, (ii) the appropriateness of the services
contained in the plan and whether those services have been
provided, (iii) whether reasonable efforts have been made by
all the parties to the service plan to achieve the goal, and
(iv) whether the plan and goal have been achieved. All evidence
relevant to determining these questions, including oral and
written reports, may be admitted and may be relied on to the
extent of their probative value.
The court shall make findings as to whether, in violation
of Section 8.2 of the Abused and Neglected Child Reporting Act,
any portion of the service plan compels a child or parent to
engage in any activity or refrain from any activity that is not
reasonably related to remedying a condition or conditions that
gave rise or which could give rise to any finding of child
abuse or neglect. The services contained in the service plan
shall include services reasonably related to remedy the
conditions that gave rise to removal of the child from the home

of his or her parents, guardian, or legal custodian or that the
court has found must be remedied prior to returning the child
home. Any tasks the court requires of the parents, guardian, or
legal custodian or child prior to returning the child home,
must be reasonably related to remedying a condition or
conditions that gave rise to or which could give rise to any
finding of child abuse or neglect.
If the permanency goal is to return home, the court shall
make findings that identify any problems that are causing
continued placement of the children away from the home and
identify what outcomes would be considered a resolution to
these problems. The court shall explain to the parents that
these findings are based on the information that the court has
at that time and may be revised, should additional evidence be
presented to the court.
The court shall review the Sibling Contact and Support Plan
developed or modified under subsection (f) of Section 7.4 of
the Children and Family Services Act, if applicable. If the
Department has not convened a meeting to develop or modify a
Sibling Contact Support Plan, or if the court finds that the
existing Plan is not in the child's best interest, the court
may enter an order requiring the Department to develop, modify
or implement a Sibling Contact Support Plan, or order
mediation.
If the goal has been achieved, the court shall enter orders
that are necessary to conform the minor's legal custody and

status to those findings.
If, after receiving evidence, the court determines that the
services contained in the plan are not reasonably calculated to
facilitate achievement of the permanency goal, the court shall
put in writing the factual basis supporting the determination
and enter specific findings based on the evidence. The court
also shall enter an order for the Department to develop and
implement a new service plan or to implement changes to the
current service plan consistent with the court's findings. The
new service plan shall be filed with the court and served on
all parties within 45 days of the date of the order. The court
shall continue the matter until the new service plan is filed.
Unless otherwise specifically authorized by law, the court is
not empowered under this subsection (2) or under subsection (3)
to order specific placements, specific services, or specific
service providers to be included in the plan.
A guardian or custodian appointed by the court pursuant to
this Act shall file updated case plans with the court every 6
months.
Rights of wards of the court under this Act are enforceable
against any public agency by complaints for relief by mandamus
filed in any proceedings brought under this Act.
(3) Following the permanency hearing, the court shall enter
a written order that includes the determinations required under
subsection (2) of this Section and sets forth the following:
(a) The future status of the minor, including the

permanency goal, and any order necessary to conform the
minor's legal custody and status to such determination; or
(b) If the permanency goal of the minor cannot be
achieved immediately, the specific reasons for continuing
the minor in the care of the Department of Children and
Family Services or other agency for short term placement,
and the following determinations:
(i) (Blank).
(ii) Whether the services required by the court and
by any service plan prepared within the prior 6 months
have been provided and (A) if so, whether the services
were reasonably calculated to facilitate the
achievement of the permanency goal or (B) if not
provided, why the services were not provided.
(iii) Whether the minor's placement is necessary,
and appropriate to the plan and goal, recognizing the
right of minors to the least restrictive (most
family-like) setting available and in close proximity
to the parents' home consistent with the health,
safety, best interest and special needs of the minor
and, if the minor is placed out-of-State, whether the
out-of-State placement continues to be appropriate and
consistent with the health, safety, and best interest
of the minor.
(iv) (Blank).
(v) (Blank).

(4) The minor or any person interested in the minor may
apply to the court for a change in custody of the minor and the
appointment of a new custodian or guardian of the person or for
the restoration of the minor to the custody of his parents or
former guardian or custodian.
When return home is not selected as the permanency goal:
(a) The Department, the minor, or the current foster
parent or relative caregiver seeking private guardianship
may file a motion for private guardianship of the minor.
Appointment of a guardian under this Section requires
approval of the court.
(b) The State's Attorney may file a motion to terminate
parental rights of any parent who has failed to make
reasonable efforts to correct the conditions which led to
the removal of the child or reasonable progress toward the
return of the child, as defined in subdivision (D)(m) of
Section 1 of the Adoption Act or for whom any other
unfitness ground for terminating parental rights as
defined in subdivision (D) of Section 1 of the Adoption Act
exists.
When parental rights have been terminated for a minimum
of 3 years and the child who is the subject of the
permanency hearing is 13 years old or older and is not
currently placed in a placement likely to achieve
permanency, the Department of Children and Family Services
shall make reasonable efforts to locate parents whose

rights have been terminated, except when the Court
determines that those efforts would be futile or
inconsistent with the subject child's best interests. The
Department of Children and Family Services shall assess the
appropriateness of the parent whose rights have been
terminated, and shall, as appropriate, foster and support
connections between the parent whose rights have been
terminated and the youth. The Department of Children and
Family Services shall document its determinations and
efforts to foster connections in the child's case plan.
Custody of the minor shall not be restored to any parent,
guardian or legal custodian in any case in which the minor is
found to be neglected or abused under Section 2-3 or dependent
under Section 2-4 of this Act, unless the minor can be cared
for at home without endangering his or her health or safety and
it is in the best interest of the minor, and if such neglect,
abuse, or dependency is found by the court under paragraph (1)
of Section 2-21 of this Act to have come about due to the acts
or omissions or both of such parent, guardian or legal
custodian, until such time as an investigation is made as
provided in paragraph (5) and a hearing is held on the issue of
the health, safety and best interest of the minor and the
fitness of such parent, guardian or legal custodian to care for
the minor and the court enters an order that such parent,
guardian or legal custodian is fit to care for the minor. In
the event that the minor has attained 18 years of age and the

guardian or custodian petitions the court for an order
terminating his guardianship or custody, guardianship or
custody shall terminate automatically 30 days after the receipt
of the petition unless the court orders otherwise. No legal
custodian or guardian of the person may be removed without his
consent until given notice and an opportunity to be heard by
the court.
When the court orders a child restored to the custody of
the parent or parents, the court shall order the parent or
parents to cooperate with the Department of Children and Family
Services and comply with the terms of an after-care plan, or
risk the loss of custody of the child and possible termination
of their parental rights. The court may also enter an order of
protective supervision in accordance with Section 2-24.
(5) Whenever a parent, guardian, or legal custodian files a
motion for restoration of custody of the minor, and the minor
was adjudicated neglected, abused, or dependent as a result of
physical abuse, the court shall cause to be made an
investigation as to whether the movant has ever been charged
with or convicted of any criminal offense which would indicate
the likelihood of any further physical abuse to the minor.
Evidence of such criminal convictions shall be taken into
account in determining whether the minor can be cared for at
home without endangering his or her health or safety and
fitness of the parent, guardian, or legal custodian.
(a) Any agency of this State or any subdivision thereof

shall co-operate with the agent of the court in providing
any information sought in the investigation.
(b) The information derived from the investigation and
any conclusions or recommendations derived from the
information shall be provided to the parent, guardian, or
legal custodian seeking restoration of custody prior to the
hearing on fitness and the movant shall have an opportunity
at the hearing to refute the information or contest its
significance.
(c) All information obtained from any investigation
shall be confidential as provided in Section 5-150 of this
Act.
(Source: P.A. 96-600, eff. 8-21-09; 96-1375, eff. 7-29-10;
97-425, eff. 8-16-11; 97-1076, eff. 8-24-12; revised
11-22-13.)
(705 ILCS 405/3-12) (from Ch. 37, par. 803-12)
Sec. 3-12. Shelter care hearing. At the appearance of the
minor before the court at the shelter care hearing, all
witnesses present shall be examined before the court in
relation to any matter connected with the allegations made in
the petition.
(1) If the court finds that there is not probable cause to
believe that the minor is a person requiring authoritative
intervention, it shall release the minor and dismiss the
petition.

(2) If the court finds that there is probable cause to
believe that the minor is a person requiring authoritative
intervention, the minor, his or her parent, guardian, custodian
and other persons able to give relevant testimony shall be
examined before the court. After such testimony, the court may
enter an order that the minor shall be released upon the
request of a parent, guardian or custodian if the parent,
guardian or custodian appears to take custody. Custodian shall
include any agency of the State which has been given custody or
wardship of the child. The Court shall require documentation by
representatives of the Department of Children and Family
Services or the probation department as to the reasonable
efforts that were made to prevent or eliminate the necessity of
removal of the minor from his or her home, and shall consider
the testimony of any person as to those reasonable efforts. If
the court finds that it is a matter of immediate and urgent
necessity for the protection of the minor or of the person or
property of another that the minor be placed in a shelter care
facility, or that he or she is likely to flee the jurisdiction
of the court, and further finds that reasonable efforts have
been made or good cause has been shown why reasonable efforts
cannot prevent or eliminate the necessity of removal of the
minor from his or her home, the court may prescribe shelter
care and order that the minor be kept in a suitable place
designated by the court or in a shelter care facility
designated by the Department of Children and Family Services or

a licensed child welfare agency; otherwise it shall release the
minor from custody. If the court prescribes shelter care, then
in placing the minor, the Department or other agency shall, to
the extent compatible with the court's order, comply with
Section 7 of the Children and Family Services Act. If the minor
is ordered placed in a shelter care facility of the Department
of Children and Family Services or a licensed child welfare
agency, the court shall, upon request of the Department or
other agency, appoint the Department of Children and Family
Services Guardianship Administrator or other appropriate
agency executive temporary custodian of the minor and the court
may enter such other orders related to the temporary custody as
it deems fit and proper, including the provision of services to
the minor or his family to ameliorate the causes contributing
to the finding of probable cause or to the finding of the
existence of immediate and urgent necessity. Acceptance of
services shall not be considered an admission of any allegation
in a petition made pursuant to this Act, nor may a referral of
services be considered as evidence in any proceeding pursuant
to this Act, except where the issue is whether the Department
has made reasonable efforts to reunite the family. In making
its findings that reasonable efforts have been made or that
good cause has been shown why reasonable efforts cannot prevent
or eliminate the necessity of removal of the minor from his or
her home, the court shall state in writing its findings
concerning the nature of the services that were offered or the

efforts that were made to prevent removal of the child and the
apparent reasons that such services or efforts could not
prevent the need for removal. The parents, guardian, custodian,
temporary custodian and minor shall each be furnished a copy of
such written findings. The temporary custodian shall maintain a
copy of the court order and written findings in the case record
for the child.
The order together with the court's findings of fact and
support thereof shall be entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the minor
be placed in a shelter care facility, the minor shall not be
returned to the parent, custodian or guardian until the court
finds that such placement is no longer necessary for the
protection of the minor.
(3) If prior to the shelter care hearing for a minor
described in Sections 2-3, 2-4, 3-3 and 4-3 the petitioner is
unable to serve notice on the party respondent, the shelter
care hearing may proceed ex-parte. A shelter care order from an
ex-parte hearing shall be endorsed with the date and hour of
issuance and shall be filed with the clerk's office and entered
of record. The order shall expire after 10 days from the time
it is issued unless before its expiration it is renewed, at a
hearing upon appearance of the party respondent, or upon an
affidavit of the moving party as to all diligent efforts to
notify the party respondent by notice as herein prescribed. The

notice prescribed shall be in writing and shall be personally
delivered to the minor or the minor's attorney and to the last
known address of the other person or persons entitled to
notice. The notice shall also state the nature of the
allegations, the nature of the order sought by the State,
including whether temporary custody is sought, and the
consequences of failure to appear; and shall explain the right
of the parties and the procedures to vacate or modify a shelter
care order as provided in this Section. The notice for a
shelter care hearing shall be substantially as follows:
NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
On ................ at ........., before the Honorable
................, (address:) ................., the State of
Illinois will present evidence (1) that (name of child or
children) ....................... are abused, neglected or
dependent for the following reasons:
.............................................................
and (2) that there is "immediate and urgent necessity" to
remove the child or children from the responsible relative.
YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
PLACEMENT of the child or children in foster care until a trial
can be held. A trial may not be held for up to 90 days.
At the shelter care hearing, parents have the following
rights:
1. To ask the court to appoint a lawyer if they cannot
afford one.

2. To ask the court to continue the hearing to allow
them time to prepare.
3. To present evidence concerning:
a. Whether or not the child or children were
abused, neglected or dependent.
b. Whether or not there is "immediate and urgent
necessity" to remove the child from home (including:
their ability to care for the child, conditions in the
home, alternative means of protecting the child other
than removal).
c. The best interests of the child.
4. To cross examine the State's witnesses.
The Notice for rehearings shall be substantially as
follows:
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
TO REHEARING ON TEMPORARY CUSTODY
If you were not present at and did not have adequate notice
of the Shelter Care Hearing at which temporary custody of
............... was awarded to ................, you have the
right to request a full rehearing on whether the State should
have temporary custody of ................. To request this
rehearing, you must file with the Clerk of the Juvenile Court
(address): ........................, in person or by mailing a
statement (affidavit) setting forth the following:
1. That you were not present at the shelter care
hearing.

2. That you did not get adequate notice (explaining how
the notice was inadequate).
3. Your signature.
4. Signature must be notarized.
The rehearing should be scheduled within one day of your
filing this affidavit.
At the rehearing, your rights are the same as at the
initial shelter care hearing. The enclosed notice explains
those rights.
At the Shelter Care Hearing, children have the following
rights:
1. To have a guardian ad litem appointed.
2. To be declared competent as a witness and to present
testimony concerning:
a. Whether they are abused, neglected or
dependent.
b. Whether there is "immediate and urgent
necessity" to be removed from home.
c. Their best interests.
3. To cross examine witnesses for other parties.
4. To obtain an explanation of any proceedings and
orders of the court.
(4) If the parent, guardian, legal custodian, responsible
relative, or counsel of the minor did not have actual notice of
or was not present at the shelter care hearing, he or she may
file an affidavit setting forth these facts, and the clerk

shall set the matter for rehearing not later than 48 hours,
excluding Sundays and legal holidays, after the filing of the
affidavit. At the rehearing, the court shall proceed in the
same manner as upon the original hearing.
(5) Only when there is reasonable cause to believe that the
minor taken into custody is a person described in subsection
(3) of Section 5-105 may the minor be kept or detained in a
detention home or county or municipal jail. This Section shall
in no way be construed to limit subsection (6).
(6) No minor under 16 years of age may be confined in a
jail or place ordinarily used for the confinement of prisoners
in a police station. Minors under 18 years of age must be kept
separate from confined adults and may not at any time be kept
in the same cell, room, or yard with adults confined pursuant
to the criminal law.
(7) If the minor is not brought before a judicial officer
within the time period specified in Section 3-11, the minor
must immediately be released from custody.
(8) If neither the parent, guardian or custodian appears
within 24 hours to take custody of a minor released upon
request pursuant to subsection (2) of this Section, then the
clerk of the court shall set the matter for rehearing not later
than 7 days after the original order and shall issue a summons
directed to the parent, guardian or custodian to appear. At the
same time the probation department shall prepare a report on
the minor. If a parent, guardian or custodian does not appear

at such rehearing, the judge may enter an order prescribing
that the minor be kept in a suitable place designated by the
Department of Children and Family Services or a licensed child
welfare agency.
(9) Notwithstanding any other provision of this Section,
any interested party, including the State, the temporary
custodian, an agency providing services to the minor or family
under a service plan pursuant to Section 8.2 of the Abused and
Neglected Child Reporting Act, foster parent, or any of their
representatives, on notice to all parties entitled to notice,
may file a motion to modify or vacate a temporary custody order
on any of the following grounds:
(a) It is no longer a matter of immediate and urgent
necessity that the minor remain in shelter care; or
(b) There is a material change in the circumstances of
the natural family from which the minor was removed; or
(c) A person, including a parent, relative or legal
guardian, is capable of assuming temporary custody of the
minor; or
(d) Services provided by the Department of Children and
Family Services or a child welfare agency or other service
provider have been successful in eliminating the need for
temporary custody.
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the court
modifies or vacates a temporary custody order but does not

vacate its finding of probable cause, the court may order that
appropriate services be continued or initiated in behalf of the
minor and his or her family.
(10) The changes made to this Section by Public Act 98-61
this amendatory Act of the 98th General Assembly apply to a
minor who has been arrested or taken into custody on or after
January 1, 2014 (the effective date of Public Act 98-61) this
amendatory Act.
(Source: P.A. 98-61, eff. 1-1-14; revised 11-22-13.)
(705 ILCS 405/4-9) (from Ch. 37, par. 804-9)
Sec. 4-9. Shelter care hearing. At the appearance of the
minor before the court at the shelter care hearing, all
witnesses present shall be examined before the court in
relation to any matter connected with the allegations made in
the petition.
(1) If the court finds that there is not probable cause to
believe that the minor is addicted, it shall release the minor
and dismiss the petition.
(2) If the court finds that there is probable cause to
believe that the minor is addicted, the minor, his or her
parent, guardian, custodian and other persons able to give
relevant testimony shall be examined before the court. After
such testimony, the court may enter an order that the minor
shall be released upon the request of a parent, guardian or
custodian if the parent, guardian or custodian appears to take

custody and agrees to abide by a court order which requires the
minor and his or her parent, guardian, or legal custodian to
complete an evaluation by an entity licensed by the Department
of Human Services, as the successor to the Department of
Alcoholism and Substance Abuse, and complete any treatment
recommendations indicated by the assessment. Custodian shall
include any agency of the State which has been given custody or
wardship of the child.
The Court shall require documentation by representatives
of the Department of Children and Family Services or the
probation department as to the reasonable efforts that were
made to prevent or eliminate the necessity of removal of the
minor from his or her home, and shall consider the testimony of
any person as to those reasonable efforts. If the court finds
that it is a matter of immediate and urgent necessity for the
protection of the minor or of the person or property of another
that the minor be or placed in a shelter care facility or that
he or she is likely to flee the jurisdiction of the court, and
further, finds that reasonable efforts have been made or good
cause has been shown why reasonable efforts cannot prevent or
eliminate the necessity of removal of the minor from his or her
home, the court may prescribe shelter care and order that the
minor be kept in a suitable place designated by the court or in
a shelter care facility designated by the Department of
Children and Family Services or a licensed child welfare
agency, or in a facility or program licensed by the Department

of Human Services for shelter and treatment services; otherwise
it shall release the minor from custody. If the court
prescribes shelter care, then in placing the minor, the
Department or other agency shall, to the extent compatible with
the court's order, comply with Section 7 of the Children and
Family Services Act. If the minor is ordered placed in a
shelter care facility of the Department of Children and Family
Services or a licensed child welfare agency, or in a facility
or program licensed by the Department of Human Services for
shelter and treatment services, the court shall, upon request
of the appropriate Department or other agency, appoint the
Department of Children and Family Services Guardianship
Administrator or other appropriate agency executive temporary
custodian of the minor and the court may enter such other
orders related to the temporary custody as it deems fit and
proper, including the provision of services to the minor or his
family to ameliorate the causes contributing to the finding of
probable cause or to the finding of the existence of immediate
and urgent necessity. Acceptance of services shall not be
considered an admission of any allegation in a petition made
pursuant to this Act, nor may a referral of services be
considered as evidence in any proceeding pursuant to this Act,
except where the issue is whether the Department has made
reasonable efforts to reunite the family. In making its
findings that reasonable efforts have been made or that good
cause has been shown why reasonable efforts cannot prevent or

eliminate the necessity of removal of the minor from his or her
home, the court shall state in writing its findings concerning
the nature of the services that were offered or the efforts
that were made to prevent removal of the child and the apparent
reasons that such services or efforts could not prevent the
need for removal. The parents, guardian, custodian, temporary
custodian and minor shall each be furnished a copy of such
written findings. The temporary custodian shall maintain a copy
of the court order and written findings in the case record for
the child. The order together with the court's findings of fact
in support thereof shall be entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the minor
be placed in a shelter care facility, the minor shall not be
returned to the parent, custodian or guardian until the court
finds that such placement is no longer necessary for the
protection of the minor.
(3) If neither the parent, guardian, legal custodian,
responsible relative nor counsel of the minor has had actual
notice of or is present at the shelter care hearing, he or she
may file his or her affidavit setting forth these facts, and
the clerk shall set the matter for rehearing not later than 24
hours, excluding Sundays and legal holidays, after the filing
of the affidavit. At the rehearing, the court shall proceed in
the same manner as upon the original hearing.
(4) If the minor is not brought before a judicial officer

within the time period as specified in Section 4-8, the minor
must immediately be released from custody.
(5) Only when there is reasonable cause to believe that the
minor taken into custody is a person described in subsection
(3) of Section 5-105 may the minor be kept or detained in a
detention home or county or municipal jail. This Section shall
in no way be construed to limit subsection (6).
(6) No minor under 16 years of age may be confined in a
jail or place ordinarily used for the confinement of prisoners
in a police station. Minors under 18 years of age must be kept
separate from confined adults and may not at any time be kept
in the same cell, room or yard with adults confined pursuant to
the criminal law.
(7) If neither the parent, guardian or custodian appears
within 24 hours to take custody of a minor released upon
request pursuant to subsection (2) of this Section, then the
clerk of the court shall set the matter for rehearing not later
than 7 days after the original order and shall issue a summons
directed to the parent, guardian or custodian to appear. At the
same time the probation department shall prepare a report on
the minor. If a parent, guardian or custodian does not appear
at such rehearing, the judge may enter an order prescribing
that the minor be kept in a suitable place designated by the
Department of Children and Family Services or a licensed child
welfare agency.
(8) Any interested party, including the State, the

temporary custodian, an agency providing services to the minor
or family under a service plan pursuant to Section 8.2 of the
Abused and Neglected Child Reporting Act, foster parent, or any
of their representatives, may file a motion to modify or vacate
a temporary custody order on any of the following grounds:
(a) It is no longer a matter of immediate and urgent
necessity that the minor remain in shelter care; or
(b) There is a material change in the circumstances of
the natural family from which the minor was removed; or
(c) A person, including a parent, relative or legal
guardian, is capable of assuming temporary custody of the
minor; or
(d) Services provided by the Department of Children and
Family Services or a child welfare agency or other service
provider have been successful in eliminating the need for
temporary custody.
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the court
modifies or vacates a temporary custody order but does not
vacate its finding of probable cause, the court may order that
appropriate services be continued or initiated in behalf of the
minor and his or her family.
(9) The changes made to this Section by Public Act 98-61
this amendatory Act of the 98th General Assembly apply to a
minor who has been arrested or taken into custody on or after
January 1, 2014 (the effective date of Public Act 98-61) this

amendatory Act.
(Source: P.A. 98-61, eff. 1-1-14; revised 11-22-13.)
(705 ILCS 405/5-105)
Sec. 5-105. Definitions. As used in this Article:
(1) "Aftercare release" means the conditional and
revocable release of an adjudicated delinquent juvenile
committed to the Department of Juvenile Justice under the
supervision of the Department of Juvenile Justice.
(1.5) "Court" means the circuit court in a session or
division assigned to hear proceedings under this Act, and
includes the term Juvenile Court.
(2) "Community service" means uncompensated labor for
a community service agency as hereinafter defined.
(2.5) "Community service agency" means a
not-for-profit organization, community organization,
church, charitable organization, individual, public
office, or other public body whose purpose is to enhance
the physical or mental health of a delinquent minor or to
rehabilitate the minor, or to improve the environmental
quality or social welfare of the community which agrees to
accept community service from juvenile delinquents and to
report on the progress of the community service to the
State's Attorney pursuant to an agreement or to the court
or to any agency designated by the court or to the
authorized diversion program that has referred the

delinquent minor for community service.
(3) "Delinquent minor" means any minor who prior to his
or her 18th birthday has violated or attempted to violate,
regardless of where the act occurred, any federal, State,
county or municipal law or ordinance.
(4) "Department" means the Department of Human
Services unless specifically referenced as another
department.
(5) "Detention" means the temporary care of a minor who
is alleged to be or has been adjudicated delinquent and who
requires secure custody for the minor's own protection or
the community's protection in a facility designed to
physically restrict the minor's movements, pending
disposition by the court or execution of an order of the
court for placement or commitment. Design features that
physically restrict movement include, but are not limited
to, locked rooms and the secure handcuffing of a minor to a
rail or other stationary object. In addition, "detention"
includes the court ordered care of an alleged or
adjudicated delinquent minor who requires secure custody
pursuant to Section 5-125 of this Act.
(6) "Diversion" means the referral of a juvenile,
without court intervention, into a program that provides
services designed to educate the juvenile and develop a
productive and responsible approach to living in the
community.

(7) "Juvenile detention home" means a public facility
with specially trained staff that conforms to the county
juvenile detention standards promulgated by the Department
of Corrections.
(8) "Juvenile justice continuum" means a set of
delinquency prevention programs and services designed for
the purpose of preventing or reducing delinquent acts,
including criminal activity by youth gangs, as well as
intervention, rehabilitation, and prevention services
targeted at minors who have committed delinquent acts, and
minors who have previously been committed to residential
treatment programs for delinquents. The term includes
children-in-need-of-services and
families-in-need-of-services programs; aftercare and
reentry services; substance abuse and mental health
programs; community service programs; community service
work programs; and alternative-dispute resolution programs
serving youth-at-risk of delinquency and their families,
whether offered or delivered by State or local governmental
entities, public or private for-profit or not-for-profit
organizations, or religious or charitable organizations.
This term would also encompass any program or service
consistent with the purpose of those programs and services
enumerated in this subsection.
(9) "Juvenile police officer" means a sworn police
officer who has completed a Basic Recruit Training Course,

has been assigned to the position of juvenile police
officer by his or her chief law enforcement officer and has
completed the necessary juvenile officers training as
prescribed by the Illinois Law Enforcement Training
Standards Board, or in the case of a State police officer,
juvenile officer training approved by the Director of State
Police.
(10) "Minor" means a person under the age of 21 years
subject to this Act.
(11) "Non-secure custody" means confinement where the
minor is not physically restricted by being placed in a
locked cell or room, by being handcuffed to a rail or other
stationary object, or by other means. Non-secure custody
may include, but is not limited to, electronic monitoring,
foster home placement, home confinement, group home
placement, or physical restriction of movement or activity
solely through facility staff.
(12) "Public or community service" means uncompensated
labor for a not-for-profit organization or public body
whose purpose is to enhance physical or mental stability of
the offender, environmental quality or the social welfare
and which agrees to accept public or community service from
offenders and to report on the progress of the offender and
the public or community service to the court or to the
authorized diversion program that has referred the
offender for public or community service.

(13) "Sentencing hearing" means a hearing to determine
whether a minor should be adjudged a ward of the court, and
to determine what sentence should be imposed on the minor.
It is the intent of the General Assembly that the term
"sentencing hearing" replace the term "dispositional
hearing" and be synonymous with that definition as it was
used in the Juvenile Court Act of 1987.
(14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court
disposition or execution of court order for placement.
(15) "Site" means a not-for-profit organization,
public body, church, charitable organization, or
individual agreeing to accept community service from
offenders and to report on the progress of ordered or
required public or community service to the court or to the
authorized diversion program that has referred the
offender for public or community service.
(16) "Station adjustment" means the informal or formal
handling of an alleged offender by a juvenile police
officer.
(17) "Trial" means a hearing to determine whether the
allegations of a petition under Section 5-520 that a minor
is delinquent are proved beyond a reasonable doubt. It is
the intent of the General Assembly that the term "trial"
replace the term "adjudicatory hearing" and be synonymous
with that definition as it was used in the Juvenile Court

Act of 1987.
The changes made to this Section by Public Act 98-61 this
amendatory Act of the 98th General Assembly apply to violations
or attempted violations committed on or after January 1, 2014
(the effective date of Public Act 98-61) this amendatory Act.
(Source: P.A. 98-61, eff. 1-1-14; 98-558, eff. 1-1-14; revised
1-21-14.)
(705 ILCS 405/5-130)
Sec. 5-130. Excluded jurisdiction.
(1)(a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of an offense was at least 15 years of age and who is
charged with: (i) first degree murder, (ii) aggravated criminal
sexual assault, (iii) 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 where the minor personally
discharged a firearm as defined in Section 2-15.5 of the
Criminal Code of 1961 or the Criminal Code of 2012, (iv) armed
robbery when the armed robbery was committed with a firearm, or
(v) aggravated vehicular hijacking when the hijacking was
committed with a firearm.
These charges and all other charges arising out of the same
incident shall be prosecuted under the criminal laws of this
State.
(b)(i) If before trial or plea an information or indictment

is filed that does not charge an offense specified in paragraph
(a) of this subsection (1) the State's Attorney may proceed on
any lesser charge or charges, but only in Juvenile Court under
the provisions of this Article. The State's Attorney may
proceed on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his or
her right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or indictment
is filed that includes one or more charges specified in
paragraph (a) of this subsection (1) and additional charges
that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under the
Criminal Code of 1961 or the Criminal Code of 2012.
(c)(i) If after trial or plea the minor is convicted of any
offense covered by paragraph (a) of this subsection (1), then,
in sentencing the minor, the court shall have available any or
all dispositions prescribed for that offense under Chapter V of
the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the minor
committed an offense not covered by paragraph (a) of this
subsection (1), that finding shall not invalidate the verdict
or the prosecution of the minor under the criminal laws of the
State; however, unless the State requests a hearing for the
purpose of sentencing the minor under Chapter V of the Unified
Code of Corrections, the Court must proceed under Sections
5-705 and 5-710 of this Article. To request a hearing, the

State must file a written motion within 10 days following the
entry of a finding or the return of a verdict. Reasonable
notice of the motion shall be given to the minor or his or her
counsel. If the motion is made by the State, the court shall
conduct a hearing to determine if the minor should be sentenced
under Chapter V of the Unified Code of Corrections. In making
its determination, the court shall consider among other
matters: (a) whether there is evidence that the offense was
committed in an aggressive and premeditated manner; (b) the age
of the minor; (c) the previous history of the minor; (d)
whether there are facilities particularly available to the
Juvenile Court or the Department of Juvenile Justice for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be sentenced
under Chapter V of the Unified Code of Corrections, then the
court shall sentence the minor accordingly having available to
it any or all dispositions so prescribed.
(2) (Blank).
(3)(a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of the offense was at least 15 years of age and who is
charged with a violation of the provisions of paragraph (1),

(3), (4), or (10) of subsection (a) of Section 24-1 of the
Criminal Code of 1961 or the Criminal Code of 2012 while in
school, regardless of the time of day or the time of year, or
on the real property comprising any school, regardless of the
time of day or the time of year. School is defined, for
purposes of this Section as any public or private elementary or
secondary school, community college, college, or university.
These charges and all other charges arising out of the same
incident shall be prosecuted under the criminal laws of this
State.
(b)(i) If before trial or plea an information or indictment
is filed that does not charge an offense specified in paragraph
(a) of this subsection (3) the State's Attorney may proceed on
any lesser charge or charges, but only in Juvenile Court under
the provisions of this Article. The State's Attorney may
proceed under the criminal laws of this State on a lesser
charge if before trial the minor defendant knowingly and with
advice of counsel waives, in writing, his or her right to have
the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or indictment
is filed that includes one or more charges specified in
paragraph (a) of this subsection (3) and additional charges
that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under the
criminal laws of this State.
(c)(i) If after trial or plea the minor is convicted of any

offense covered by paragraph (a) of this subsection (3), then,
in sentencing the minor, the court shall have available any or
all dispositions prescribed for that offense under Chapter V of
the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the minor
committed an offense not covered by paragraph (a) of this
subsection (3), that finding shall not invalidate the verdict
or the prosecution of the minor under the criminal laws of the
State; however, unless the State requests a hearing for the
purpose of sentencing the minor under Chapter V of the Unified
Code of Corrections, the Court must proceed under Sections
5-705 and 5-710 of this Article. To request a hearing, the
State must file a written motion within 10 days following the
entry of a finding or the return of a verdict. Reasonable
notice of the motion shall be given to the minor or his or her
counsel. If the motion is made by the State, the court shall
conduct a hearing to determine if the minor should be sentenced
under Chapter V of the Unified Code of Corrections. In making
its determination, the court shall consider among other
matters: (a) whether there is evidence that the offense was
committed in an aggressive and premeditated manner; (b) the age
of the minor; (c) the previous history of the minor; (d)
whether there are facilities particularly available to the
Juvenile Court or the Department of Juvenile Justice for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of

the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be sentenced
under Chapter V of the Unified Code of Corrections, then the
court shall sentence the minor accordingly having available to
it any or all dispositions so prescribed.
(4)(a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of an offense was at least 13 years of age and who is
charged with first degree murder committed during the course of
either aggravated criminal sexual assault, criminal sexual
assault, or aggravated kidnaping. However, this subsection (4)
does not include a minor charged with first degree murder based
exclusively upon the accountability provisions of the Criminal
Code of 1961 or the Criminal Code of 2012.
(b)(i) If before trial or plea an information or indictment
is filed that does not charge first degree murder committed
during the course of aggravated criminal sexual assault,
criminal sexual assault, or aggravated kidnaping, the State's
Attorney may proceed on any lesser charge or charges, but only
in Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the criminal laws of this
State on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his or
her right to have the matter proceed in Juvenile Court.

(ii) If before trial or plea an information or indictment
is filed that includes first degree murder committed during the
course of aggravated criminal sexual assault, criminal sexual
assault, or aggravated kidnaping, and additional charges that
are not specified in paragraph (a) of this subsection, all of
the charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
(c)(i) If after trial or plea the minor is convicted of
first degree murder committed during the course of aggravated
criminal sexual assault, criminal sexual assault, or
aggravated kidnaping, in sentencing the minor, the court shall
have available any or all dispositions prescribed for that
offense under Chapter V of the Unified Code of Corrections.
(ii) If the minor was not yet 15 years of age at the time of
the offense, and if after trial or plea the court finds that
the minor committed an offense other than first degree murder
committed during the course of either aggravated criminal
sexual assault, criminal sexual assault, or aggravated
kidnapping, the finding shall not invalidate the verdict or the
prosecution of the minor under the criminal laws of the State;
however, unless the State requests a hearing for the purpose of
sentencing the minor under Chapter V of the Unified Code of
Corrections, the Court must proceed under Sections 5-705 and
5-710 of this Article. To request a hearing, the State must
file a written motion within 10 days following the entry of a
finding or the return of a verdict. Reasonable notice of the

motion shall be given to the minor or his or her counsel. If
the motion is made by the State, the court shall conduct a
hearing to determine whether the minor should be sentenced
under Chapter V of the Unified Code of Corrections. In making
its determination, the court shall consider among other
matters: (a) whether there is evidence that the offense was
committed in an aggressive and premeditated manner; (b) the age
of the minor; (c) the previous delinquent history of the minor;
(d) whether there are facilities particularly available to the
Juvenile Court or the Department of Juvenile Justice for the
treatment and rehabilitation of the minor; (e) whether the best
interest of the minor and the security of the public require
sentencing under Chapter V of the Unified Code of Corrections;
and (f) whether the minor possessed a deadly weapon when
committing the offense. The rules of evidence shall be the same
as if at trial. If after the hearing the court finds that the
minor should be sentenced under Chapter V of the Unified Code
of Corrections, then the court shall sentence the minor
accordingly having available to it any or all dispositions so
prescribed.
(5)(a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who is
charged with a violation of subsection (a) of Section 31-6 or
Section 32-10 of the Criminal Code of 1961 or the Criminal Code
of 2012 when the minor is subject to prosecution under the
criminal laws of this State as a result of the application of

the provisions of Section 5-125, or subsection (1) or (2) of
this Section. These charges and all other charges arising out
of the same incident shall be prosecuted under the criminal
laws of this State.
(b)(i) If before trial or plea an information or indictment
is filed that does not charge an offense specified in paragraph
(a) of this subsection (5), the State's Attorney may proceed on
any lesser charge or charges, but only in Juvenile Court under
the provisions of this Article. The State's Attorney may
proceed under the criminal laws of this State on a lesser
charge if before trial the minor defendant knowingly and with
advice of counsel waives, in writing, his or her right to have
the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or indictment
is filed that includes one or more charges specified in
paragraph (a) of this subsection (5) and additional charges
that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under the
criminal laws of this State.
(c)(i) If after trial or plea the minor is convicted of any
offense covered by paragraph (a) of this subsection (5), then,
in sentencing the minor, the court shall have available any or
all dispositions prescribed for that offense under Chapter V of
the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the minor
committed an offense not covered by paragraph (a) of this

subsection (5), the conviction shall not invalidate the verdict
or the prosecution of the minor under the criminal laws of this
State; however, unless the State requests a hearing for the
purpose of sentencing the minor under Chapter V of the Unified
Code of Corrections, the Court must proceed under Sections
5-705 and 5-710 of this Article. To request a hearing, the
State must file a written motion within 10 days following the
entry of a finding or the return of a verdict. Reasonable
notice of the motion shall be given to the minor or his or her
counsel. If the motion is made by the State, the court shall
conduct a hearing to determine if whether the minor should be
sentenced under Chapter V of the Unified Code of Corrections.
In making its determination, the court shall consider among
other matters: (a) whether there is evidence that the offense
was committed in an aggressive and premeditated manner; (b) the
age of the minor; (c) the previous delinquent history of the
minor; (d) whether there are facilities particularly available
to the Juvenile Court or the Department of Juvenile Justice for
the treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be sentenced
under Chapter V of the Unified Code of Corrections, then the
court shall sentence the minor accordingly having available to

it any or all dispositions so prescribed.
(6) The definition of delinquent minor under Section 5-120
of this Article shall not apply to any minor who, pursuant to
subsection (1) or (3) or Section 5-805 or 5-810, has previously
been placed under the jurisdiction of the criminal court and
has been convicted of a crime under an adult criminal or penal
statute. Such a minor shall be subject to prosecution under the
criminal laws of this State.
(7) The procedures set out in this Article for the
investigation, arrest and prosecution of juvenile offenders
shall not apply to minors who are excluded from jurisdiction of
the Juvenile Court, except that minors under 18 years of age
shall be kept separate from confined adults.
(8) Nothing in this Act prohibits or limits the prosecution
of any minor for an offense committed on or after his or her
18th birthday even though he or she is at the time of the
offense a ward of the court.
(9) If an original petition for adjudication of wardship
alleges the commission by a minor 13 years of age or over of an
act that constitutes a crime under the laws of this State, the
minor, with the consent of his or her counsel, may, at any time
before commencement of the adjudicatory hearing, file with the
court a motion that criminal prosecution be ordered and that
the petition be dismissed insofar as the act or acts involved
in the criminal proceedings are concerned. If such a motion is
filed as herein provided, the court shall enter its order

accordingly.
(10) If, prior to August 12, 2005 (the effective date of
Public Act 94-574), a minor is charged with a violation of
Section 401 of the Illinois Controlled Substances Act under the
criminal laws of this State, other than a minor charged with a
Class X felony violation of the Illinois Controlled Substances
Act or the Methamphetamine Control and Community Protection
Act, any party including the minor or the court sua sponte may,
before trial, move for a hearing for the purpose of trying and
sentencing the minor as a delinquent minor. To request a
hearing, the party must file a motion prior to trial.
Reasonable notice of the motion shall be given to all parties.
On its own motion or upon the filing of a motion by one of the
parties including the minor, the court shall conduct a hearing
to determine whether the minor should be tried and sentenced as
a delinquent minor under this Article. In making its
determination, the court shall consider among other matters:
(a) The age of the minor;
(b) Any previous delinquent or criminal history of the
minor;
(c) Any previous abuse or neglect history of the minor;
(d) Any mental health or educational history of the
minor, or both; and
(e) Whether there is probable cause to support the
charge, whether the minor is charged through
accountability, and whether there is evidence the minor

possessed a deadly weapon or caused serious bodily harm
during the offense.
Any material that is relevant and reliable shall be
admissible at the hearing. In all cases, the judge shall enter
an order permitting prosecution under the criminal laws of
Illinois unless the judge makes a finding based on a
preponderance of the evidence that the minor would be amenable
to the care, treatment, and training programs available through
the facilities of the juvenile court based on an evaluation of
the factors listed in this subsection (10).
(11) The changes made to this Section by Public Act 98-61
this amendatory Act of the 98th General Assembly apply to a
minor who has been arrested or taken into custody on or after
January 1, 2014 (the effective date of Public Act 98-61) this
amendatory Act.
(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14;
revised 11-22-13.)
(705 ILCS 405/5-401.5)
Sec. 5-401.5. When statements by minor may be used.
(a) In this Section, "custodial interrogation" means any
interrogation (i) during which a reasonable person in the
subject's position would consider himself or herself to be in
custody and (ii) during which a question is asked that is
reasonably likely to elicit an incriminating response.
In this Section, "electronic recording" includes motion

picture, audiotape, videotape, or digital recording.
In this Section, "place of detention" means a building or a
police station that is a place of operation for a municipal
police department or county sheriff department or other law
enforcement agency at which persons are or may be held in
detention in connection with criminal charges against those
persons or allegations that those persons are delinquent
minors.
(b) An oral, written, or sign language statement of a minor
who, at the time of the commission of the offense was under the
age of 18 years, made as a result of a custodial interrogation
conducted at a police station or other place of detention on or
after the effective date of this amendatory Act of the 93rd
General Assembly shall be presumed to be inadmissible as
evidence against the minor in any criminal proceeding or
juvenile court proceeding, for an act that if committed by an
adult would be brought under Section 9-1, 9-1.2, 9-2, 9-2.1,
9-3, 9-3.2, or 9-3.3, of the Criminal Code of 1961 or the
Criminal Code of 2012, or under clause (d)(1)(F) of Section
11-501 of the Illinois Vehicle Code unless:
(1) an electronic recording is made of the custodial
interrogation; and
(2) the recording is substantially accurate and not
intentionally altered.
(b-5) Under the following circumstances, an oral, written,
or sign language statement of a minor who, at the time of the

commission of the offense was under the age of 17 years, made
as a result of a custodial interrogation conducted at a police
station or other place of detention shall be presumed to be
inadmissible as evidence against the minor, unless an
electronic recording is made of the custodial interrogation and
the recording is substantially accurate and not intentionally
altered:
(1) in any criminal proceeding or juvenile court
proceeding, for an act that if committed by an adult would
be brought under Section 11-1.40 or 20-1.1 of the Criminal
Code of 1961 or the Criminal Code of 2012, if the custodial
interrogation was conducted on or after June 1, 2014;
(2) in any criminal proceeding or juvenile court
proceeding, for an act that if committed by an adult would
be brought under Section 10-2, 18-4, or 19-6 of the
Criminal Code of 1961 or the Criminal Code of 2012, if the
custodial interrogation was conducted on or after June 1,
2015; and
(3) in any criminal proceeding or juvenile court
proceeding, for an act that if committed by an adult would
be brought under Section 11-1.30 or 18-2 or subsection (e)
of Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012, if the custodial interrogation was
conducted on or after June 1, 2016.
(b-10) If, during the course of an electronically recorded
custodial interrogation conducted under this Section of a minor

who, at the time of the commission of the offense was under the
age of 17 years, the minor makes a statement that creates a
reasonable suspicion to believe the minor has committed an act
that if committed by an adult would be an offense other than an
offense required to be recorded under subsection (b) or (b-5),
the interrogators may, without the minor's consent, continue to
record the interrogation as it relates to the other offense
notwithstanding any provision of law to the contrary. Any oral,
written, or sign language statement of a minor made as a result
of an interrogation under this subsection shall be presumed to
be inadmissible as evidence against the minor in any criminal
proceeding or juvenile court proceeding, unless the recording
is substantially accurate and not intentionally altered.
(c) Every electronic recording made under this Section must
be preserved until such time as the minor's adjudication for
any offense relating to the statement is final and all direct
and habeas corpus appeals are exhausted, or the prosecution of
such offenses is barred by law.
(d) If the court finds, by a preponderance of the evidence,
that the minor was subjected to a custodial interrogation in
violation of this Section, then any statements made by the
minor during or following that non-recorded custodial
interrogation, even if otherwise in compliance with this
Section, are presumed to be inadmissible in any criminal
proceeding or juvenile court proceeding against the minor
except for the purposes of impeachment.

(e) Nothing in this Section precludes the admission (i) of
a statement made by the minor in open court in any criminal
proceeding or juvenile court proceeding, before a grand jury,
or at a preliminary hearing, (ii) of a statement made during a
custodial interrogation that was not recorded as required by
this Section because electronic recording was not feasible,
(iii) of a voluntary statement, whether or not the result of a
custodial interrogation, that has a bearing on the credibility
of the accused as a witness, (iv) of a spontaneous statement
that is not made in response to a question, (v) of a statement
made after questioning that is routinely asked during the
processing of the arrest of the suspect, (vi) of a statement
made during a custodial interrogation by a suspect who
requests, prior to making the statement, to respond to the
interrogator's questions only if an electronic recording is not
made of the statement, provided that an electronic recording is
made of the statement of agreeing to respond to the
interrogator's question, only if a recording is not made of the
statement, (vii) of a statement made during a custodial
interrogation that is conducted out-of-state, (viii) of a
statement given in violation of subsection (b) at a time when
the interrogators are unaware that a death has in fact
occurred, (ix) of a statement given in violation of subsection
(b-5) at a time when the interrogators are unaware of facts and
circumstances that would create probable cause to believe that
the minor committed an act that if committed by an adult would

be an offense required to be recorded under subsection (b-5),
or (x) of any other statement that may be admissible under law.
The State shall bear the burden of proving, by a preponderance
of the evidence, that one of the exceptions described in this
subsection (e) is applicable. Nothing in this Section precludes
the admission of a statement, otherwise inadmissible under this
Section, that is used only for impeachment and not as
substantive evidence.
(f) The presumption of inadmissibility of a statement made
by a suspect at a custodial interrogation at a police station
or other place of detention may be overcome by a preponderance
of the evidence that the statement was voluntarily given and is
reliable, based on the totality of the circumstances.
(g) Any electronic recording of any statement made by a
minor during a custodial interrogation that is compiled by any
law enforcement agency as required by this Section for the
purposes of fulfilling the requirements of this Section shall
be confidential and exempt from public inspection and copying,
as provided under Section 7 of the Freedom of Information Act,
and the information shall not be transmitted to anyone except
as needed to comply with this Section.
(h) A statement, admission, confession, or incriminating
information made by or obtained from a minor related to the
instant offense, as part of any behavioral health screening,
assessment, evaluation, or treatment, whether or not
court-ordered, shall not be admissible as evidence against the

minor on the issue of guilt only in the instant juvenile court
proceeding. The provisions of this subsection (h) are in
addition to and do not override any existing statutory and
constitutional prohibition on the admission into evidence in
delinquency proceedings of information obtained during
screening, assessment, or treatment.
(i) The changes made to this Section by Public Act 98-61
this amendatory Act of the 98th General Assembly apply to
statements of a minor made on or after January 1, 2014 (the
effective date of Public Act 98-61) this amendatory Act.
(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14;
98-547, eff. 1-1-14; revised 9-24-13.)
(705 ILCS 405/5-410)
Sec. 5-410. Non-secure custody or detention.
(1) Any minor arrested or taken into custody pursuant to
this Act who requires care away from his or her home but who
does not require physical restriction shall be given temporary
care in a foster family home or other shelter facility
designated by the court.
(2) (a) Any minor 10 years of age or older arrested
pursuant to this Act where there is probable cause to believe
that the minor is a delinquent minor and that (i) secured
custody is a matter of immediate and urgent necessity for the
protection of the minor or of the person or property of
another, (ii) the minor is likely to flee the jurisdiction of

the court, or (iii) the minor was taken into custody under a
warrant, may be kept or detained in an authorized detention
facility. No minor under 12 years of age shall be detained in a
county jail or a municipal lockup for more than 6 hours.
(b) The written authorization of the probation officer or
detention officer (or other public officer designated by the
court in a county having 3,000,000 or more inhabitants)
constitutes authority for the superintendent of any juvenile
detention home to detain and keep a minor for up to 40 hours,
excluding Saturdays, Sundays and court-designated holidays.
These records shall be available to the same persons and
pursuant to the same conditions as are law enforcement records
as provided in Section 5-905.
(b-4) The consultation required by subsection (b-5) shall
not be applicable if the probation officer or detention officer
(or other public officer designated by the court in a county
having 3,000,000 or more inhabitants) utilizes a scorable
detention screening instrument, which has been developed with
input by the State's Attorney, to determine whether a minor
should be detained, however, subsection (b-5) shall still be
applicable where no such screening instrument is used or where
the probation officer, detention officer (or other public
officer designated by the court in a county having 3,000,000 or
more inhabitants) deviates from the screening instrument.
(b-5) Subject to the provisions of subsection (b-4), if a
probation officer or detention officer (or other public officer

designated by the court in a county having 3,000,000 or more
inhabitants) does not intend to detain a minor for an offense
which constitutes one of the following offenses he or she shall
consult with the State's Attorney's Office prior to the release
of the minor: first degree murder, second degree murder,
involuntary manslaughter, criminal sexual assault, aggravated
criminal sexual assault, 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, aggravated or heinous
battery involving permanent disability or disfigurement or
great bodily harm, robbery, aggravated robbery, armed robbery,
vehicular hijacking, aggravated vehicular hijacking, vehicular
invasion, arson, aggravated arson, kidnapping, aggravated
kidnapping, home invasion, burglary, or residential burglary.
(c) Except as otherwise provided in paragraph (a), (d), or
(e), no minor shall be detained in a county jail or municipal
lockup for more than 12 hours, unless the offense is a crime of
violence in which case the minor may be detained up to 24
hours. For the purpose of this paragraph, "crime of violence"
has the meaning ascribed to it in Section 1-10 of the
Alcoholism and Other Drug Abuse and Dependency Act.
(i) The period of detention is deemed to have begun
once the minor has been placed in a locked room or cell or
handcuffed to a stationary object in a building housing a
county jail or municipal lockup. Time spent transporting a
minor is not considered to be time in detention or secure

custody.
(ii) Any minor so confined shall be under periodic
supervision and shall not be permitted to come into or
remain in contact with adults in custody in the building.
(iii) Upon placement in secure custody in a jail or
lockup, the minor shall be informed of the purpose of the
detention, the time it is expected to last and the fact
that it cannot exceed the time specified under this Act.
(iv) A log shall be kept which shows the offense which
is the basis for the detention, the reasons and
circumstances for the decision to detain and the length of
time the minor was in detention.
(v) Violation of the time limit on detention in a
county jail or municipal lockup shall not, in and of
itself, render inadmissible evidence obtained as a result
of the violation of this time limit. Minors under 18 years
of age shall be kept separate from confined adults and may
not at any time be kept in the same cell, room or yard with
adults confined pursuant to criminal law. 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; and
(D) Any mental health or educational history of the
person, or both.
(d) (i) If a minor 12 years of age or older is confined in a
county jail in a county with a population below 3,000,000
inhabitants, then the minor's confinement shall be implemented
in such a manner that there will be no contact by sight, sound
or otherwise between the minor and adult prisoners. Minors 12
years of age or older must be kept separate from confined
adults and may not at any time be kept in the same cell, room,
or yard with confined adults. This paragraph (d)(i) shall only
apply to confinement pending an adjudicatory hearing and shall
not exceed 40 hours, excluding Saturdays, Sundays and court
designated holidays. To accept or hold minors during this time
period, county jails shall comply with all monitoring standards
promulgated by the Department of Corrections and training
standards approved by the Illinois Law Enforcement Training
Standards Board.
(ii) To accept or hold minors, 12 years of age or older,
after the time period prescribed in paragraph (d)(i) of this
subsection (2) of this Section but not exceeding 7 days
including Saturdays, Sundays and holidays pending an
adjudicatory hearing, county jails shall comply with all

temporary detention standards promulgated by the Department of
Corrections and training standards approved by the Illinois Law
Enforcement Training Standards Board.
(iii) To accept or hold minors 12 years of age or older,
after the time period prescribed in paragraphs (d)(i) and
(d)(ii) of this subsection (2) of this Section, county jails
shall comply with all programmatic and training standards for
juvenile detention homes promulgated by the Department of
Corrections.
(e) When a minor who is at least 15 years of age is
prosecuted under the criminal laws of this State, the court may
enter an order directing that the juvenile be confined in the
county jail. However, any juvenile confined in the county jail
under this provision shall be separated from adults who are
confined in the county jail in such a manner that there will be
no contact by sight, sound or otherwise between the juvenile
and adult prisoners.
(f) For purposes of appearing in a physical lineup, the
minor may be taken to a county jail or municipal lockup under
the direct and constant supervision of a juvenile police
officer. During such time as is necessary to conduct a lineup,
and while supervised by a juvenile police officer, the sight
and sound separation provisions shall not apply.
(g) For purposes of processing a minor, the minor may be
taken to a County Jail or municipal lockup under the direct and
constant supervision of a law enforcement officer or

correctional officer. During such time as is necessary to
process the minor, and while supervised by a law enforcement
officer or correctional officer, the sight and sound separation
provisions shall not apply.
(3) If the probation officer or State's Attorney (or such
other public officer designated by the court in a county having
3,000,000 or more inhabitants) determines that the minor may be
a delinquent minor as described in subsection (3) of Section
5-105, and should be retained in custody but does not require
physical restriction, the minor may be placed in non-secure
custody for up to 40 hours pending a detention hearing.
(4) Any minor taken into temporary custody, not requiring
secure detention, may, however, be detained in the home of his
or her parent or guardian subject to such conditions as the
court may impose.
(5) The changes made to this Section by Public Act 98-61
this amendatory Act of the 98th General Assembly apply to a
minor who has been arrested or taken into custody on or after
January 1, 2014 (the effective date of Public Act 98-61) this
amendatory Act.
(Source: P.A. 98-61, eff. 1-1-14; revised 11-22-13.)
(705 ILCS 405/5-901)
Sec. 5-901. Court file.
(1) The Court file with respect to proceedings under this
Article shall consist of the petitions, pleadings, victim

impact statements, process, service of process, orders, writs
and docket entries reflecting hearings held and judgments and
decrees entered by the court. The court file shall be kept
separate from other records of the court.
(a) The file, including information identifying the
victim or alleged victim of any sex offense, shall be
disclosed only to the following parties when necessary for
discharge of their official duties:
(i) A judge of the circuit court and members of the
staff of the court designated by the judge;
(ii) Parties to the proceedings and their
attorneys;
(iii) Victims and their attorneys, except in cases
of multiple victims of sex offenses in which case the
information identifying the nonrequesting victims
shall be redacted;
(iv) Probation officers, law enforcement officers
or prosecutors or their staff;
(v) Adult and juvenile Prisoner Review Boards.
(b) The Court file redacted to remove any information
identifying the victim or alleged victim of any sex offense
shall be disclosed only to the following parties when
necessary for discharge of their official duties:
(i) Authorized military personnel;
(ii) Persons engaged in bona fide research, with
the permission of the judge of the juvenile court and

the chief executive of the agency that prepared the
particular recording: provided that publication of
such research results in no disclosure of a minor's
identity and protects the confidentiality of the
record;
(iii) The Secretary of State to whom the Clerk of
the Court shall report the disposition of all cases, as
required in Section 6-204 or Section 6-205.1 of the
Illinois Vehicle Code. However, information reported
relative to these offenses shall be privileged and
available only to the Secretary of State, courts, and
police officers;
(iv) The administrator of a bonafide substance
abuse student assistance program with the permission
of the presiding judge of the juvenile court;
(v) Any individual, or any public or private agency
or institution, having custody of the juvenile under
court order or providing educational, medical or
mental health services to the juvenile or a
court-approved advocate for the juvenile or any
placement provider or potential placement provider as
determined by the court.
(3) A minor who is the victim or alleged victim in a
juvenile proceeding shall be provided the same confidentiality
regarding disclosure of identity as the minor who is the
subject of record. Information identifying victims and alleged

victims of sex offenses, shall not be disclosed or open to
public inspection under any circumstances. Nothing in this
Section shall prohibit the victim or alleged victim of any sex
offense from voluntarily disclosing his or her identity.
(4) Relevant information, reports and records shall be made
available to the Department of Juvenile Justice when a juvenile
offender has been placed in the custody of the Department of
Juvenile Justice.
(5) Except as otherwise provided in this subsection (5),
juvenile court records shall not be made available to the
general public but may be inspected by representatives of
agencies, associations and news media or other properly
interested persons by general or special order of the court.
The State's Attorney, the minor, his or her parents, guardian
and counsel shall at all times have the right to examine court
files and records.
(a) The court shall allow the general public to have
access to the name, address, and offense of a minor who is
adjudicated a delinquent minor under this Act under either
of the following circumstances:
(i) The adjudication of delinquency was based upon
the minor's commission of first degree murder, attempt
to commit first degree murder, aggravated criminal
sexual assault, or criminal sexual assault; or
(ii) The court has made a finding that the minor
was at least 13 years of age at the time the act was

committed and the adjudication of delinquency was
based upon the minor's commission of: (A) an act in
furtherance of the commission of a felony as a member
of or on behalf of a criminal street gang, (B) an act
involving the use of a firearm in the commission of a
felony, (C) an act that would be a Class X felony
offense under or the minor's second or subsequent Class
2 or greater felony offense under the Cannabis Control
Act if committed by an adult, (D) an act that would be
a second or subsequent offense under Section 402 of the
Illinois Controlled Substances Act if committed by an
adult, (E) an act that would be an offense under
Section 401 of the Illinois Controlled Substances Act
if committed by an adult, or (F) an act that would be
an offense under the Methamphetamine Control and
Community Protection Act if committed by an adult.
(b) The court shall allow the general public to have
access to the name, address, and offense of a minor who is
at least 13 years of age at the time the offense is
committed and who is convicted, in criminal proceedings
permitted or required under Section 5-805, under either of
the following circumstances:
(i) The minor has been convicted of first degree
murder, attempt to commit first degree murder,
aggravated criminal sexual assault, or criminal sexual
assault,

(ii) The court has made a finding that the minor
was at least 13 years of age at the time the offense
was committed and the conviction was based upon the
minor's commission of: (A) an offense in furtherance of
the commission of a felony as a member of or on behalf
of a criminal street gang, (B) an offense involving the
use of a firearm in the commission of a felony, (C) a
Class X felony offense under the Cannabis Control Act
or a second or subsequent Class 2 or greater felony
offense under the Cannabis Control Act, (D) a second or
subsequent offense under Section 402 of the Illinois
Controlled Substances Act, (E) an offense under
Section 401 of the Illinois Controlled Substances Act,
or (F) an offense under the Methamphetamine Control and
Community Protection Act.
(6) Nothing in this Section shall be construed to limit the
use of a adjudication of delinquency as evidence in any
juvenile or criminal proceeding, where it would otherwise be
admissible under the rules of evidence, including but not
limited to, use as impeachment evidence against any witness,
including the minor if he or she testifies.
(7) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority examining the
character and fitness of an applicant for a position as a law
enforcement officer to ascertain whether that applicant was
ever adjudicated to be a delinquent minor and, if so, to

examine the records or evidence which were made in proceedings
under this Act.
(8) Following any adjudication of delinquency for a crime
which would be a felony if committed by an adult, or following
any adjudication of delinquency for a violation of Section
24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
Criminal Code of 2012, the State's Attorney shall ascertain
whether the minor respondent is enrolled in school and, if so,
shall provide a copy of the sentencing order to the principal
or chief administrative officer of the school. Access to such
juvenile records shall be limited to the principal or chief
administrative officer of the school and any guidance counselor
designated by him or her.
(9) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
(11) The Clerk of the Circuit Court shall report to the
Department of State Police, in the form and manner required by
the Department of State Police, the final disposition of each
minor who has been arrested or taken into custody before his or
her 18th birthday for those offenses required to be reported
under Section 5 of the Criminal Identification Act. Information
reported to the Department under this Section may be maintained

with records that the Department files under Section 2.1 of the
Criminal Identification Act.
(12) Information or records may be disclosed to the general
public when the court is conducting hearings under Section
5-805 or 5-810.
(13) The changes made to this Section by Public Act 98-61
this amendatory Act of the 98th General Assembly apply to
juvenile court records of a minor who has been arrested or
taken into custody on or after January 1, 2014 (the effective
date of Public Act 98-61) this amendatory Act.
(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14;
revised 11-22-13.)
(705 ILCS 405/5-905)
Sec. 5-905. Law enforcement records.
(1) Law Enforcement Records. Inspection and copying of law
enforcement records maintained by law enforcement agencies
that relate to a minor who has been arrested or taken into
custody before his or her 18th birthday shall be restricted to
the following and when necessary for the discharge of their
official duties:
(a) A judge of the circuit court and members of the
staff of the court designated by the judge;
(b) Law enforcement officers, probation officers or
prosecutors or their staff, or, when necessary for the
discharge of its official duties in connection with a

particular investigation of the conduct of a law
enforcement officer, an independent agency or its staff
created by ordinance and charged by a unit of local
government with the duty of investigating the conduct of
law enforcement officers;
(c) The minor, the minor's parents or legal guardian
and their attorneys, but only when the juvenile has been
charged with an offense;
(d) Adult and Juvenile Prisoner Review Boards;
(e) Authorized military personnel;
(f) Persons engaged in bona fide research, with the
permission of the judge of juvenile court and the chief
executive of the agency that prepared the particular
recording: provided that publication of such research
results in no disclosure of a minor's identity and protects
the confidentiality of the record;
(g) Individuals responsible for supervising or
providing temporary or permanent care and custody of minors
pursuant to orders of the juvenile court or directives from
officials of the Department of Children and Family Services
or the Department of Human Services who certify in writing
that the information will not be disclosed to any other
party except as provided under law or order of court;
(h) The appropriate school official only if the agency
or officer believes that there is an imminent threat of
physical harm to students, school personnel, or others who

are present in the school or on school grounds.
(A) Inspection and copying shall be limited to law
enforcement records transmitted to the appropriate
school official or officials whom the school has
determined to have a legitimate educational or safety
interest by a local law enforcement agency under a
reciprocal reporting system established and maintained
between the school district and the local law
enforcement agency under Section 10-20.14 of the
School Code concerning a minor enrolled in a school
within the school district who has been arrested or
taken into custody for any of the following offenses:
(i) any violation of Article 24 of the Criminal
Code of 1961 or the Criminal Code of 2012;
(ii) a violation of the Illinois Controlled
Substances Act;
(iii) a violation of the Cannabis Control Act;
(iv) a forcible felony as defined in Section
2-8 of the Criminal Code of 1961 or the Criminal
Code of 2012;
(v) a violation of the Methamphetamine Control
and Community Protection Act;
(vi) a violation of Section 1-2 of the
Harassing and Obscene Communications Act;
(vii) a violation of the Hazing Act; or
(viii) a violation of Section 12-1, 12-2,

12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
The information derived from the law enforcement
records shall be kept separate from and shall not
become a part of the official school record of that
child and shall not be a public record. The information
shall be used solely by the appropriate school official
or officials whom the school has determined to have a
legitimate educational or safety interest to aid in the
proper rehabilitation of the child and to protect the
safety of students and employees in the school. If the
designated law enforcement and school officials deem
it to be in the best interest of the minor, the student
may be referred to in-school or community based social
services if those services are available.
"Rehabilitation services" may include interventions by
school support personnel, evaluation for eligibility
for special education, referrals to community-based
agencies such as youth services, behavioral healthcare
service providers, drug and alcohol prevention or
treatment programs, and other interventions as deemed
appropriate for the student.
(B) Any information provided to appropriate school
officials whom the school has determined to have a
legitimate educational or safety interest by local law

enforcement officials about a minor who is the subject
of a current police investigation that is directly
related to school safety shall consist of oral
information only, and not written law enforcement
records, and shall be used solely by the appropriate
school official or officials to protect the safety of
students and employees in the school and aid in the
proper rehabilitation of the child. The information
derived orally from the local law enforcement
officials shall be kept separate from and shall not
become a part of the official school record of the
child and shall not be a public record. This limitation
on the use of information about a minor who is the
subject of a current police investigation shall in no
way limit the use of this information by prosecutors in
pursuing criminal charges arising out of the
information disclosed during a police investigation of
the minor. For purposes of this paragraph,
"investigation" means an official systematic inquiry
by a law enforcement agency into actual or suspected
criminal activity;
(i) The president of a park district. Inspection and
copying shall be limited to law enforcement records
transmitted to the president of the park district by the
Illinois State Police under Section 8-23 of the Park
District Code or Section 16a-5 of the Chicago Park District

Act concerning a person who is seeking employment with that
park district and who has been adjudicated a juvenile
delinquent for any of the offenses listed in subsection (c)
of Section 8-23 of the Park District Code or subsection (c)
of Section 16a-5 of the Chicago Park District Act.
(2) Information identifying victims and alleged victims of
sex offenses, shall not be disclosed or open to public
inspection under any circumstances. Nothing in this Section
shall prohibit the victim or alleged victim of any sex offense
from voluntarily disclosing his or her identity.
(2.5) If the minor is a victim of aggravated battery,
battery, attempted first degree murder, or other non-sexual
violent offense, the identity of the victim may be disclosed to
appropriate school officials, for the purpose of preventing
foreseeable future violence involving minors, by a local law
enforcement agency pursuant to an agreement established
between the school district and a local law enforcement agency
subject to the approval by the presiding judge of the juvenile
court.
(3) Relevant information, reports and records shall be made
available to the Department of Juvenile Justice when a juvenile
offender has been placed in the custody of the Department of
Juvenile Justice.
(4) Nothing in this Section shall prohibit the inspection
or disclosure to victims and witnesses of photographs contained
in the records of law enforcement agencies when the inspection

or disclosure is conducted in the presence of a law enforcement
officer for purposes of identification or apprehension of any
person in the course of any criminal investigation or
prosecution.
(5) The records of law enforcement officers, or of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, concerning all minors under 18
years of age must be maintained separate from the records of
adults and may not be open to public inspection or their
contents disclosed to the public except by order of the court
or when the institution of criminal proceedings has been
permitted under Section 5-130 or 5-805 or required under
Section 5-130 or 5-805 or such a person has been convicted of a
crime and is the subject of pre-sentence investigation or when
provided by law.
(6) Except as otherwise provided in this subsection (6),
law enforcement officers, and personnel of an independent
agency created by ordinance and charged by a unit of local
government with the duty of investigating the conduct of law
enforcement officers, may not disclose the identity of any
minor in releasing information to the general public as to the
arrest, investigation or disposition of any case involving a
minor. Any victim or parent or legal guardian of a victim may
petition the court to disclose the name and address of the
minor and the minor's parents or legal guardian, or both. Upon

a finding by clear and convincing evidence that the disclosure
is either necessary for the victim to pursue a civil remedy
against the minor or the minor's parents or legal guardian, or
both, or to protect the victim's person or property from the
minor, then the court may order the disclosure of the
information to the victim or to the parent or legal guardian of
the victim only for the purpose of the victim pursuing a civil
remedy against the minor or the minor's parents or legal
guardian, or both, or to protect the victim's person or
property from the minor.
(7) Nothing contained in this Section shall prohibit law
enforcement agencies when acting in their official capacity
from communicating with each other by letter, memorandum,
teletype or intelligence alert bulletin or other means the
identity or other relevant information pertaining to a person
under 18 years of age. The information provided under this
subsection (7) shall remain confidential and shall not be
publicly disclosed, except as otherwise allowed by law.
(8) No person shall disclose information under this Section
except when acting in his or her official capacity and as
provided by law or order of court.
(9) The changes made to this Section by Public Act 98-61
this amendatory Act of the 98th General Assembly apply to law
enforcement records of a minor who has been arrested or taken
into custody on or after January 1, 2014 (the effective date of
Public Act 98-61) this amendatory Act.

(Source: P.A. 97-700, eff. 6-22-12; 97-1104, eff. 1-1-13;
97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; revised 11-22-13.)
(705 ILCS 405/5-915)
Sec. 5-915. Expungement of juvenile law enforcement and
court records.
(0.05) For purposes of this Section and Section 5-622:
"Expunge" means to physically destroy the records and
to obliterate the minor's name from any official index or
public record, or both. Nothing in this Act shall require
the physical destruction of the internal office records,
files, or databases maintained by a State's Attorney's
Office or other prosecutor.
"Law enforcement record" includes but is not limited to
records of arrest, station adjustments, fingerprints,
probation adjustments, the issuance of a notice to appear,
or any other records maintained by a law enforcement agency
relating to a minor suspected of committing an offense.
(1) Whenever any person has attained the age of 18 or
whenever all juvenile court proceedings relating to that person
have been terminated, whichever is later, the person may
petition the court to expunge law enforcement records relating
to incidents occurring before his or her 18th birthday or his
or her juvenile court records, or both, but only in the
following circumstances:
(a) the minor was arrested and no petition for

delinquency was filed with the clerk of the circuit court;
or
(b) the minor was charged with an offense and was found
not delinquent of that offense; or
(c) the minor was placed under supervision pursuant to
Section 5-615, and the order of supervision has since been
successfully terminated; or
(d) the minor was adjudicated for an offense which
would be a Class B misdemeanor, Class C misdemeanor, or a
petty or business offense if committed by an adult.
(2) Any person may petition the court to expunge all law
enforcement records relating to any incidents occurring before
his or her 18th birthday which did not result in proceedings in
criminal court and all juvenile court records with respect to
any adjudications except those based upon first degree murder
and sex offenses which would be felonies if committed by an
adult, if the person for whom expungement is sought has had no
convictions for any crime since his or her 18th birthday and:
(a) has attained the age of 21 years; or
(b) 5 years have elapsed since all juvenile court
proceedings relating to him or her have been terminated or
his or her commitment to the Department of Juvenile Justice
pursuant to this Act has been terminated;
whichever is later of (a) or (b). Nothing in this Section 5-915
precludes a minor from obtaining expungement under Section
5-622.

(2.5) If a minor is arrested and no petition for
delinquency is filed with the clerk of the circuit court as
provided in paragraph (a) of subsection (1) 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 if the State's Attorney
does not file a petition for delinquency, the minor has a right
to petition to have his or her arrest record expunged when the
minor attains the age of 18 or when all juvenile court
proceedings relating to that minor have been terminated and
that unless a petition to expunge is filed, the minor shall
have an arrest record and shall provide the minor and the
minor's parents or guardians with an expungement information
packet, including a petition to expunge juvenile records
obtained from the clerk of the circuit court.
(2.6) If a minor is charged with an offense and is found
not delinquent of that offense; or if a minor is placed under
supervision under Section 5-615, and the order of supervision
is successfully terminated; or if a minor is adjudicated for an
offense that would be a Class B misdemeanor, a Class C
misdemeanor, or a business or petty offense if committed by an
adult; or if a minor has incidents occurring before his or her
18th birthday that have not resulted in proceedings in criminal
court, or resulted in proceedings in juvenile court, and the
adjudications were not based upon first degree murder or sex

offenses that would be felonies if committed by an adult; then
at the time of sentencing or dismissal of the case, the judge
shall inform the delinquent minor of his or her right to
petition for expungement as provided by law, and the clerk of
the circuit court shall provide an expungement information
packet to the delinquent minor, written in plain language,
including a petition for expungement, a sample of a completed
petition, expungement instructions that shall include
information informing the minor that (i) once the case is
expunged, it shall be treated as if it never occurred, (ii) he
or she may apply to have petition fees waived, (iii) once he or
she obtains an expungement, he or she may not be required to
disclose that he or she had a juvenile record, and (iv) 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) For counties with a population over 3,000,000, the
clerk of the circuit court shall send a "Notification of a
Possible Right to Expungement" post card to the minor at the
address last received by the clerk of the circuit court on the
date that the minor attains the age of 18 based on the
birthdate provided to the court by the minor or his or her

guardian in cases under paragraphs (b), (c), and (d) of
subsection (1); and when the minor attains the age of 21 based
on the birthdate provided to the court by the minor or his or
her guardian in cases under subsection (2).
(2.8) The petition for expungement for subsection (1) shall
be substantially in the following form:
IN THE CIRCUIT COURT OF ......, ILLINOIS
........ JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)
PETITION TO EXPUNGE JUVENILE RECORDS
(705 ILCS 405/5-915 (SUBSECTION 1))
(Please prepare a separate petition for each offense)
Now comes ............., petitioner, and respectfully requests
that this Honorable Court enter an order expunging all juvenile
law enforcement and court records of petitioner and in support
thereof states that: Petitioner has attained the age of 18,
his/her birth date being ......, or all Juvenile Court
proceedings terminated as of ......, whichever occurred later.
Petitioner was arrested on ..... by the ....... Police
Department for the offense of ......., and:

(Check One:)
( ) a. no petition was filed with the Clerk of the Circuit
Court.
( ) b. was charged with ...... and was found not delinquent of
the offense.
( ) c. a petition was filed and the petition was dismissed
without a finding of delinquency on .....
( ) d. on ....... placed under supervision pursuant to Section
5-615 of the Juvenile Court Act of 1987 and such order of
supervision successfully terminated on ........
( ) e. was adjudicated for the offense, which would have been a
Class B misdemeanor, a Class C misdemeanor, or a petty offense
or business offense if committed by an adult.
Petitioner .... has .... has not been arrested on charges in
this or any county other than the charges listed above. If
petitioner has been arrested on additional charges, please list
the charges below:
Charge(s): ......
Arresting Agency or Agencies: ...........
Disposition/Result: (choose from a. through e., above): .....
WHEREFORE, the petitioner respectfully requests this Honorable
Court to (1) order all law enforcement agencies to expunge all
records of petitioner to this incident, and (2) to order the
Clerk of the Court to expunge all records concerning the
petitioner regarding this incident.

......................
Petitioner (Signature)
..........................
Petitioner's Street Address
.....................
City, State, Zip Code
.............................
Petitioner's Telephone Number
Pursuant to the penalties of perjury under the Code of Civil
Procedure, 735 ILCS 5/1-109, I hereby certify that the
statements in this petition are true and correct, or on
information and belief I believe the same to be true.
......................
Petitioner (Signature)
The Petition for Expungement for subsection (2) shall be
substantially in the following form:
IN THE CIRCUIT COURT OF ........, ILLINOIS
........ JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.

)
)
...................)
(Name of Petitioner)
PETITION TO EXPUNGE JUVENILE RECORDS
(705 ILCS 405/5-915 (SUBSECTION 2))
(Please prepare a separate petition for each offense)
Now comes ............, petitioner, and respectfully requests
that this Honorable Court enter an order expunging all Juvenile
Law Enforcement and Court records of petitioner and in support
thereof states that:
The incident for which the Petitioner seeks expungement
occurred before the Petitioner's 18th birthday and did not
result in proceedings in criminal court and the Petitioner has
not had any convictions for any crime since his/her 18th
birthday; and
The incident for which the Petitioner seeks expungement
occurred before the Petitioner's 18th birthday and the
adjudication was not based upon first-degree murder or sex
offenses which would be felonies if committed by an adult, and
the Petitioner has not had any convictions for any crime since
his/her 18th birthday.
Petitioner was arrested on ...... by the ....... Police
Department for the offense of ........, and:
(Check whichever one occurred the latest:)

( ) a. The Petitioner has attained the age of 21 years, his/her
birthday being .......; or
( ) b. 5 years have elapsed since all juvenile court
proceedings relating to the Petitioner have been terminated; or
the Petitioner's commitment to the Department of Juvenile
Justice pursuant to the expungement of juvenile law enforcement
and court records provisions of the Juvenile Court Act of 1987
has been terminated. Petitioner ...has ...has not been arrested
on charges in this or any other county other than the charge
listed above. If petitioner has been arrested on additional
charges, please list the charges below:
Charge(s): ..........
Arresting Agency or Agencies: .......
Disposition/Result: (choose from a or b, above): ..........
WHEREFORE, the petitioner respectfully requests this Honorable
Court to (1) order all law enforcement agencies to expunge all
records of petitioner related to this incident, and (2) to
order the Clerk of the Court to expunge all records concerning
the petitioner regarding this incident.
.......................
Petitioner (Signature)
......................
Petitioner's Street Address

.....................
City, State, Zip Code
.............................
Petitioner's Telephone Number
Pursuant to the penalties of perjury under the Code of Civil
Procedure, 735 ILCS 5/1-109, I hereby certify that the
statements in this petition are true and correct, or on
information and belief I believe the same to be true.
......................
Petitioner (Signature)
(3) The chief judge of the circuit in which an arrest was
made or a charge was brought or any judge of that circuit
designated by the chief judge may, upon verified petition of a
person who is the subject of an arrest or a juvenile court
proceeding under subsection (1) or (2) of this Section, order
the law enforcement records or official court file, or both, to
be expunged from the official records of the arresting
authority, the clerk of the circuit court and the Department of
State Police. The person whose records are to be expunged shall
petition the court using the appropriate form containing his or
her current address and shall promptly notify the clerk of the
circuit court of any change of address. Notice of the petition
shall be served upon the State's Attorney or prosecutor charged
with the duty of prosecuting the offense, the Department of
State Police, and the arresting agency or agencies by the clerk

of the circuit court. If an objection is filed within 45 days
of the notice of the petition, the clerk of the circuit court
shall set a date for hearing after the 45 day objection period.
At the hearing the court shall hear evidence on whether the
expungement should or should not be granted. Unless the State's
Attorney or prosecutor, the Department of State Police, or an
arresting agency objects to the expungement within 45 days of
the notice, the court may enter an order granting expungement.
The person whose records are to be expunged shall pay the clerk
of the circuit court a fee equivalent to the cost associated
with expungement of records by the clerk and the Department of
State Police. The clerk shall forward a certified copy of the
order to the Department of State Police, the appropriate
portion of the fee to the Department of State Police for
processing, and deliver a certified copy of the order to the
arresting agency.
(3.1) The Notice of Expungement shall be in substantially
the following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS
.... JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)

NOTICE
TO: State's Attorney
TO: Arresting Agency
................
................
................
................
TO: Illinois State Police
.....................
.....................
ATTENTION: Expungement
You are hereby notified that on ....., at ....., in courtroom
..., located at ..., before the Honorable ..., Judge, or any
judge sitting in his/her stead, I shall then and there present
a Petition to Expunge Juvenile records in the above-entitled
matter, at which time and place you may appear.
......................
Petitioner's Signature
...........................
Petitioner's Street Address
.....................

City, State, Zip Code
.............................
Petitioner's Telephone Number
PROOF OF SERVICE
On the ....... day of ......, 20..., I on oath state that I
served this notice and true and correct copies of the
above-checked documents by:
(Check One:)
delivering copies personally to each entity to whom they are
directed;
or
by mailing copies to each entity to whom they are directed by
depositing the same in the U.S. Mail, proper postage fully
prepaid, before the hour of 5:00 p.m., at the United States
Postal Depository located at .................
.........................................
Signature
Clerk of the Circuit Court or Deputy Clerk
Printed Name of Delinquent Minor/Petitioner: ....
Address: ........................................
Telephone Number: ...............................
(3.2) The Order of Expungement shall be in substantially
the following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS
.... JUDICIAL CIRCUIT

IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)
DOB ................
Arresting Agency/Agencies ......
ORDER OF EXPUNGEMENT
(705 ILCS 405/5-915 (SUBSECTION 3))
This matter having been heard on the petitioner's motion and
the court being fully advised in the premises does find that
the petitioner is indigent or has presented reasonable cause to
waive all costs in this matter, IT IS HEREBY ORDERED that:
( ) 1. Clerk of Court and Department of State Police costs
are hereby waived in this matter.
( ) 2. The Illinois State Police Bureau of Identification
and the following law enforcement agencies expunge all records
of petitioner relating to an arrest dated ...... for the
offense of ......
Law Enforcement Agencies:
.........................
.........................
( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
Court expunge all records regarding the above-captioned case.

ENTER: ......................
JUDGE
DATED: .......
Name:
Attorney for:
Address: City/State/Zip:
Attorney Number:
(3.3) The Notice of Objection shall be in substantially the
following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS
....................... JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)
NOTICE OF OBJECTION
TO:(Attorney, Public Defender, Minor)
.................................
.................................
TO:(Illinois State Police)
.................................
.................................

TO:(Clerk of the Court)
.................................
.................................
TO:(Judge)
.................................
.................................
TO:(Arresting Agency/Agencies)
.................................
.................................
ATTENTION: You are hereby notified that an objection has been
filed by the following entity regarding the above-named minor's
petition for expungement of juvenile records:
( ) State's Attorney's Office;
( ) Prosecutor (other than State's Attorney's Office) charged
with the duty of prosecuting the offense sought to be expunged;
( ) Department of Illinois State Police; or
( ) Arresting Agency or Agencies.
The agency checked above respectfully requests that this case
be continued and set for hearing on whether the expungement
should or should not be granted.
DATED: .......
Name:
Attorney For:
Address:
City/State/Zip:
Telephone:

Attorney No.:
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
This matter has been set for hearing on the foregoing
objection, on ...... in room ...., located at ....., before the
Honorable ....., Judge, or any judge sitting in his/her stead.
(Only one hearing shall be set, regardless of the number of
Notices of Objection received on the same case).
A copy of this completed Notice of Objection containing the
court date, time, and location, has been sent via regular U.S.
Mail to the following entities. (If more than one Notice of
Objection is received on the same case, each one must be
completed with the court date, time and location and mailed to
the following entities):
( ) Attorney, Public Defender or Minor;
( ) State's Attorney's Office;
( ) Prosecutor (other than State's Attorney's Office) charged
with the duty of prosecuting the offense sought to be expunged;
( ) Department of Illinois State Police; and
( ) Arresting agency or agencies.
Date: ......
Initials of Clerk completing this section: .....
(4) Upon entry of an order expunging records or files, the
offense, which the records or files concern shall be treated as
if it never occurred. Law enforcement officers and other public
offices and agencies shall properly reply on inquiry that no
record or file exists with respect to the person.

(5) Records which have not been expunged are sealed, and
may be obtained only under the provisions of Sections 5-901,
5-905 and 5-915.
(6) Nothing in this Section shall be construed to prohibit
the maintenance of information relating to an offense after
records or files concerning the offense have been expunged if
the information is kept in a manner that does not enable
identification of the offender. This information may only be
used for statistical and bona fide research purposes.
(7)(a) The State Appellate Defender shall establish,
maintain, and carry out, by December 31, 2004, a juvenile
expungement program to provide information and assistance to
minors eligible to have their juvenile records expunged.
(b) The State Appellate Defender shall develop brochures,
pamphlets, and other materials in printed form and through the
agency's World Wide Web site. The pamphlets and other materials
shall include at a minimum the following information:
(i) An explanation of the State's juvenile expungement
process;
(ii) The circumstances under which juvenile
expungement may occur;
(iii) The juvenile offenses that may be expunged;
(iv) The steps necessary to initiate and complete the
juvenile expungement process; and
(v) Directions on how to contact the State Appellate
Defender.

(c) The State Appellate Defender shall establish and
maintain a statewide toll-free telephone number that a person
may use to receive information or assistance concerning the
expungement of juvenile records. The State Appellate Defender
shall advertise the toll-free telephone number statewide. The
State Appellate Defender shall develop an expungement
information packet that may be sent to eligible persons seeking
expungement of their juvenile records, which may include, but
is not limited to, a pre-printed expungement petition with
instructions on how to complete the petition and a pamphlet
containing information that would assist individuals through
the juvenile expungement process.
(d) The State Appellate Defender shall compile a statewide
list of volunteer attorneys willing to assist eligible
individuals through the juvenile expungement process.
(e) This Section shall be implemented from funds
appropriated by the General Assembly to the State Appellate
Defender for this purpose. The State Appellate Defender shall
employ the necessary staff and adopt the necessary rules for
implementation of this Section.
(8)(a) Except with respect to law enforcement agencies, the
Department of Corrections, State's Attorneys, or other
prosecutors, an expunged juvenile record may not be considered
by any private or public entity in employment matters,
certification, licensing, revocation of certification or
licensure, or registration. Applications for employment must

contain specific language that states that the applicant is not
obligated to disclose expunged juvenile records of conviction
or arrest. Employers may not ask if an applicant has had a
juvenile record expunged. Effective January 1, 2005, the
Department of Labor shall develop a link on the Department's
website to inform employers that employers may not ask if an
applicant had a juvenile record expunged and that application
for employment must contain specific language that states that
the applicant is not obligated to disclose expunged juvenile
records of arrest or conviction.
(b) A person whose juvenile records have been expunged is
not entitled to remission of any fines, costs, or other money
paid as a consequence of expungement. This amendatory Act of
the 93rd General Assembly does not affect the right of the
victim of a crime to prosecute or defend a civil action for
damages.
(c) The expungement of juvenile records under Section 5-622
shall be funded by the additional fine imposed under Section
5-9-1.17 of the Unified Code of Corrections and additional
appropriations made by the General Assembly for such purpose.
(9) The changes made to this Section by Public Act 98-61
this amendatory Act of the 98th General Assembly apply to law
enforcement records of a minor who has been arrested or taken
into custody on or after January 1, 2014 (the effective date of
Public Act 98-61) this amendatory Act.
(Source: P.A. 98-61, eff. 1-1-14; revised 3-27-14.)

Section 695. The Criminal Code of 2012 is amended by
changing Sections 2-10.1, 3-6, 10-9, 11-1.40, 11-9.1B, 11-14,
12-3.05, 12C-10, 19-4, 21-1.3, 31A-1.1, 33-1, and 33E-18 as
follows:
(720 ILCS 5/2-10.1) (from Ch. 38, par. 2-10.1)
Sec. 2-10.1. "Severely or profoundly intellectually
disabled person" means a person (i) whose intelligence quotient
does not exceed 40 or (ii) whose intelligence quotient does not
exceed 55 and who suffers from significant mental illness to
the extent that the person's ability to exercise rational
judgment is impaired. In any proceeding in which the defendant
is charged with committing a violation of Section 10-2, 10-5,
11-1.30, 11-1.60, 11-14.4, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 12-4.3, 12-14, or 12-16, or subdivision
(b)(1) of Section 12-3.05, of this Code against a victim who is
alleged to be a severely or profoundly intellectually disabled
person, any findings concerning the victim's status as a
severely or profoundly intellectually disabled person, made by
a court after a judicial admission hearing concerning the
victim under Articles V and VI of Chapter IV 4 of the Mental
Health and Developmental Disabilities Code shall be
admissible.
(Source: P.A. 96-1551, Article 1, Section 960, eff. 7-1-11;
96-1551, Article 2, Section 1035, eff. 7-1-11; 97-227, eff.

1-1-12; 97-1109, eff. 1-1-13; revised 9-11-13.)
(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 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.
(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. When the
victim is under 18 years of age, a prosecution for criminal
sexual abuse may be commenced within one year of the victim
attaining the age of 18 years. However, in no such case shall

the time period for prosecution expire sooner than 3 years
after the commission of the offense.
(e) Except as otherwise provided in subdivision (j), a
prosecution for any offense involving sexual conduct or sexual
penetration, as defined in Section 11-0.1 of this Code, where
the defendant was within a professional or fiduciary
relationship or a purported professional or fiduciary
relationship with the victim at the time of the commission of
the offense may be commenced within one year after the
discovery of the offense by the victim.
(f) A prosecution for any offense set forth in Section 44
of the "Environmental Protection Act", approved June 29, 1970,
as amended, may be commenced within 5 years after the discovery
of such an offense by a person or agency having the legal duty
to report the offense or in the absence of such discovery,
within 5 years after the proper prosecuting officer becomes
aware of the offense.
(f-5) A prosecution for any offense set forth in Section
16-30 of this Code may be commenced within 5 years after the
discovery of the offense by the victim of that offense.
(g) (Blank).
(h) (Blank).
(i) Except as otherwise provided in subdivision (j), a
prosecution for criminal sexual assault, aggravated criminal
sexual assault, or aggravated criminal sexual abuse may be
commenced within 10 years of the commission of the offense if

the victim reported the offense to law enforcement authorities
within 3 years after the commission of the offense.
Nothing in this subdivision (i) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
(j) (1) When the victim is under 18 years of age at the
time of the offense, a prosecution for criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, aggravated criminal sexual abuse, or felony
criminal sexual abuse may be commenced at any time when
corroborating physical evidence is available or an individual
who is required to report an alleged or suspected commission of
any of these offenses under the Abused and Neglected Child
Reporting Act fails to do so.
(2) 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 criminal
sexual assault, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, aggravated criminal sexual
abuse, or felony criminal sexual abuse, or a prosecution for
failure of a person who is required to report an alleged or
suspected commission of any of these offenses 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.
(k) A prosecution for theft involving real property
exceeding $100,000 in value under Section 16-1, identity theft
under subsection (a) of Section 16-30, aggravated identity
theft under subsection (b) of Section 16-30, or any offense set
forth in Article 16H or Section 17-10.6 may be commenced within
7 years of the last act committed in furtherance of the crime.
(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.
(Source: P.A. 97-597, eff. 1-1-12; 97-897, eff. 1-1-13; 98-293,
eff. 1-1-14; 98-379, eff. 1-1-14; revised 9-24-13.)
(720 ILCS 5/10-9)
Sec. 10-9. Trafficking in persons, involuntary servitude,
and related offenses.
(a) Definitions. In this Section:
(1) "Intimidation" has the meaning prescribed in
Section 12-6.
(2) "Commercial sexual activity" means any sex act on
account of which anything of value is given, promised to,
or received by any person.

(3) "Financial harm" includes intimidation that brings
about financial loss, criminal usury, or employment
contracts that violate the Frauds Act.
(4) (Blank). "
(5) "Labor" means work of economic or financial value.
(6) "Maintain" means, in relation to labor or services,
to secure continued performance thereof, regardless of any
initial agreement on the part of the victim to perform that
type of service.
(7) "Obtain" means, in relation to labor or services,
to secure performance thereof.
(7.5) "Serious harm" means any harm, whether physical
or nonphysical, including psychological, financial, or
reputational harm, that is sufficiently serious, under all
the surrounding circumstances, to compel a reasonable
person of the same background and in the same circumstances
to perform or to continue performing labor or services in
order to avoid incurring that harm.
(8) "Services" means activities resulting from a
relationship between a person and the actor in which the
person performs activities under the supervision of or for
the benefit of the actor. Commercial sexual activity and
sexually-explicit performances are forms of activities
that are "services" under this Section. Nothing in this
definition may be construed to legitimize or legalize
prostitution.

(9) "Sexually-explicit performance" means a live,
recorded, broadcast (including over the Internet), or
public act or show intended to arouse or satisfy the sexual
desires or appeal to the prurient interests of patrons.
(10) "Trafficking victim" means a person subjected to
the practices set forth in subsection (b), (c), or (d).
(b) Involuntary servitude. A person commits involuntary
servitude when he or she knowingly subjects, attempts to
subject, or engages in a conspiracy to subject another person
to labor or services obtained or maintained through any of the
following means, or any combination of these means:
(1) causes or threatens to cause physical harm to any
person;
(2) physically restrains or threatens to physically
restrain another person;
(3) abuses or threatens to abuse the law or legal
process;
(4) knowingly destroys, conceals, removes,
confiscates, or possesses any actual or purported passport
or other immigration document, or any other actual or
purported government identification document, of another
person;
(5) uses intimidation, or exerts financial control
over any person; or
(6) uses any scheme, plan, or pattern intended to cause
the person to believe that, if the person did not perform

the labor or services, that person or another person would
suffer serious harm or physical restraint.
Sentence. Except as otherwise provided in subsection (e) or
(f), a violation of subsection (b)(1) is a Class X felony,
(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
(c) Involuntary sexual servitude of a minor. A person
commits involuntary sexual servitude of a minor when he or she
knowingly recruits, entices, harbors, transports, provides, or
obtains by any means, or attempts to recruit, entice, harbor,
provide, or obtain by any means, another person under 18 years
of age, knowing that the minor will engage in commercial sexual
activity, a sexually-explicit performance, or the production
of pornography, or causes or attempts to cause a minor to
engage in one or more of those activities and:
(1) there is no overt force or threat and the minor is
between the ages of 17 and 18 years;
(2) there is no overt force or threat and the minor is
under the age of 17 years; or
(3) there is overt force or threat.
Sentence. Except as otherwise provided in subsection (e) or
(f), a violation of subsection (c)(1) is a Class 1 felony,
(c)(2) is a Class X felony, and (c)(3) is a Class X felony.
(d) Trafficking in persons. A person commits trafficking in
persons when he or she knowingly: (1) recruits, entices,
harbors, transports, provides, or obtains by any means, or

attempts to recruit, entice, harbor, transport, provide, or
obtain by any means, another person, intending or knowing that
the person will be subjected to involuntary servitude; or (2)
benefits, financially or by receiving anything of value, from
participation in a venture that has engaged in an act of
involuntary servitude or involuntary sexual servitude of a
minor.
Sentence. Except as otherwise provided in subsection (e) or
(f), a violation of this subsection is a Class 1 felony.
(e) Aggravating factors. A violation of this Section
involving kidnapping or an attempt to kidnap, aggravated
criminal sexual assault or an attempt to commit aggravated
criminal sexual assault, or an attempt to commit first degree
murder is a Class X felony.
(f) Sentencing considerations.
(1) Bodily injury. If, pursuant to a violation of this
Section, a victim suffered bodily injury, the defendant may
be sentenced to an extended-term sentence under Section
5-8-2 of the Unified Code of Corrections. The sentencing
court must take into account the time in which the victim
was held in servitude, with increased penalties for cases
in which the victim was held for between 180 days and one
year, and increased penalties for cases in which the victim
was held for more than one year.
(2) Number of victims. In determining sentences within
statutory maximums, the sentencing court should take into

account the number of victims, and may provide for
substantially increased sentences in cases involving more
than 10 victims.
(g) Restitution. Restitution is mandatory under this
Section. In addition to any other amount of loss identified,
the court shall order restitution including the greater of (1)
the gross income or value to the defendant of the victim's
labor or services or (2) the value of the victim's labor as
guaranteed under the Minimum Wage Law and overtime provisions
of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
whichever is greater.
(h) Trafficking victim services. Subject to the
availability of funds, the Department of Human Services may
provide or fund emergency services and assistance to
individuals who are victims of one or more offenses defined in
this Section.
(i) Certification. The Attorney General, a State's
Attorney, or any law enforcement official shall certify in
writing to the United States Department of Justice or other
federal agency, such as the United States Department of
Homeland Security, that an investigation or prosecution under
this Section has begun and the individual who is a likely
victim of a crime described in this Section is willing to
cooperate or is cooperating with the investigation to enable
the individual, if eligible under federal law, to qualify for
an appropriate special immigrant visa and to access available

federal benefits. Cooperation with law enforcement shall not be
required of victims of a crime described in this Section who
are under 18 years of age. This certification shall be made
available to the victim and his or her designated legal
representative.
(j) A person who commits involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in
persons under subsection (b), (c), or (d) of this Section is
subject to the property forfeiture provisions set forth in
Article 124B of the Code of Criminal Procedure of 1963.
(Source: P.A. 96-710, eff. 1-1-10; incorporates 96-712, eff.
1-1-10; 96-1000, eff. 7-2-10; 97-897, eff. 1-1-13; revised
11-12-13.)
(720 ILCS 5/11-1.40) (was 720 ILCS 5/12-14.1)
Sec. 11-1.40. Predatory criminal sexual assault of a child.
(a) A person commits predatory criminal sexual assault of a
child if that person commits an act of sexual penetration or an
act of contact, however slight, between the sex organ or anus
of one person and the part of the body of another, and the
accused is 17 years of age or older, and:
(1) the victim is under 13 years of age; or
(2) the victim is under 13 years of age and that
person:
(A) is armed with a firearm;
(B) personally discharges a firearm during the

commission of the offense;
(C) causes great bodily harm to the victim that:
(i) results in permanent disability; or
(ii) is life threatening; or
(D) delivers (by injection, inhalation, ingestion,
transfer of possession, or any other means) any
controlled substance to the victim without the
victim's consent or by threat or deception, for other
than medical purposes.
(b) Sentence.
(1) A person convicted of a violation of subsection
(a)(1) commits a Class X felony, for which the person shall
be sentenced to a term of imprisonment of not less than 6
years and not more than 60 years. A person convicted of a
violation of subsection (a)(2)(A) commits a Class X felony
for which 15 years shall be added to the term of
imprisonment imposed by the court. A person convicted of a
violation of subsection (a)(2)(B) commits a Class X felony
for which 20 years shall be added to the term of
imprisonment imposed by the court. A person convicted of a
violation of subsection (a)(2)(C) commits a Class X felony
for which the person shall be sentenced to a term of
imprisonment of not less than 50 years or up to a term of
natural life imprisonment.
(1.1) A person convicted of a violation of subsection
(a)(2)(D) commits a Class X felony for which the person

shall be sentenced to a term of imprisonment of not less
than 50 years and not more than 60 years.
(1.2) A person convicted of predatory criminal sexual
assault of a child committed against 2 or more persons
regardless of whether the offenses occurred as the result
of the same act or of several related or unrelated acts
shall be sentenced to a term of natural life imprisonment.
(2) A person who is convicted of a second or subsequent
offense of predatory criminal sexual assault of a child, or
who is convicted of the offense of predatory criminal
sexual assault of a child after having previously been
convicted of the offense of criminal sexual assault or the
offense of aggravated criminal sexual assault, or who is
convicted of the offense of predatory criminal sexual
assault of a child after having previously been convicted
under the laws of this State or any other state of an
offense that is substantially equivalent to the offense of
predatory criminal sexual assault of a child, the offense
of aggravated criminal sexual assault or the offense of
criminal sexual assault, shall be sentenced to a term of
natural life imprisonment. The commission of the second or
subsequent offense is required to have been after the
initial conviction for this paragraph (2) to apply.
(Source: P.A. 98-370, eff. 1-1-14; revised 11-12-13.)
(720 ILCS 5/11-9.1B)

Sec. 11-9.1B. Failure to report sexual abuse of a child.
(a) For the purposes of this Section:
"Child" means any person under the age of 13.
"Sexual abuse" means any contact, however slight, between
the sex organ or anus of the victim or the accused and an
object or body part, including, but not limited to, the sex
organ, mouth, or anus of the victim or the accused, or any
intrusion, however slight, of any part of the body of the
victim or the accused or of any animal or object into the sex
organ or anus of the victim or the accused, including, but not
limited to, cunnilingus, fellatio, or anal penetration.
Evidence of emission of semen is not required to prove sexual
abuse.
(b) A person over the age of 18 commits failure to report
sexual abuse of a child when he or she personally observes
sexual abuse, as defined by this Section, between a person who
he or she knows is over the age of 18 and a person he or she
knows is a child, and knowingly fails to report the sexual
abuse to law enforcement.
(c) This Section does not apply to a person who makes
timely and reasonable efforts to stop the sexual abuse by
reporting the sexual abuse in conformance with the Abused and
Neglected Child Reporting Act or by reporting the sexual abuse
or causing a report to be made, to medical or law enforcement
authorities or anyone who is a mandated reporter under Section
4 of the Abused and Neglected Child Reporting Act.

(d) A person may not be charged with the offense of failure
to report sexual abuse of a child under this Section until the
person who committed the offense is charged with criminal
sexual assault, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, criminal sexual abuse, or
aggravated criminal sexual abuse.
(e) It is an affirmative defense to a charge of failure to
report sexual abuse of a child under this Section that the
person who personally observed the sexual abuse had a
reasonable apprehension that timely action to stop the abuse
would result in the imminent infliction of death, great bodily
harm, permanent disfigurement, or permanent disability to that
person or another in retaliation for reporting.
(f) Sentence. A person who commits failure to report sexual
abuse of a child is guilty of a Class A misdemeanor for the
first violation and a Class 4 felony for a second or subsequent
violation.
(g) Nothing in this Section shall be construed to allow
prosecution of a person who personally observes the act of
sexual abuse and assists with an investigation and any
subsequent prosecution of the offender.
(Source: P.A. 98-370, eff. 1-1-14; revised 11-12-13.)
(720 ILCS 5/11-14) (from Ch. 38, par. 11-14)
Sec. 11-14. Prostitution.
(a) Any person who knowingly performs, offers or agrees to

perform any act of sexual penetration as defined in Section
11-0.1 of this Code for anything of value, or any touching or
fondling of the sex organs of one person by another person, for
anything of value, for the purpose of sexual arousal or
gratification commits an act of prostitution.
(b) Sentence. A violation of this Section is a Class A
misdemeanor.
(c) (Blank). or 5-6-3.4
(d) Notwithstanding the foregoing, if it is determined,
after a reasonable detention for investigative purposes, that a
person suspected of or charged with a violation of this Section
is a person under the age of 18, that person shall be immune
from prosecution for a prostitution offense under this Section,
and shall be subject to the temporary protective custody
provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of
1987. Pursuant to the provisions of Section 2-6 of the Juvenile
Court Act of 1987, a law enforcement officer who takes a person
under 18 years of age into custody under this Section shall
immediately report an allegation of a violation of Section 10-9
of this Code to the Illinois Department of Children and Family
Services State Central Register, which shall commence an
initial investigation into child abuse or child neglect within
24 hours pursuant to Section 7.4 of the Abused and Neglected
Child Reporting Act.
(Source: P.A. 97-1118, eff. 1-1-13; 98-164, eff. 1-1-14;
98-538, eff. 8-23-13; revised 9-24-13.)

(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
Sec. 12-3.05. Aggravated battery.
(a) Offense based on injury. A person commits aggravated
battery when, in committing a battery, other than by the
discharge of a firearm, he or she knowingly does any of the
following:
(1) Causes great bodily harm or permanent disability or
disfigurement.
(2) Causes severe and permanent disability, great
bodily harm, or disfigurement by means of a caustic or
flammable substance, a poisonous gas, a deadly biological
or chemical contaminant or agent, a radioactive substance,
or a bomb or explosive compound.
(3) Causes great bodily harm or permanent disability or
disfigurement to an individual whom the person knows to be
a peace officer, community policing volunteer, fireman,
private security officer, correctional institution
employee, or Department of Human Services employee
supervising or controlling sexually dangerous persons or
sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.

(4) Causes great bodily harm or permanent disability or
disfigurement to an individual 60 years of age or older.
(5) Strangles another individual.
(b) Offense based on injury to a child or intellectually
disabled person. A person who is at least 18 years of age
commits aggravated battery when, in committing a battery, he or
she knowingly and without legal justification by any means:
(1) causes great bodily harm or permanent disability or
disfigurement to any child under the age of 13 years, or to
any severely or profoundly intellectually disabled person;
or
(2) causes bodily harm or disability or disfigurement
to any child under the age of 13 years or to any severely
or profoundly intellectually disabled person.
(c) Offense based on location of conduct. A person commits
aggravated battery when, in committing a battery, other than by
the discharge of a firearm, he or she is or the person battered
is on or about a public way, public property, a public place of
accommodation or amusement, a sports venue, or a domestic
violence shelter.
(d) Offense based on status of victim. A person commits
aggravated battery when, in committing a battery, other than by
discharge of a firearm, he or she knows the individual battered
to be any of the following:
(1) A person 60 years of age or older.
(2) A person who is pregnant or physically handicapped.

(3) 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.
(4) A peace officer, community policing volunteer,
fireman, private security officer, correctional
institution employee, or Department of Human Services
employee supervising or controlling sexually dangerous
persons or sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(5) A judge, emergency management worker, emergency
medical technician, or utility worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(6) An officer or employee of the State of Illinois, a
unit of local government, or a school district, while
performing his or her official duties.
(7) A transit employee performing his or her official
duties, or a transit passenger.
(8) A taxi driver on duty.

(9) A merchant who detains the person for an alleged
commission of retail theft under Section 16-26 of this Code
and the person without legal justification by any means
causes bodily harm to the merchant.
(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.
(11) A nurse while in the performance of his or her
duties as a nurse.
(e) Offense based on use of a firearm. A person commits
aggravated battery when, in committing a battery, he or she
knowingly does any of the following:
(1) Discharges a firearm, other than a machine gun or a
firearm equipped with a silencer, and causes any injury to
another person.
(2) Discharges a firearm, other than a machine gun or a
firearm equipped with a silencer, and causes any injury to
a person he or she knows to be a peace officer, community
policing volunteer, person summoned by a police officer,
fireman, private security officer, correctional
institution employee, or emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or

(iii) battered in retaliation for performing his
or her official duties.
(3) Discharges a firearm, other than a machine gun or a
firearm equipped with a silencer, and causes any injury to
a person he or she knows to be an emergency medical
technician employed by a municipality or other
governmental unit:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(4) Discharges a firearm and causes any injury to a
person he or she knows to be a teacher, a student in a
school, or a school employee, and the teacher, student, or
employee is upon school grounds or grounds adjacent to a
school or in any part of a building used for school
purposes.
(5) Discharges a machine gun or a firearm equipped with
a silencer, and causes any injury to another person.
(6) Discharges a machine gun or a firearm equipped with
a silencer, and causes any injury to a person he or she
knows to be a peace officer, community policing volunteer,
person summoned by a police officer, fireman, private
security officer, correctional institution employee or
emergency management worker:

(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(7) Discharges a machine gun or a firearm equipped with
a silencer, and causes any injury to a person he or she
knows to be an emergency medical technician employed by a
municipality or other governmental unit:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(8) Discharges a machine gun or a firearm equipped with
a silencer, and causes any injury to a person he or she
knows to be a teacher, or a student in a school, or a
school employee, and the teacher, student, or employee is
upon school grounds or grounds adjacent to a school or in
any part of a building used for school purposes.
(f) Offense based on use of a weapon or device. A person
commits aggravated battery when, in committing a battery, he or
she does any of the following:
(1) Uses a deadly weapon other than by discharge of a
firearm, or uses an air rifle as defined in Section
24.8-0.1 of this Code the Air Rifle Act.

(2) Wears a hood, robe, or mask to conceal his or her
identity.
(3) Knowingly and without lawful justification shines
or flashes a laser gunsight or other laser device attached
to a firearm, or used in concert with a firearm, so that
the laser beam strikes upon or against the person of
another.
(4) Knowingly video or audio records the offense with
the intent to disseminate the recording.
(g) Offense based on certain conduct. A person commits
aggravated battery when, other than by discharge of a firearm,
he or she does any of the following:
(1) Violates Section 401 of the Illinois Controlled
Substances Act by unlawfully delivering a controlled
substance to another and any user experiences great bodily
harm or permanent disability as a result of the injection,
inhalation, or ingestion of any amount of the controlled
substance.
(2) Knowingly administers to an individual or causes
him or her to take, without his or her consent or by threat
or deception, and for other than medical purposes, any
intoxicating, poisonous, stupefying, narcotic, anesthetic,
or controlled substance, or gives to another person any
food containing any substance or object intended to cause
physical injury if eaten.
(3) Knowingly causes or attempts to cause a

correctional institution employee or Department of Human
Services employee to come into contact with blood, seminal
fluid, urine, or feces by throwing, tossing, or expelling
the fluid or material, and the person is an inmate of a
penal institution or is a sexually dangerous person or
sexually violent person in the custody of the Department of
Human Services.
(h) Sentence. Unless otherwise provided, aggravated
battery is a Class 3 felony.
Aggravated battery as defined in subdivision (a)(4),
(d)(4), or (g)(3) is a Class 2 felony.
Aggravated battery as defined in subdivision (a)(3) or
(g)(1) is a Class 1 felony.
Aggravated battery as defined in subdivision (a)(1) is a
Class 1 felony when the aggravated battery was intentional and
involved the infliction of torture, as defined in paragraph
(14) of subsection (b) of Section 9-1 of this Code, as the
infliction of or subjection to extreme physical pain, motivated
by an intent to increase or prolong the pain, suffering, or
agony of the victim.
Aggravated battery under subdivision (a)(5) is a Class 1
felony if:
(A) the person used or attempted to use a dangerous
instrument while committing the offense; or
(B) the person caused great bodily harm or permanent
disability or disfigurement to the other person while

committing the offense; or
(C) the person has been previously convicted of a
violation of subdivision (a)(5) under the laws of this
State or laws similar to subdivision (a)(5) of any other
state.
Aggravated battery as defined in subdivision (e)(1) is a
Class X felony.
Aggravated battery as defined in subdivision (a)(2) is a
Class X felony for which a person shall be sentenced to a term
of imprisonment of a minimum of 6 years and a maximum of 45
years.
Aggravated battery as defined in subdivision (e)(5) is a
Class X felony for which a person shall be sentenced to a term
of imprisonment of a minimum of 12 years and a maximum of 45
years.
Aggravated battery as defined in subdivision (e)(2),
(e)(3), or (e)(4) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 15 years
and a maximum of 60 years.
Aggravated battery as defined in subdivision (e)(6),
(e)(7), or (e)(8) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 20 years
and a maximum of 60 years.
Aggravated battery as defined in subdivision (b)(1) is a
Class X felony, except that:
(1) if the person committed the offense while armed

with a firearm, 15 years shall be added to the term of
imprisonment imposed by the court;
(2) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall be
added to the term of imprisonment imposed by the court;
(3) if, during the commission of the offense, the
person personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to another person, 25 years or up
to a term of natural life shall be added to the term of
imprisonment imposed by the court.
(i) Definitions. For the purposes of this Section:
"Building or other structure used to provide shelter" has
the meaning ascribed to "shelter" in Section 1 of the Domestic
Violence Shelters Act.
"Domestic violence" has the meaning ascribed to it in
Section 103 of the Illinois Domestic Violence Act of 1986.
"Domestic violence shelter" means any building or other
structure used to provide shelter or other services to victims
or to the dependent children of victims of domestic violence
pursuant to the Illinois Domestic Violence Act of 1986 or the
Domestic Violence Shelters Act, or any place within 500 feet of
such a building or other structure in the case of a person who
is going to or from such a building or other structure.
"Firearm" has the meaning provided under Section 1.1 of the
Firearm Owners Identification Card Act, and does not include an

air rifle as defined by Section 24.8-0.1 of this Code.
"Machine gun" has the meaning ascribed to it in Section
24-1 of this Code.
"Merchant" has the meaning ascribed to it in Section 16-0.1
of this Code.
"Strangle" means intentionally impeding the normal
breathing or circulation of the blood of an individual by
applying pressure on the throat or neck of that individual or
by blocking the nose or mouth of that individual.
(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-227, eff.
1-1-12, 97-313, eff. 1-1-12, and 97-467, eff. 1-1-12; 97-1109,
eff. 1-1-13; 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; revised
9-24-13.)
(720 ILCS 5/12C-10) (was 720 ILCS 5/12-21.5)
Sec. 12C-10. Child abandonment.
(a) A person commits child abandonment when he or she, as a
parent, guardian, or other person having physical custody or
control of a child, without regard for the mental or physical
health, safety, or welfare of that child, knowingly leaves that
child who is under the age of 13 without supervision by a
responsible person over the age of 14 for a period of 24 hours
or more. It is not a violation of this Section for a person to
relinquish a child in accordance with the Abandoned Newborn
Infant Protection Act.
(b) For the purposes of determining whether the child was

left without regard for the mental or physical health, safety,
or welfare of that child, the trier of fact shall consider the
following factors:
(1) the age of the child;
(2) the number of children left at the location;
(3) special needs of the child, including whether the
child is physically or mentally handicapped, or otherwise
in need of ongoing prescribed medical treatment such as
periodic doses of insulin or other medications;
(4) the duration of time in which the child was left
without supervision;
(5) the condition and location of the place where the
child was left without supervision;
(6) the time of day or night when the child was left
without supervision;
(7) the weather conditions, including whether the
child was left in a location with adequate protection from
the natural elements such as adequate heat or light;
(8) the location of the parent, guardian, or other
person having physical custody or control of the child at
the time the child was left without supervision, the
physical distance the child was from the parent, guardian,
or other person having physical custody or control of the
child at the time the child was without supervision;
(9) whether the child's movement was restricted, or the
child was otherwise locked within a room or other

structure;
(10) whether the child was given a phone number of a
person or location to call in the event of an emergency and
whether the child was capable of making an emergency call;
(11) whether there was food and other provision left
for the child;
(12) whether any of the conduct is attributable to
economic hardship or illness and the parent, guardian or
other person having physical custody or control of the
child made a good faith effort to provide for the health
and safety of the child;
(13) the age and physical and mental capabilities of
the person or persons who provided supervision for the
child;
(14) any other factor that would endanger the health or
safety of that particular child;
(15) whether the child was left under the supervision
of another person.
(c) (d) Child abandonment is a Class 4 felony. A second or
subsequent offense after a prior conviction is a Class 3
felony. A parent, who is found to be in violation of this
Section with respect to his or her child, may be sentenced to
probation for this offense pursuant to Section 12C-15.
(Source: P.A. 97-1109, eff. 1-1-13; revised 11-12-13.)
(720 ILCS 5/19-4) (from Ch. 38, par. 19-4)

Sec. 19-4. Criminal trespass to a residence.
(a) (1) A person commits criminal trespass to a residence
when, without authority, he or she knowingly enters or remains
within any residence, including a house trailer that is the
dwelling place of another.
(2) A person commits criminal trespass to a residence when,
without authority, he or she knowingly enters the residence of
another and knows or has reason to know that one or more
persons is present or he or she knowingly enters the residence
of another and remains in the residence after he or she knows
or has reason to know that one or more persons is present.
(a-5) (3) For purposes of this Section, in the case of a
multi-unit residential building or complex, "residence" shall
only include the portion of the building or complex which is
the actual dwelling place of any person and shall not include
such places as common recreational areas or lobbies.
(b) Sentence.
(1) Criminal trespass to a residence under paragraph
(1) of subsection (a) is a Class A misdemeanor.
(2) Criminal trespass to a residence under paragraph
(2) of subsection (a) is a Class 4 felony.
(Source: P.A. 97-1108, eff. 1-1-13; revised 11-12-13.)
(720 ILCS 5/21-1.3)
Sec. 21-1.3. Criminal defacement of property.
(a) A person commits criminal defacement of property when

the person knowingly damages the property of another by
defacing, deforming, or otherwise damaging the property by the
use of paint or any other similar substance, or by the use of a
writing instrument, etching tool, or any other similar device.
It is an affirmative defense to a violation of this Section
that the owner of the property damaged consented to such
damage.
(b) Sentence.
(1) Criminal defacement of property is a Class A
misdemeanor for a first offense when the aggregate value of the
damage to the property does not exceed $300. Criminal
defacement of property is a Class 4 felony when the aggregate
value of the damage to property does not exceed $300 and the
property damaged is a school building or place of worship or
property which memorializes or honors an individual or group of
police officers, fire fighters, members of the United States
Armed Forces or , National Guard, or veterans. Criminal
defacement of property is a Class 4 felony for a second or
subsequent conviction or when the aggregate value of the damage
to the property exceeds $300. Criminal defacement of property
is a Class 3 felony when the aggregate value of the damage to
property exceeds $300 and the property damaged is a school
building or place of worship or property which memorializes or
honors an individual or group of police officers, fire
fighters, members of the United States Armed Forces or ,
National Guard, or veterans.

(2) In addition to any other sentence that may be imposed
for a violation of this Section, a person convicted of criminal
defacement of property shall:
(A) pay the actual costs incurred by the property owner
or the unit of government to abate, remediate, repair, or
remove the effect of the damage to the property. To the
extent permitted by law, reimbursement for the costs of
abatement, remediation, repair, or removal shall be
payable to the person who incurred the costs; and
(B) if convicted of criminal defacement of property
that is chargeable as a Class 3 or Class 4 felony, pay a
mandatory minimum fine of $500.
(3) In addition to any other sentence that may be imposed,
a court shall order any person convicted of criminal defacement
of property 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 to
property that was caused by the offense, or similar damage to
property located in the municipality or county in which the
offense occurred. When the property damaged is a school
building, the community service may include cleanup, removal,
or painting over the defacement. In addition, whenever any
person is placed on supervision for an alleged offense under
this Section, the supervision shall be conditioned upon the
performance of the community service.

(4) For the purposes of this subsection (b), aggregate
value shall be determined by adding the value of the damage to
one or more properties if the offenses were committed as part
of a single course of conduct.
(Source: P.A. 97-1108, eff. 1-1-13; 98-315, eff. 1-1-14;
98-466, eff. 8-16-13; revised 9-24-13.)
(720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1)
Sec. 31A-1.1. Bringing Contraband into a Penal
Institution; Possessing Contraband in a Penal Institution.
(a) A person commits bringing contraband into a penal
institution when he or she knowingly and without authority of
any person designated or authorized to grant this authority (1)
brings an item of contraband into a penal institution or (2)
causes another to bring an item of contraband into a penal
institution or (3) places an item of contraband in such
proximity to a penal institution as to give an inmate access to
the contraband.
(b) A person commits possessing contraband in a penal
institution when he or she knowingly possesses contraband in a
penal institution, regardless of the intent with which he or
she possesses it.
(c) (Blank).
(d) Sentence.
(1) Bringing into or possessing alcoholic liquor in a
penal institution is a Class 4 felony.

(2) Bringing into or possessing cannabis in a penal
institution is a Class 3 felony.
(3) Bringing into or possessing any amount of a
controlled substance classified in Schedules III, IV or V
of Article II of the Illinois Controlled Substances
Substance Act in a penal institution is a Class 2 felony.
(4) Bringing into or possessing any amount of a
controlled substance classified in Schedules I or II of
Article II of the Illinois Controlled Substances Substance
Act in a penal institution is a Class 1 felony.
(5) Bringing into or possessing a hypodermic syringe in
a penal institution is a Class 1 felony.
(6) Bringing into or possessing a weapon, tool to
defeat security mechanisms, cutting tool, or electronic
contraband in a penal institution is a Class 1 felony.
(7) Bringing into or possessing a firearm, firearm
ammunition, or explosive in a penal institution is a Class
X felony.
(e) It shall be an affirmative defense to subsection (b),
that the possession was specifically authorized by rule,
regulation, or directive of the governing authority of the
penal institution or order issued under it.
(f) It shall be an affirmative defense to subsection (a)(1)
and subsection (b) that the person bringing into or possessing
contraband in a penal institution had been arrested, and that
person possessed the contraband at the time of his or her

arrest, and that the contraband was brought into or possessed
in the penal institution by that person as a direct and
immediate result of his or her arrest.
(g) Items confiscated may be retained for use by the
Department of Corrections or disposed of as deemed appropriate
by the Chief Administrative Officer in accordance with
Department rules or disposed of as required by law.
(Source: P.A. 96-1112, eff. 1-1-11; 97-1108, eff. 1-1-13;
revised 11-12-13.)
(720 ILCS 5/33-1) (from Ch. 38, par. 33-1)
Sec. 33-1. Bribery. A person commits bribery when:
(a) With intent to influence the performance of any act
related to the employment or function of any public
officer, public employee, juror or witness, he or she
promises or tenders to that person any property or personal
advantage which he or she is not authorized by law to
accept; or
(b) With intent to influence the performance of any act
related to the employment or function of any public
officer, public employee, juror or witness, he or she
promises or tenders to one whom he or she believes to be a
public officer, public employee, juror or witness, any
property or personal advantage which a public officer,
public employee, juror or witness would not be authorized
by law to accept; or

(c) With intent to cause any person to influence the
performance of any act related to the employment or
function of any public officer, public employee, juror or
witness, he or she promises or tenders to that person any
property or personal advantage which he or she is not
authorized by law to accept; or
(d) He or she receives, retains or agrees to accept any
property or personal advantage which he or she is not
authorized by law to accept knowing that the property or
personal advantage was promised or tendered with intent to
cause him or her to influence the performance of any act
related to the employment or function of any public
officer, public employee, juror or witness; or
(e) He or she solicits, receives, retains, or agrees to
accept any property or personal advantage pursuant to an
understanding that he or she shall improperly influence or
attempt to influence the performance of any act related to
the employment or function of any public officer, public
employee, juror or witness.
(f) As used in this Section, "tenders" means any delivery
or proffer made with the requisite intent.
(g) Sentence. Bribery is a Class 2 felony.
(Source: P.A. 97-1108, eff. 1-1-13; revised 11-12-13.)
(720 ILCS 5/33E-18)
Sec. 33E-18. Unlawful stringing of bids.

(a) A person commits unlawful stringing of bids when he or
she, with the intent to evade the bidding requirements of any
unit of local government or school district, knowingly strings
or assists in stringing, or attempts to string any contract or
job order with the unit of local government or school district.
(b) Sentence. Unlawful stringing of bids is a Class 4
felony.
(Source: P.A. 97-1108, eff. 1-1-13; revised 11-12-13.)
Section 700. The Cannabis Control Act is amended by
changing Section 15.1 as follows:
(720 ILCS 550/15.1) (from Ch. 56 1/2, par. 715.1)
Sec. 15.1. (a) If any cannabis derivative is designated or
rescheduled as a controlled substance under federal law and
notice thereof is given to the Department, the Department shall
similarly control the substance under the Illinois Controlled
Substances Act after the expiration of 30 days from publication
in the Federal Register of a final order designating a
substance as a controlled substance or rescheduling a substance
unless within that 30 day period the Department objects, or a
party adversely affected files with the Department substantial
written objections to inclusion or rescheduling. In that case,
the Department shall publish the reasons for objection or the
substantial written objections and afford all interested
parties an opportunity to be heard. At the conclusion of the

hearing, the Department shall publish its decision, by means of
a rule, which shall be final unless altered by statute. Upon
publication of objections by the Department, similar control
under the Illinois Controlled Substances Act whether by
inclusion or rescheduling is suspended until the Department
publishes its ruling.
(b) If any cannabis derivative is deleted as a controlled
substance under Federal law and notice thereof is given to the
Department, the Department shall similarly control the
substance under this Act after the expiration of 30 days from
publication in the Federal Register of a final order deleting a
substance as a controlled substance or rescheduling a substance
unless within that 30 day period the Department objects, or a
party adversely affected files with the Department substantial
written objections to inclusion or rescheduling. In that case,
the Department shall publish the reasons for objection or the
substantial written objections and afford all interested
parties an opportunity to be heard. At the conclusion of the
hearing, the Department shall publish its decision, by means of
a rule, which shall be final unless altered by statute. Upon
publication of objections by the Department, similar control
under this Act whether by inclusion or rescheduling is
suspended until the Department publishes its ruling.
(c) Cannabis derivatives are deemed to be regulated under
this Act until such time as those derivatives are scheduled as
provided for under the Illinois Controlled Substances Act.

Following such scheduling, those derivatives shall be excepted
from this Act and shall be regulated pursuant to the Illinois
Controlled Substances Act. At such time that any derivative is
deleted from schedules provided for under the Illinois
Controlled Substances Substance Act, that derivative shall be
regulated pursuant to this Act.
(Source: P.A. 84-1313; 84-1362; revised 11-12-13.)
Section 705. The Illinois Controlled Substances Act is
amended by changing Sections 102 and 201 as follows:
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
Sec. 102. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Addict" means any person who habitually uses any drug,
chemical, substance or dangerous drug other than alcohol so as
to endanger the public morals, health, safety or welfare or who
is so far addicted to the use of a dangerous drug or controlled
substance other than alcohol as to have lost the power of self
control with reference to his or her addiction.
(b) "Administer" means the direct application of a
controlled substance, whether by injection, inhalation,
ingestion, or any other means, to the body of a patient,
research subject, or animal (as defined by the Humane
Euthanasia in Animal Shelters Act) by:
(1) a practitioner (or, in his or her presence, by his

or her authorized agent),
(2) the patient or research subject pursuant to an
order, or
(3) a euthanasia technician as defined by the Humane
Euthanasia in Animal Shelters Act.
(c) "Agent" means an authorized person who acts on behalf
of or at the direction of a manufacturer, distributor,
dispenser, prescriber, or practitioner. It does not include a
common or contract carrier, public warehouseman or employee of
the carrier or warehouseman.
(c-1) "Anabolic Steroids" means any drug or hormonal
substance, chemically and pharmacologically related to
testosterone (other than estrogens, progestins,
corticosteroids, and dehydroepiandrosterone), and includes:
(i) 3[beta],17-dihydroxy-5a-androstane,
(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
(iii) 5[alpha]-androstan-3,17-dione,
(iv) 1-androstenediol (3[beta],
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
(v) 1-androstenediol (3[alpha],
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
(vi) 4-androstenediol
(3[beta],17[beta]-dihydroxy-androst-4-ene),
(vii) 5-androstenediol
(3[beta],17[beta]-dihydroxy-androst-5-ene),
(viii) 1-androstenedione

([5alpha]-androst-1-en-3,17-dione),
(ix) 4-androstenedione
(androst-4-en-3,17-dione),
(x) 5-androstenedione
(androst-5-en-3,17-dione),
(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
hydroxyandrost-4-en-3-one),
(xii) boldenone (17[beta]-hydroxyandrost-
1,4,-diene-3-one),
(xiii) boldione (androsta-1,4-
diene-3,17-dione),
(xiv) calusterone (7[beta],17[alpha]-dimethyl-17
[beta]-hydroxyandrost-4-en-3-one),
(xv) clostebol (4-chloro-17[beta]-
hydroxyandrost-4-en-3-one),
(xvi) dehydrochloromethyltestosterone (4-chloro-
17[beta]-hydroxy-17[alpha]-methyl-
androst-1,4-dien-3-one),
(xvii) desoxymethyltestosterone
(17[alpha]-methyl-5[alpha]
-androst-2-en-17[beta]-ol)(a.k.a., madol),
(xviii) [delta]1-dihydrotestosterone (a.k.a.
'1-testosterone') (17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one),
(xix) 4-dihydrotestosterone (17[beta]-hydroxy-
androstan-3-one),

(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
5[alpha]-androstan-3-one),
(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-ene),
(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
17[beta]-dihydroxyandrost-1,4-dien-3-one),
(xxiv) furazabol (17[alpha]-methyl-17[beta]-
hydroxyandrostano[2,3-c]-furazan),
(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one)
(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
androst-4-en-3-one),
(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
dihydroxy-estr-4-en-3-one),
(xxviii) mestanolone (17[alpha]-methyl-17[beta]-
hydroxy-5-androstan-3-one),
(xxix) mesterolone (1amethyl-17[beta]-hydroxy-
[5a]-androstan-3-one),
(xxx) methandienone (17[alpha]-methyl-17[beta]-
hydroxyandrost-1,4-dien-3-one),
(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-5-ene),
(xxxii) methenolone (1-methyl-17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one),
(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-

dihydroxy-5a-androstane),
(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
-5a-androstane),
(xxxv) 17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-4-ene),
(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9(10)-dien-3-one),
(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9-11-trien-3-one),
(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
hydroxyandrost-4-en-3-one),
(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
hydroxyestr-4-en-3-one),
(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
1-testosterone'),
(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
dihydroxyestr-4-ene),
(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-4-ene),
(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
dihydroxyestr-5-ene),

(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-5-ene),
(xlvii) 19-nor-4,9(10)-androstadienedione
(estra-4,9(10)-diene-3,17-dione),
(xlviii) 19-nor-4-androstenedione (estr-4-
en-3,17-dione),
(xlix) 19-nor-5-androstenedione (estr-5-
en-3,17-dione),
(l) norbolethone (13[beta], 17a-diethyl-17[beta]-
hydroxygon-4-en-3-one),
(li) norclostebol (4-chloro-17[beta]-
hydroxyestr-4-en-3-one),
(lii) norethandrolone (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-en-3-one),
(liii) normethandrolone (17[alpha]-methyl-17[beta]-
hydroxyestr-4-en-3-one),
(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
2-oxa-5[alpha]-androstan-3-one),
(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
dihydroxyandrost-4-en-3-one),
(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
17[beta]-hydroxy-(5[alpha]-androstan-3-one),
(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
(5[alpha]-androst-2-eno[3,2-c]-pyrazole),
(lviii) stenbolone (17[beta]-hydroxy-2-methyl-
(5[alpha]-androst-1-en-3-one),

(lix) testolactone (13-hydroxy-3-oxo-13,17-
secoandrosta-1,4-dien-17-oic
acid lactone),
(lx) testosterone (17[beta]-hydroxyandrost-
4-en-3-one),
(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
diethyl-17[beta]-hydroxygon-
4,9,11-trien-3-one),
(lxii) trenbolone (17[beta]-hydroxyestr-4,9,
11-trien-3-one).
Any person who is otherwise lawfully in possession of an
anabolic steroid, or who otherwise lawfully manufactures,
distributes, dispenses, delivers, or possesses with intent to
deliver an anabolic steroid, which anabolic steroid is
expressly intended for and lawfully allowed to be administered
through implants to livestock or other nonhuman species, and
which is approved by the Secretary of Health and Human Services
for such administration, and which the person intends to
administer or have administered through such implants, shall
not be considered to be in unauthorized possession or to
unlawfully manufacture, distribute, dispense, deliver, or
possess with intent to deliver such anabolic steroid for
purposes of this Act.
(d) "Administration" means the Drug Enforcement
Administration, United States Department of Justice, or its
successor agency.

(d-5) "Clinical Director, Prescription Monitoring Program"
means a Department of Human Services administrative employee
licensed to either prescribe or dispense controlled substances
who shall run the clinical aspects of the Department of Human
Services Prescription Monitoring Program and its Prescription
Information Library.
(d-10) "Compounding" means the preparation and mixing of
components, excluding flavorings, (1) as the result of a
prescriber's prescription drug order or initiative based on the
prescriber-patient-pharmacist relationship in the course of
professional practice or (2) for the purpose of, or incident
to, research, teaching, or chemical analysis and not for sale
or dispensing. "Compounding" includes the preparation of drugs
or devices in anticipation of receiving prescription drug
orders based on routine, regularly observed dispensing
patterns. Commercially available products may be compounded
for dispensing to individual patients only if both of the
following conditions are met: (i) the commercial product is not
reasonably available from normal distribution channels in a
timely manner to meet the patient's needs and (ii) the
prescribing practitioner has requested that the drug be
compounded.
(e) "Control" means to add a drug or other substance, or
immediate precursor, to a Schedule whether by transfer from
another Schedule or otherwise.
(f) "Controlled Substance" means (i) a drug, substance, or

immediate precursor in the Schedules of Article II of this Act
or (ii) a drug or other substance, or immediate precursor,
designated as a controlled substance by the Department through
administrative rule. The term does not include distilled
spirits, wine, malt beverages, or tobacco, as those terms are
defined or used in the Liquor Control Act of 1934 and the
Tobacco Products Tax Act of 1995.
(f-5) "Controlled substance analog" means a substance:
(1) the chemical structure of which is substantially
similar to the chemical structure of a controlled substance
in Schedule I or II;
(2) which has a stimulant, depressant, or
hallucinogenic effect on the central nervous system that is
substantially similar to or greater than the stimulant,
depressant, or hallucinogenic effect on the central
nervous system of a controlled substance in Schedule I or
II; or
(3) with respect to a particular person, which such
person represents or intends to have a stimulant,
depressant, or hallucinogenic effect on the central
nervous system that is substantially similar to or greater
than the stimulant, depressant, or hallucinogenic effect
on the central nervous system of a controlled substance in
Schedule I or II.
(g) "Counterfeit substance" means a controlled substance,
which, or the container or labeling of which, without

authorization bears the trademark, trade name, or other
identifying mark, imprint, number or device, or any likeness
thereof, of a manufacturer, distributor, or dispenser other
than the person who in fact manufactured, distributed, or
dispensed the substance.
(h) "Deliver" or "delivery" means the actual, constructive
or attempted transfer of possession of a controlled substance,
with or without consideration, whether or not there is an
agency relationship.
(i) "Department" means the Illinois Department of Human
Services (as successor to the Department of Alcoholism and
Substance Abuse) or its successor agency.
(j) (Blank).
(k) "Department of Corrections" means the Department of
Corrections of the State of Illinois or its successor agency.
(l) "Department of Financial and Professional Regulation"
means the Department of Financial and Professional Regulation
of the State of Illinois or its successor agency.
(m) "Depressant" means any drug that (i) causes an overall
depression of central nervous system functions, (ii) causes
impaired consciousness and awareness, and (iii) can be
habit-forming or lead to a substance abuse problem, including
but not limited to alcohol, cannabis and its active principles
and their analogs, benzodiazepines and their analogs,
barbiturates and their analogs, opioids (natural and
synthetic) and their analogs, and chloral hydrate and similar

sedative hypnotics.
(n) (Blank).
(o) "Director" means the Director of the Illinois State
Police or his or her designated agents.
(p) "Dispense" means to deliver a controlled substance to
an ultimate user or research subject by or pursuant to the
lawful order of a prescriber, including the prescribing,
administering, packaging, labeling, or compounding necessary
to prepare the substance for that delivery.
(q) "Dispenser" means a practitioner who dispenses.
(r) "Distribute" means to deliver, other than by
administering or dispensing, a controlled substance.
(s) "Distributor" means a person who distributes.
(t) "Drug" means (1) substances recognized as drugs in the
official United States Pharmacopoeia, Official Homeopathic
Pharmacopoeia of the United States, or official National
Formulary, or any supplement to any of them; (2) substances
intended for use in diagnosis, cure, mitigation, treatment, or
prevention of disease in man or animals; (3) substances (other
than food) intended to affect the structure of any function of
the body of man or animals and (4) substances intended for use
as a component of any article specified in clause (1), (2), or
(3) of this subsection. It does not include devices or their
components, parts, or accessories.
(t-5) "Euthanasia agency" means an entity certified by the
Department of Financial and Professional Regulation for the

purpose of animal euthanasia that holds an animal control
facility license or animal shelter license under the Animal
Welfare Act. A euthanasia agency is authorized to purchase,
store, possess, and utilize Schedule II nonnarcotic and
Schedule III nonnarcotic drugs for the sole purpose of animal
euthanasia.
(t-10) "Euthanasia drugs" means Schedule II or Schedule III
substances (nonnarcotic controlled substances) that are used
by a euthanasia agency for the purpose of animal euthanasia.
(u) "Good faith" means the prescribing or dispensing of a
controlled substance by a practitioner in the regular course of
professional treatment to or for any person who is under his or
her treatment for a pathology or condition other than that
individual's physical or psychological dependence upon or
addiction to a controlled substance, except as provided herein:
and application of the term to a pharmacist shall mean the
dispensing of a controlled substance pursuant to the
prescriber's order which in the professional judgment of the
pharmacist is lawful. The pharmacist shall be guided by
accepted professional standards including, but not limited to
the following, in making the judgment:
(1) lack of consistency of prescriber-patient
relationship,
(2) frequency of prescriptions for same drug by one
prescriber for large numbers of patients,
(3) quantities beyond those normally prescribed,

(4) unusual dosages (recognizing that there may be
clinical circumstances where more or less than the usual
dose may be used legitimately),
(5) unusual geographic distances between patient,
pharmacist and prescriber,
(6) consistent prescribing of habit-forming drugs.
(u-0.5) "Hallucinogen" means a drug that causes markedly
altered sensory perception leading to hallucinations of any
type.
(u-1) "Home infusion services" means services provided by a
pharmacy in compounding solutions for direct administration to
a patient in a private residence, long-term care facility, or
hospice setting by means of parenteral, intravenous,
intramuscular, subcutaneous, or intraspinal infusion.
(u-5) "Illinois State Police" means the State Police of the
State of Illinois, or its successor agency.
(v) "Immediate precursor" means a substance:
(1) which the Department has found to be and by rule
designated as being a principal compound used, or produced
primarily for use, in the manufacture of a controlled
substance;
(2) which is an immediate chemical intermediary used or
likely to be used in the manufacture of such controlled
substance; and
(3) the control of which is necessary to prevent,
curtail or limit the manufacture of such controlled

substance.
(w) "Instructional activities" means the acts of teaching,
educating or instructing by practitioners using controlled
substances within educational facilities approved by the State
Board of Education or its successor agency.
(x) "Local authorities" means a duly organized State,
County or Municipal peace unit or police force.
(y) "Look-alike substance" means a substance, other than a
controlled substance which (1) by overall dosage unit
appearance, including shape, color, size, markings or lack
thereof, taste, consistency, or any other identifying physical
characteristic of the substance, would lead a reasonable person
to believe that the substance is a controlled substance, or (2)
is expressly or impliedly represented to be a controlled
substance or is distributed under circumstances which would
lead a reasonable person to believe that the substance is a
controlled substance. For the purpose of determining whether
the representations made or the circumstances of the
distribution would lead a reasonable person to believe the
substance to be a controlled substance under this clause (2) of
subsection (y), the court or other authority may consider the
following factors in addition to any other factor that may be
relevant:
(a) statements made by the owner or person in control
of the substance concerning its nature, use or effect;
(b) statements made to the buyer or recipient that the

substance may be resold for profit;
(c) whether the substance is packaged in a manner
normally used for the illegal distribution of controlled
substances;
(d) whether the distribution or attempted distribution
included an exchange of or demand for money or other
property as consideration, and whether the amount of the
consideration was substantially greater than the
reasonable retail market value of the substance.
Clause (1) of this subsection (y) shall not apply to a
noncontrolled substance in its finished dosage form that was
initially introduced into commerce prior to the initial
introduction into commerce of a controlled substance in its
finished dosage form which it may substantially resemble.
Nothing in this subsection (y) prohibits the dispensing or
distributing of noncontrolled substances by persons authorized
to dispense and distribute controlled substances under this
Act, provided that such action would be deemed to be carried
out in good faith under subsection (u) if the substances
involved were controlled substances.
Nothing in this subsection (y) or in this Act prohibits the
manufacture, preparation, propagation, compounding,
processing, packaging, advertising or distribution of a drug or
drugs by any person registered pursuant to Section 510 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
(y-1) "Mail-order pharmacy" means a pharmacy that is

located in a state of the United States that delivers,
dispenses or distributes, through the United States Postal
Service or other common carrier, to Illinois residents, any
substance which requires a prescription.
(z) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of a
controlled substance other than methamphetamine, either
directly or indirectly, by extraction from substances of
natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis, and includes any packaging or repackaging of the
substance or labeling of its container, except that this term
does not include:
(1) by an ultimate user, the preparation or compounding
of a controlled substance for his or her own use; or
(2) by a practitioner, or his or her authorized agent
under his or her supervision, the preparation,
compounding, packaging, or labeling of a controlled
substance:
(a) as an incident to his or her administering or
dispensing of a controlled substance in the course of
his or her professional practice; or
(b) as an incident to lawful research, teaching or
chemical analysis and not for sale.
(z-1) (Blank).
(z-5) "Medication shopping" means the conduct prohibited

under subsection (a) of Section 314.5 of this Act.
(z-10) "Mid-level practitioner" means (i) a physician
assistant who has been delegated authority to prescribe through
a written delegation of authority by a physician licensed to
practice medicine in all of its branches, in accordance with
Section 7.5 of the Physician Assistant Practice Act of 1987,
(ii) an advanced practice nurse who has been delegated
authority to prescribe through a written delegation of
authority by a physician licensed to practice medicine in all
of its branches or by a podiatric physician, in accordance with
Section 65-40 of the Nurse Practice Act, or (iii) an animal
euthanasia agency.
(aa) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances
of vegetable origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis:
(1) opium, opiates, derivatives of opium and opiates,
including their isomers, esters, ethers, salts, and salts
of isomers, esters, and ethers, whenever the existence of
such isomers, esters, ethers, and salts is possible within
the specific chemical designation; however the term
"narcotic drug" does not include the isoquinoline
alkaloids of opium;
(2) (blank);
(3) opium poppy and poppy straw;

(4) coca leaves, except coca leaves and extracts of
coca leaves from which substantially all of the cocaine and
ecgonine, and their isomers, derivatives and salts, have
been removed;
(5) cocaine, its salts, optical and geometric isomers,
and salts of isomers;
(6) ecgonine, its derivatives, their salts, isomers,
and salts of isomers;
(7) any compound, mixture, or preparation which
contains any quantity of any of the substances referred to
in subparagraphs (1) through (6).
(bb) "Nurse" means a registered nurse licensed under the
Nurse Practice Act.
(cc) (Blank).
(dd) "Opiate" means any substance having an addiction
forming or addiction sustaining liability similar to morphine
or being capable of conversion into a drug having addiction
forming or addiction sustaining liability.
(ee) "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
(ee-5) "Oral dosage" means a tablet, capsule, elixir, or
solution or other liquid form of medication intended for
administration by mouth, but the term does not include a form
of medication intended for buccal, sublingual, or transmucosal
administration.
(ff) "Parole and Pardon Board" means the Parole and Pardon

Board of the State of Illinois or its successor agency.
(gg) "Person" means any individual, corporation,
mail-order pharmacy, government or governmental subdivision or
agency, business trust, estate, trust, partnership or
association, or any other entity.
(hh) "Pharmacist" means any person who holds a license or
certificate of registration as a registered pharmacist, a local
registered pharmacist or a registered assistant pharmacist
under the Pharmacy Practice Act.
(ii) "Pharmacy" means any store, ship or other place in
which pharmacy is authorized to be practiced under the Pharmacy
Practice Act.
(ii-5) "Pharmacy shopping" means the conduct prohibited
under subsection (b) of Section 314.5 of this Act.
(ii-10) "Physician" (except when the context otherwise
requires) means a person licensed to practice medicine in all
of its branches.
(jj) "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
(kk) "Practitioner" means a physician licensed to practice
medicine in all its branches, dentist, optometrist, podiatric
physician, veterinarian, scientific investigator, pharmacist,
physician assistant, advanced practice nurse, licensed
practical nurse, registered nurse, hospital, laboratory, or
pharmacy, or other person licensed, registered, or otherwise
lawfully permitted by the United States or this State to

distribute, dispense, conduct research with respect to,
administer or use in teaching or chemical analysis, a
controlled substance in the course of professional practice or
research.
(ll) "Pre-printed prescription" means a written
prescription upon which the designated drug has been indicated
prior to the time of issuance; the term does not mean a written
prescription that is individually generated by machine or
computer in the prescriber's office.
(mm) "Prescriber" means a physician licensed to practice
medicine in all its branches, dentist, optometrist, podiatric
physician or veterinarian who issues a prescription, a
physician assistant who issues a prescription for a controlled
substance in accordance with Section 303.05, a written
delegation, and a written supervision agreement required under
Section 7.5 of the Physician Assistant Practice Act of 1987, or
an advanced practice nurse with prescriptive authority
delegated under Section 65-40 of the Nurse Practice Act and in
accordance with Section 303.05, a written delegation, and a
written collaborative agreement under Section 65-35 of the
Nurse Practice Act.
(nn) "Prescription" means a written, facsimile, or oral
order, or an electronic order that complies with applicable
federal requirements, of a physician licensed to practice
medicine in all its branches, dentist, podiatric physician or
veterinarian for any controlled substance, of an optometrist

for a Schedule III, IV, or V controlled substance in accordance
with Section 15.1 of the Illinois Optometric Practice Act of
1987, of a physician assistant for a controlled substance in
accordance with Section 303.05, a written delegation, and a
written supervision agreement required under Section 7.5 of the
Physician Assistant Practice Act of 1987, or of an advanced
practice nurse with prescriptive authority delegated under
Section 65-40 of the Nurse Practice Act who issues a
prescription for a controlled substance in accordance with
Section 303.05, a written delegation, and a written
collaborative agreement under Section 65-35 of the Nurse
Practice Act when required by law.
(nn-5) "Prescription Information Library" (PIL) means an
electronic library that contains reported controlled substance
data.
(nn-10) "Prescription Monitoring Program" (PMP) means the
entity that collects, tracks, and stores reported data on
controlled substances and select drugs pursuant to Section 316.
(oo) "Production" or "produce" means manufacture,
planting, cultivating, growing, or harvesting of a controlled
substance other than methamphetamine.
(pp) "Registrant" means every person who is required to
register under Section 302 of this Act.
(qq) "Registry number" means the number assigned to each
person authorized to handle controlled substances under the
laws of the United States and of this State.

(qq-5) "Secretary" means, as the context requires, either
the Secretary of the Department or the Secretary of the
Department of Financial and Professional Regulation, and the
Secretary's designated agents.
(rr) "State" includes the State of Illinois and any state,
district, commonwealth, territory, insular possession thereof,
and any area subject to the legal authority of the United
States of America.
(rr-5) "Stimulant" means any drug that (i) causes an
overall excitation of central nervous system functions, (ii)
causes impaired consciousness and awareness, and (iii) can be
habit-forming or lead to a substance abuse problem, including
but not limited to amphetamines and their analogs,
methylphenidate and its analogs, cocaine, and phencyclidine
and its analogs.
(ss) "Ultimate user" means a person who lawfully possesses
a controlled substance for his or her own use or for the use of
a member of his or her household or for administering to an
animal owned by him or her or by a member of his or her
household.
(Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; revised
11-12-13.)
(720 ILCS 570/201) (from Ch. 56 1/2, par. 1201)
Sec. 201. (a) The Department shall carry out the provisions
of this Article. The Department or its successor agency may, by

administrative rule, add additional substances to or delete or
reschedule all controlled substances in the Schedules of
Sections 204, 206, 208, 210 and 212 of this Act. In making a
determination regarding the addition, deletion, or
rescheduling of a substance, the Department shall consider the
following:
(1) the actual or relative potential for abuse;
(2) the scientific evidence of its pharmacological
effect, if known;
(3) the state of current scientific knowledge
regarding the substance;
(4) the history and current pattern of abuse;
(5) the scope, duration, and significance of abuse;
(6) the risk to the public health;
(7) the potential of the substance to produce
psychological or physiological dependence;
(8) whether the substance is an immediate precursor of
a substance already controlled under this Article;
(9) the immediate harmful effect in terms of
potentially fatal dosage; and
(10) the long-range effects in terms of permanent
health impairment.
(b) (Blank).
(c) (Blank).
(d) If any substance is scheduled, rescheduled, or deleted
as a controlled substance under Federal law and notice thereof

is given to the Department, the Department shall similarly
control the substance under this Act after the expiration of 30
days from publication in the Federal Register of a final order
scheduling a substance as a controlled substance or
rescheduling or deleting a substance, unless within that 30 day
period the Department objects, or a party adversely affected
files with the Department substantial written objections
objecting to inclusion, rescheduling, or deletion. In that
case, the Department shall publish the reasons for objection or
the substantial written objections and afford all interested
parties an opportunity to be heard. At the conclusion of the
hearing, the Department shall publish its decision, by means of
a rule, which shall be final unless altered by statute. Upon
publication of objections by the Department, similar control
under this Act whether by inclusion, rescheduling or deletion
is stayed until the Department publishes its ruling.
(e) (Blank).
(f) (Blank).
(g) Authority to control under this Section does not extend
to distilled spirits, wine, malt beverages, or tobacco as those
terms are defined or used in the Liquor Control Act of 1934 and
the Tobacco Products Tax Act of 1995.
(h) Persons registered with the Drug Enforcement
Administration to manufacture or distribute controlled
substances shall maintain adequate security and provide
effective controls and procedures to guard against theft and

diversion, but shall not otherwise be required to meet the
physical security control requirements (such as cage or vault)
for Schedule V controlled substances containing
pseudoephedrine or Schedule II controlled substances
containing dextromethorphan.
(Source: P.A. 97-334, eff. 1-1-12; revised 11-12-13.)
Section 710. 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 re-open a closed
case to resume investigating, they shall provide notice of the
re-opening 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 information,
the return of an indictment by which a prosecution for any
violent crime is commenced, or the filing of a petition to
adjudicate a minor as a delinquent for a violent crime;
(2) shall provide notice of the date, time, and place
of trial;
(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 information whenever possible, of a
secure waiting area during court proceedings that does not
require victims to be in close proximity to defendant 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) in the case of the death of a person, which death
occurred in the same transaction or occurrence in which
acts occurred for which a defendant is charged with an
offense, shall notify the spouse, parent, child or sibling
of the decedent of the date of the trial of the person or
persons allegedly responsible for the death;
(9) shall inform the victim of the right to have
present at all court proceedings, subject to the rules of
evidence, an advocate or other support person of the
victim's choice, and 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 victim impact
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 an impact 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 hearing 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 information concerning the release of the
defendant under subparagraph (d)(1) of this Section;
(11) shall request restitution at sentencing and shall
consider restitution in any plea negotiation, as provided
by law; and
(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.
(c) At the written request of the crime victim, the office
of the State's Attorney shall:
(1) provide notice a reasonable time in advance of the
following court proceedings: preliminary hearing, any
hearing the effect of which may be the release of defendant
from custody, or to alter the conditions of bond and the
sentencing hearing. The crime victim shall also be notified
of the cancellation of the court proceeding in sufficient
time, wherever possible, to prevent an unnecessary
appearance in court;
(2) 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 for a
violent crime;
(3) explain in nontechnical language the details of any
plea or verdict of a defendant, or any adjudication of a
juvenile as a delinquent for a violent crime;
(4) where practical, 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 victim impact statement, if
prepared prior to entering into a plea agreement;
(5) 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;
(6) provide notice of any appeal taken by the defendant
and information on how to contact the appropriate agency
handling the appeal;
(7) provide 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 in advance;
(8) forward a copy of any statement presented under
Section 6 to the Prisoner Review Board to be considered by
the Board in making its determination under subsection (b)
of Section 3-3-8 of the Unified Code of Corrections.
(d)(1) The Prisoner Review Board shall inform a victim or
any other concerned citizen, upon written request, of the
prisoner's 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 violent 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 shall receive reasonable written notice not less than
30 days prior to the parole or aftercare release hearing and
may submit, in writing, on film, videotape or other electronic
means or in the form of a recording or in person at the parole
or aftercare release hearing or if a victim of a violent crime,
by calling the toll-free number established in subsection (f)
of this Section, information for consideration by the Prisoner
Review Board. 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 or aftercare release 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.

(5) If a statement is presented under Section 6, the
Prisoner Review Board shall inform the victim of any order of
discharge entered by the Board pursuant to Section 3-3-8 of the
Unified Code of Corrections.
(6) At the written 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 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 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) To permit a victim of a violent crime to provide
information to the Prisoner Review Board for consideration by
the Board at a parole or aftercare release hearing of a person
who committed the crime against the victim in accordance with
clause (d)(4) of this Section or at a proceeding 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, the Board shall establish
a toll-free number that may be accessed by the victim of a
violent crime to present that information to the Board.

(Source: P.A. 97-457, eff. 1-1-12; 97-572, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-815, eff. 1-1-13; 98-372, eff. 1-1-14; 98-558,
eff. 1-1-14; revised 9-24-13.)
Section 715. The Sexually Violent Persons Commitment Act is
amended by changing Section 30 as follows:
(725 ILCS 207/30)
Sec. 30. Detention; probable cause hearing; transfer for
examination.
(a) Upon the filing of a petition under Section 15 of this
Act, the court shall review the petition to determine whether
to issue an order for detention of the person who is the
subject of the petition. The person shall be detained only if
there is cause to believe that the person is eligible for
commitment under subsection (f) of Section 35 of this Act. A
person detained under this Section shall be held in a facility
approved by the Department. The Department may elect to place
persons who have been ordered by the court to be detained in a
State-operated mental health facility or a portion of that
facility. Persons placed in a State-operated mental health
facility under this Act shall be separated and shall not
comingle with the recipients of the mental health facility. The
portion of a State-operated mental health facility that is used
for the persons detained under this Act shall not be a part of
the mental health facility for the enforcement and

implementation of the Mental Health and Developmental
Disabilities Code nor shall their care and treatment be subject
to the provisions of the Mental Health and Developmental
Disabilities Code. The changes added to this Section by Public
Act 98-79 this amendatory Act of the 98th General Assembly are
inoperative on and after June 30, 2015. If the person is
serving a sentence of imprisonment, is in a Department of
Corrections correctional facility or juvenile correctional
facility or is committed to institutional care, and the court
orders detention under this Section, the court shall order that
the person be transferred to a detention facility approved by
the Department. A detention order under this Section remains in
effect until the person is discharged after a trial under
Section 35 of this Act or until the effective date of a
commitment order under Section 40 of this Act, whichever is
applicable.
(b) Whenever a petition is filed under Section 15 of this
Act, the court shall hold a hearing to determine whether there
is probable cause to believe that the person named in the
petition is a sexually violent person. If the person named in
the petition is in custody, the court shall hold the probable
cause hearing within 72 hours after the petition is filed,
excluding Saturdays, Sundays and legal holidays. The court may
grant a continuance of the probable cause hearing for no more
than 7 additional days upon the motion of the respondent, for
good cause. If the person named in the petition has been

released, is on parole, is on aftercare release, is on
mandatory supervised release, or otherwise is not in custody,
the court shall hold the probable cause hearing within a
reasonable time after the filing of the petition. At the
probable cause hearing, the court shall admit and consider all
relevant hearsay evidence.
(c) If the court determines after a hearing that there is
probable cause to believe that the person named in the petition
is a sexually violent person, the court shall order that the
person be taken into custody if he or she is not in custody and
shall order the person to be transferred within a reasonable
time to an appropriate facility for an evaluation as to whether
the person is a sexually violent person. If the person who is
named in the petition refuses to speak to, communicate with, or
otherwise fails to cooperate with the examining evaluator from
the Department of Human Services or the Department of
Corrections, that person may only introduce evidence and
testimony from any expert or professional person who is
retained or court-appointed to conduct an examination of the
person that results from a review of the records and may not
introduce evidence resulting from an examination of the person.
Notwithstanding the provisions of Section 10 of the Mental
Health and Developmental Disabilities Confidentiality Act, all
evaluations conducted pursuant to this Act and all Illinois
Department of Corrections treatment records shall be
admissible at all proceedings held pursuant to this Act,

including the probable cause hearing and the trial.
If the court determines that probable cause does not exist
to believe that the person is a sexually violent person, the
court shall dismiss the petition.
(d) The Department shall promulgate rules that provide the
qualifications for persons conducting evaluations under
subsection (c) of this Section.
(e) If the person named in the petition claims or appears
to be indigent, the court shall, prior to the probable cause
hearing under subsection (b) of this Section, appoint counsel.
(Source: P.A. 98-79, eff. 7-15-13; 98-558, eff. 1-1-14; revised
9-24-13.)
Section 720. The Unified Code of Corrections is amended by
changing Sections 3-2-2, 3-2.5-20, 3-3-2, 3-5-1, 5-5-3,
5-5-3.2, 5-5-5, and 5-8A-3 as follows:
(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
Sec. 3-2-2. Powers and Duties of the Department.
(1) In addition to the powers, duties and responsibilities
which are otherwise provided by law, the Department shall have
the following powers:
(a) To accept persons committed to it by the courts of
this State for care, custody, treatment and
rehabilitation, and to accept federal prisoners and aliens
over whom the Office of the Federal Detention Trustee is

authorized to exercise the federal detention function for
limited purposes and periods of time.
(b) To develop and maintain reception and evaluation
units for purposes of analyzing the custody and
rehabilitation needs of persons committed to it and to
assign such persons to institutions and programs under its
control or transfer them to other appropriate agencies. In
consultation with the Department of Alcoholism and
Substance Abuse (now the Department of Human Services), the
Department of Corrections shall develop a master plan for
the screening and evaluation of persons committed to its
custody who have alcohol or drug abuse problems, and for
making appropriate treatment available to such persons;
the Department shall report to the General Assembly on such
plan not later than April 1, 1987. The maintenance and
implementation of such plan shall be contingent upon the
availability of funds.
(b-1) To create and implement, on January 1, 2002, a
pilot program to establish the effectiveness of
pupillometer technology (the measurement of the pupil's
reaction to light) as an alternative to a urine test for
purposes of screening and evaluating persons committed to
its custody who have alcohol or drug problems. The pilot
program shall require the pupillometer technology to be
used in at least one Department of Corrections facility.
The Director may expand the pilot program to include an

additional facility or facilities as he or she deems
appropriate. A minimum of 4,000 tests shall be included in
the pilot program. The Department must report to the
General Assembly on the effectiveness of the program by
January 1, 2003.
(b-5) To develop, in consultation with the Department
of State Police, a program for tracking and evaluating each
inmate from commitment through release for recording his or
her gang affiliations, activities, or ranks.
(c) To maintain and administer all State correctional
institutions and facilities under its control and to
establish new ones as needed. Pursuant to its power to
establish new institutions and facilities, the Department
may, with the written approval of the Governor, authorize
the Department of Central Management Services to enter into
an agreement of the type described in subsection (d) of
Section 405-300 of the Department of Central Management
Services Law (20 ILCS 405/405-300). The Department shall
designate those institutions which shall constitute the
State Penitentiary System.
Pursuant to its power to establish new institutions and
facilities, the Department may authorize the Department of
Central Management Services to accept bids from counties
and municipalities for the construction, remodeling or
conversion of a structure to be leased to the Department of
Corrections for the purposes of its serving as a

correctional institution or facility. Such construction,
remodeling or conversion may be financed with revenue bonds
issued pursuant to the Industrial Building Revenue Bond Act
by the municipality or county. The lease specified in a bid
shall be for a term of not less than the time needed to
retire any revenue bonds used to finance the project, but
not to exceed 40 years. The lease may grant to the State
the option to purchase the structure outright.
Upon receipt of the bids, the Department may certify
one or more of the bids and shall submit any such bids to
the General Assembly for approval. Upon approval of a bid
by a constitutional majority of both houses of the General
Assembly, pursuant to joint resolution, the Department of
Central Management Services may enter into an agreement
with the county or municipality pursuant to such bid.
(c-5) To build and maintain regional juvenile
detention centers and to charge a per diem to the counties
as established by the Department to defray the costs of
housing each minor in a center. In this subsection (c-5),
"juvenile detention center" means a facility to house
minors during pendency of trial who have been transferred
from proceedings under the Juvenile Court Act of 1987 to
prosecutions under the criminal laws of this State in
accordance with Section 5-805 of the Juvenile Court Act of
1987, whether the transfer was by operation of law or
permissive under that Section. The Department shall

designate the counties to be served by each regional
juvenile detention center.
(d) To develop and maintain programs of control,
rehabilitation and employment of committed persons within
its institutions.
(d-5) To provide a pre-release job preparation program
for inmates at Illinois adult correctional centers.
(e) To establish a system of supervision and guidance
of committed persons in the community.
(f) To establish in cooperation with the Department of
Transportation to supply a sufficient number of prisoners
for use by the Department of Transportation to clean up the
trash and garbage along State, county, township, or
municipal highways as designated by the Department of
Transportation. The Department of Corrections, at the
request of the Department of Transportation, shall furnish
such prisoners at least annually for a period to be agreed
upon between the Director of Corrections and the Director
of Transportation. The prisoners used on this program shall
be selected by the Director of Corrections on whatever
basis he deems proper in consideration of their term,
behavior and earned eligibility to participate in such
program - where they will be outside of the prison facility
but still in the custody of the Department of Corrections.
Prisoners convicted of first degree murder, or a Class X
felony, or armed violence, or aggravated kidnapping, or

criminal sexual assault, aggravated criminal sexual abuse
or a subsequent conviction for criminal sexual abuse, or
forcible detention, or arson, or a prisoner adjudged a
Habitual Criminal shall not be eligible for selection to
participate in such program. The prisoners shall remain as
prisoners in the custody of the Department of Corrections
and such Department shall furnish whatever security is
necessary. The Department of Transportation shall furnish
trucks and equipment for the highway cleanup program and
personnel to supervise and direct the program. Neither the
Department of Corrections nor the Department of
Transportation shall replace any regular employee with a
prisoner.
(g) To maintain records of persons committed to it and
to establish programs of research, statistics and
planning.
(h) To investigate the grievances of any person
committed to the Department, to inquire into any alleged
misconduct by employees or committed persons, and to
investigate the assets of committed persons to implement
Section 3-7-6 of this Code; and for these purposes it may
issue subpoenas and compel the attendance of witnesses and
the production of writings and papers, and may examine
under oath any witnesses who may appear before it; to also
investigate alleged violations of a parolee's or
releasee's conditions of parole or release; and for this

purpose it may issue subpoenas and compel the attendance of
witnesses and the production of documents only if there is
reason to believe that such procedures would provide
evidence that such violations have occurred.
If any person fails to obey a subpoena issued under
this subsection, the Director may apply to any circuit
court to secure compliance with the subpoena. The failure
to comply with the order of the court issued in response
thereto shall be punishable as contempt of court.
(i) To appoint and remove the chief administrative
officers, and administer programs of training and
development of personnel of the Department. Personnel
assigned by the Department to be responsible for the
custody and control of committed persons or to investigate
the alleged misconduct of committed persons or employees or
alleged violations of a parolee's or releasee's conditions
of parole shall be conservators of the peace for those
purposes, and shall have the full power of peace officers
outside of the facilities of the Department in the
protection, arrest, retaking and reconfining of committed
persons or where the exercise of such power is necessary to
the investigation of such misconduct or violations. This
subsection shall not apply to persons committed to the
Department of Juvenile Justice under the Juvenile Court Act
of 1987 on aftercare release.
(j) To cooperate with other departments and agencies

and with local communities for the development of standards
and programs for better correctional services in this
State.
(k) To administer all moneys and properties of the
Department.
(l) To report annually to the Governor on the committed
persons, institutions and programs of the Department.
(l-5) (Blank).
(m) To make all rules and regulations and exercise all
powers and duties vested by law in the Department.
(n) To establish rules and regulations for
administering a system of sentence credits, established in
accordance with Section 3-6-3, subject to review by the
Prisoner Review Board.
(o) To administer the distribution of funds from the
State Treasury to reimburse counties where State penal
institutions are located for the payment of assistant
state's attorneys' salaries under Section 4-2001 of the
Counties Code.
(p) To exchange information with the Department of
Human Services and the Department of Healthcare and Family
Services for the purpose of verifying living arrangements
and for other purposes directly connected with the
administration of this Code and the Illinois Public Aid
Code.
(q) To establish a diversion program.

The program shall provide a structured environment for
selected technical parole or mandatory supervised release
violators and committed persons who have violated the rules
governing their conduct while in work release. This program
shall not apply to those persons who have committed a new
offense while serving on parole or mandatory supervised
release or while committed to work release.
Elements of the program shall include, but shall not be
limited to, the following:
(1) The staff of a diversion facility shall provide
supervision in accordance with required objectives set
by the facility.
(2) Participants shall be required to maintain
employment.
(3) Each participant shall pay for room and board
at the facility on a sliding-scale basis according to
the participant's income.
(4) Each participant shall:
(A) provide restitution to victims in
accordance with any court order;
(B) provide financial support to his
dependents; and
(C) make appropriate payments toward any other
court-ordered obligations.
(5) Each participant shall complete community
service in addition to employment.

(6) Participants shall take part in such
counseling, educational and other programs as the
Department may deem appropriate.
(7) Participants shall submit to drug and alcohol
screening.
(8) The Department shall promulgate rules
governing the administration of the program.
(r) To enter into intergovernmental cooperation
agreements under which persons in the custody of the
Department may participate in a county impact
incarceration program established under Section 3-6038 or
3-15003.5 of the Counties Code.
(r-5) (Blank).
(r-10) To systematically and routinely identify with
respect to each streetgang active within the correctional
system: (1) each active gang; (2) every existing inter-gang
affiliation or alliance; and (3) the current leaders in
each gang. The Department shall promptly segregate leaders
from inmates who belong to their gangs and allied gangs.
"Segregate" means no physical contact and, to the extent
possible under the conditions and space available at the
correctional facility, prohibition of visual and sound
communication. For the purposes of this paragraph (r-10),
"leaders" means persons who:
(i) are members of a criminal streetgang;
(ii) with respect to other individuals within the

streetgang, occupy a position of organizer,
supervisor, or other position of management or
leadership; and
(iii) are actively and personally engaged in
directing, ordering, authorizing, or requesting
commission of criminal acts by others, which are
punishable as a felony, in furtherance of streetgang
related activity both within and outside of the
Department of Corrections.
"Streetgang", "gang", and "streetgang related" have the
meanings ascribed to them in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(s) To operate a super-maximum security institution,
in order to manage and supervise inmates who are disruptive
or dangerous and provide for the safety and security of the
staff and the other inmates.
(t) To monitor any unprivileged conversation or any
unprivileged communication, whether in person or by mail,
telephone, or other means, between an inmate who, before
commitment to the Department, was a member of an organized
gang and any other person without the need to show cause or
satisfy any other requirement of law before beginning the
monitoring, except as constitutionally required. The
monitoring may be by video, voice, or other method of
recording or by any other means. As used in this
subdivision (1)(t), "organized gang" has the meaning

ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
As used in this subdivision (1)(t), "unprivileged
conversation" or "unprivileged communication" means a
conversation or communication that is not protected by any
privilege recognized by law or by decision, rule, or order
of the Illinois Supreme Court.
(u) To establish a Women's and Children's Pre-release
Community Supervision Program for the purpose of providing
housing and services to eligible female inmates, as
determined by the Department, and their newborn and young
children.
(u-5) To issue an order, whenever a person committed to
the Department absconds or absents himself or herself,
without authority to do so, from any facility or program to
which he or she is assigned. The order shall be certified
by the Director, the Supervisor of the Apprehension Unit,
or any person duly designated by the Director, with the
seal of the Department affixed. The order shall be directed
to all sheriffs, coroners, and police officers, or to any
particular person named in the order. Any order issued
pursuant to this subdivision (1) (u-5) shall be sufficient
warrant for the officer or person named in the order to
arrest and deliver the committed person to the proper
correctional officials and shall be executed the same as
criminal process.

(v) To do all other acts necessary to carry out the
provisions of this Chapter.
(2) The Department of Corrections shall by January 1, 1998,
consider building and operating a correctional facility within
100 miles of a county of over 2,000,000 inhabitants, especially
a facility designed to house juvenile participants in the
impact incarceration program.
(3) When the Department lets bids for contracts for medical
services to be provided to persons committed to Department
facilities by a health maintenance organization, medical
service corporation, or other health care provider, the bid may
only be let to a health care provider that has obtained an
irrevocable letter of credit or performance bond issued by a
company whose bonds have an investment grade or higher rating
by a bond rating organization.
(4) When the Department lets bids for contracts for food or
commissary services to be provided to Department facilities,
the bid may only be let to a food or commissary services
provider that has obtained an irrevocable letter of credit or
performance bond issued by a company whose bonds have an
investment grade or higher rating by a bond rating
organization.
(5) On and after the date 6 months after August 16, 2013
(the effective date of Public Act 98-488) this amendatory Act
of the 98th General Assembly, 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. 97-697, eff. 6-22-12; 97-800, eff. 7-13-12;
97-802, eff. 7-13-12; 98-463, eff. 8-16-13; 98-488, eff.
8-16-13; 98-558, eff. 1-1-14; revised 9-24-13.)
(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 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 3-3-10 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 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.
(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.
(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) this amendatory Act
of the 98th General Assembly, 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. 98-488, eff. 8-16-13; 98-558, eff. 1-1-14;
revised 9-24-13.)
(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 the effective date of 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 the effective
date of 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 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 the effective date of 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, the time of aftercare
release, the conditions of aftercare release and the time
of discharge from aftercare release, impose sanctions for
violations of aftercare release, and revoke aftercare
release for those adjudicated delinquent 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 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 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 the
effective date of 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;
(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 the
effective date of 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, aftercare release, 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. mails addressed to
the person at his 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. 97-697, eff. 6-22-12; 97-1120, eff. 1-1-13;
97-1150, eff. 1-25-13; 98-399, eff. 8-16-13; 98-558, eff.
1-1-14; revised 8-28-13.)
(730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
(Text of Section before amendment by P.A. 98-528)
Sec. 3-5-1. Master Record File.
(a) The Department of Corrections and the Department of
Juvenile Justice shall maintain a master record file on each
person committed to it, which shall contain the following
information:
(1) all information from the committing court;
(2) reception summary;

(3) evaluation and assignment reports and
recommendations;
(4) reports as to program assignment and progress;
(5) reports of disciplinary infractions and
disposition, including tickets and Administrative Review
Board action;
(6) any parole or aftercare release plan;
(7) any parole or aftercare release reports;
(8) the date and circumstances of final discharge;
(9) criminal history;
(10) current and past gang affiliations and ranks;
(11) information regarding associations and family
relationships;
(12) any grievances filed and responses to those
grievances; and
(13) other information that the respective Department
determines is relevant to the secure confinement and
rehabilitation of the committed person.
(b) All files shall be confidential and access shall be
limited to authorized personnel of the respective Department.
Personnel of other correctional, welfare or law enforcement
agencies may have access to files under rules and regulations
of the respective Department. The respective Department shall
keep a record of all outside personnel who have access to
files, the files reviewed, any file material copied, and the
purpose of access. If the respective Department or the Prisoner

Review Board makes a determination under this Code which
affects the length of the period of confinement or commitment,
the committed person and his counsel shall be advised of
factual information relied upon by the respective Department or
Board to make the determination, provided that the Department
or Board shall not be required to advise a person committed to
the Department of Juvenile Justice any such information which
in the opinion of the Department of Juvenile Justice or Board
would be detrimental to his treatment or rehabilitation.
(c) The master file shall be maintained at a place
convenient to its use by personnel of the respective Department
in charge of the person. When custody of a person is
transferred from the Department to another department or
agency, a summary of the file shall be forwarded to the
receiving agency with such other information required by law or
requested by the agency under rules and regulations of the
respective Department.
(d) The master file of a person no longer in the custody of
the respective Department shall be placed on inactive status
and its use shall be restricted subject to rules and
regulations of the Department.
(e) All public agencies may make available to the
respective Department on request any factual data not otherwise
privileged as a matter of law in their possession in respect to
individuals committed to the respective Department.
(Source: P.A. 97-696, eff. 6-22-12; 98-558, eff. 1-1-14.)

(Text of Section after amendment by P.A. 98-528)
Sec. 3-5-1. Master Record File.
(a) The Department of Corrections and the Department of
Juvenile Justice shall maintain a master record file on each
person committed to it, which shall contain the following
information:
(1) all information from the committing court;
(1.5) ethnic and racial background data collected in
accordance with Section 4.5 of the Criminal Identification
Act;
(2) reception summary;
(3) evaluation and assignment reports and
recommendations;
(4) reports as to program assignment and progress;
(5) reports of disciplinary infractions and
disposition, including tickets and Administrative Review
Board action;
(6) any parole or aftercare release plan;
(7) any parole or aftercare release reports;
(8) the date and circumstances of final discharge;
(9) criminal history;
(10) current and past gang affiliations and ranks;
(11) information regarding associations and family
relationships;
(12) any grievances filed and responses to those

grievances; and
(13) other information that the respective Department
determines is relevant to the secure confinement and
rehabilitation of the committed person.
(b) All files shall be confidential and access shall be
limited to authorized personnel of the respective Department.
Personnel of other correctional, welfare or law enforcement
agencies may have access to files under rules and regulations
of the respective Department. The respective Department shall
keep a record of all outside personnel who have access to
files, the files reviewed, any file material copied, and the
purpose of access. If the respective Department or the Prisoner
Review Board makes a determination under this Code which
affects the length of the period of confinement or commitment,
the committed person and his counsel shall be advised of
factual information relied upon by the respective Department or
Board to make the determination, provided that the Department
or Board shall not be required to advise a person committed to
the Department of Juvenile Justice any such information which
in the opinion of the Department of Juvenile Justice or Board
would be detrimental to his treatment or rehabilitation.
(c) The master file shall be maintained at a place
convenient to its use by personnel of the respective Department
in charge of the person. When custody of a person is
transferred from the Department to another department or
agency, a summary of the file shall be forwarded to the

receiving agency with such other information required by law or
requested by the agency under rules and regulations of the
respective Department.
(d) The master file of a person no longer in the custody of
the respective Department shall be placed on inactive status
and its use shall be restricted subject to rules and
regulations of the Department.
(e) All public agencies may make available to the
respective Department on request any factual data not otherwise
privileged as a matter of law in their possession in respect to
individuals committed to the respective Department.
(Source: P.A. 97-696, eff. 6-22-12; 98-528, eff. 1-1-15;
98-558, eff. 1-1-14; revised 9-24-13.)
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c) (1) (Blank).
(2) A period of probation, a term of periodic
imprisonment or conditional discharge shall not be imposed
for the following offenses. The court shall sentence the
offender to not less than the minimum term of imprisonment
set forth in this Code for the following offenses, and may
order a fine or restitution or both in conjunction with
such term of imprisonment:

(A) First degree murder where the death penalty is
not imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation of
subdivision (c)(1.5) or (c)(2) of Section 401 of that
Act which relates to more than 5 grams of a substance
containing cocaine, fentanyl, or an analog thereof.
(D-5) A violation of subdivision (c)(1) of Section
401 of the Illinois Controlled Substances Act which
relates to 3 or more grams of a substance containing
heroin or an analog thereof.
(E) A violation of Section 5.1 or 9 of the Cannabis
Control Act.
(F) A Class 2 or greater felony if the offender had
been convicted of a Class 2 or greater felony,
including any state or federal conviction for an
offense that contained, at the time it was committed,
the same elements as an offense now (the date of the
offense committed after the prior Class 2 or greater
felony) classified as a Class 2 or greater felony,
within 10 years of the date on which the offender
committed the offense for which he or she is being
sentenced, except as otherwise provided in Section
40-10 of the Alcoholism and Other Drug Abuse and

Dependency Act.
(F-5) A violation of Section 24-1, 24-1.1, or
24-1.6 of the Criminal Code of 1961 or the Criminal
Code of 2012 for which imprisonment is prescribed in
those Sections.
(G) Residential burglary, except as otherwise
provided in Section 40-10 of the Alcoholism and Other
Drug Abuse and Dependency Act.
(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen as
described in Section 12-4.6 or subdivision (a)(4) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012.
(J) A forcible felony if the offense was related to
the activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5
or more persons, with an established hierarchy, that
encourages members of the association to perpetrate
crimes or provides support to the members of the
association who do commit crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed
to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(K) Vehicular hijacking.

(L) A second or subsequent conviction for the
offense of hate crime when the underlying offense upon
which the hate crime is based is felony aggravated
assault or felony mob action.
(M) A second or subsequent conviction for the
offense of institutional vandalism if the damage to the
property exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 or 12-6.5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P) A violation of 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.
(Q) A violation of subsection (b) or (b-5) of
Section 20-1, Section 20-1.2, or Section 20-1.3 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(R) A violation of Section 24-3A of the Criminal
Code of 1961 or the Criminal Code of 2012.
(S) (Blank).
(T) A second or subsequent violation of the
Methamphetamine Control and Community Protection Act.
(U) A second or subsequent violation of Section
6-303 of the Illinois Vehicle Code committed while his
or her driver's license, permit, or privilege was

revoked because of a violation of Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012,
relating to the offense of reckless homicide, or a
similar provision of a law of another state.
(V) A violation of paragraph (4) of subsection (c)
of Section 11-20.1B or paragraph (4) of subsection (c)
of Section 11-20.3 of the Criminal Code of 1961, or
paragraph (6) of subsection (a) of Section 11-20.1 of
the Criminal Code of 2012 when the victim is under 13
years of age and the defendant has previously been
convicted under the laws of this State or any other
state of the offense of child pornography, aggravated
child pornography, aggravated criminal sexual abuse,
aggravated criminal sexual assault, predatory criminal
sexual assault of a child, or any of the offenses
formerly known as rape, deviate sexual assault,
indecent liberties with a child, or aggravated
indecent liberties with a child where the victim was
under the age of 18 years or an offense that is
substantially equivalent to those offenses.
(W) A violation of Section 24-3.5 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(X) A violation of subsection (a) of Section 31-1a
of the Criminal Code of 1961 or the Criminal Code of
2012.
(Y) A conviction for unlawful possession of a

firearm by a street gang member when the firearm was
loaded or contained firearm ammunition.
(Z) A Class 1 felony committed while he or she was
serving a term of probation or conditional discharge
for a felony.
(AA) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value.
(BB) Laundering of criminally derived property of
a value exceeding $500,000.
(CC) Knowingly selling, offering for sale, holding
for sale, or using 2,000 or more counterfeit items or
counterfeit items having a retail value in the
aggregate of $500,000 or more.
(DD) A conviction for aggravated assault under
paragraph (6) of subsection (c) of Section 12-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 if
the firearm is aimed toward the person against whom the
firearm is being used.
(3) (Blank).
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303
of the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8)
of this subsection (c), a minimum of 100 hours of community

service shall be imposed for a second violation of Section
6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court,
shall be imposed for a second violation of subsection (c)
of Section 6-303 of the Illinois Vehicle Code.
(4.4) Except as provided in paragraphs (4.5), (4.6),
and (4.9) of this subsection (c), a minimum term of
imprisonment of 30 days or 300 hours of community service,
as determined by the court, shall be imposed for a third or
subsequent violation of Section 6-303 of the Illinois
Vehicle Code.
(4.5) A minimum term of imprisonment of 30 days shall
be imposed for a third violation of subsection (c) of
Section 6-303 of the Illinois Vehicle Code.
(4.6) Except as provided in paragraph (4.10) of this
subsection (c), a minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle
Code.
(4.7) A minimum term of imprisonment of not less than
30 consecutive days, or 300 hours of community service,
shall be imposed for a violation of subsection (a-5) of
Section 6-303 of the Illinois Vehicle Code, as provided in
subsection (b-5) of that Section.
(4.8) A mandatory prison sentence shall be imposed for

a second violation of subsection (a-5) of Section 6-303 of
the Illinois Vehicle Code, as provided in subsection (c-5)
of that Section. The person's driving privileges shall be
revoked for a period of not less than 5 years from the date
of his or her release from prison.
(4.9) A mandatory prison sentence of not less than 4
and not more than 15 years shall be imposed for a third
violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (d-2.5) of
that Section. The person's driving privileges shall be
revoked for the remainder of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent
violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (d-3.5) of
that Section. The person's driving privileges shall be
revoked for the remainder of his or her life.
(5) The court may sentence a corporation or
unincorporated association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section
5-5-6 of this Code.
(5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person

convicted of violating subsection (c) of Section 11-907 of
the Illinois Vehicle Code shall have his or her driver's
license, permit, or privileges suspended for at least 90
days but not more than one year, if the violation resulted
in damage to the property of another person.
(5.2) In addition to any other penalties imposed, and
except as provided in paragraph (5.3), a person convicted
of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's
license, permit, or privileges suspended for at least 180
days but not more than 2 years, if the violation resulted
in injury to another person.
(5.3) In addition to any other penalties imposed, a
person convicted of violating subsection (c) of Section
11-907 of the Illinois Vehicle Code shall have his or her
driver's license, permit, or privileges suspended for 2
years, if the violation resulted in the death of another
person.
(5.4) In addition to any other penalties imposed, a
person convicted of violating Section 3-707 of the Illinois
Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 3 months and until he
or she has paid a reinstatement fee of $100.
(5.5) In addition to any other penalties imposed, a
person convicted of violating Section 3-707 of the Illinois
Vehicle Code during a period in which his or her driver's

license, permit, or privileges were suspended for a
previous violation of that Section shall have his or her
driver's license, permit, or privileges suspended for an
additional 6 months after the expiration of the original
3-month suspension and until he or she has paid a
reinstatement fee of $100.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) A defendant convicted of a second or subsequent
offense of ritualized abuse of a child may be sentenced to
a term of natural life imprisonment.
(10) (Blank).
(11) The court shall impose a minimum fine of $1,000
for a first offense and $2,000 for a second or subsequent
offense upon a person convicted of or placed on supervision
for battery when the individual harmed was a sports
official or coach at any level of competition and the act
causing harm to the sports official or coach occurred
within an athletic facility or within the immediate
vicinity of the athletic facility at which the sports
official or coach was an active participant of the athletic
contest held at the athletic facility. For the purposes of
this paragraph (11), "sports official" means a person at an
athletic contest who enforces the rules of the contest,
such as an umpire or referee; "athletic facility" means an

indoor or outdoor playing field or recreational area where
sports activities are conducted; and "coach" means a person
recognized as a coach by the sanctioning authority that
conducted the sporting event.
(12) A person may not receive a disposition of court
supervision for a violation of Section 5-16 of the Boat
Registration and Safety Act if that person has previously
received a disposition of court supervision for a violation
of that Section.
(13) A person convicted of or placed on court
supervision for an assault or aggravated assault when the
victim and the offender are family or household members as
defined in Section 103 of the Illinois Domestic Violence
Act of 1986 or convicted of domestic battery or aggravated
domestic battery may be required to attend a Partner Abuse
Intervention Program under protocols set forth by the
Illinois Department of Human Services under such terms and
conditions imposed by the court. The costs of such classes
shall be paid by the offender.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of the
Unified Code of Corrections which may include evidence of the
defendant's life, moral character and occupation during the
time since the original sentence was passed. The trial court
shall then impose sentence upon the defendant. The trial court

may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of the Unified Code of
Corrections. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at
trial to determine beyond a reasonable doubt the existence of a
fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.
(e) In cases where prosecution for aggravated criminal
sexual abuse under Section 11-1.60 or 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012 results in conviction
of a defendant who was a family member of the victim at the
time of the commission of the offense, the court shall consider
the safety and welfare of the victim and may impose a sentence
of probation only where:
(1) the court finds (A) or (B) or both are appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of 2
years; or
(B) the defendant is willing to participate in a
court approved plan including but not limited to the
defendant's:
(i) removal from the household;

(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the victim;
and
(v) compliance with any other measures that
the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the court
finds, after considering the defendant's income and
assets, that the defendant is financially capable of paying
for such services, if the victim was under 18 years of age
at the time the offense was committed and requires
counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
11-0.1 of the Criminal Code of 2012.
(f) (Blank).
(g) Whenever a defendant is convicted of an offense under

Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11-14.3, 11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the defendant shall 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 agent of acquired immunodeficiency syndrome (AIDS).
Any such 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 defendant's
person. Except as otherwise provided by law, the results of
such 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 conviction 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, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. 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 legal guardian of the test

results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results
of any HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it is
relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-5.01 or 12-16.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 against the
defendant. The court shall order that the cost of any such test
shall be paid by the county and may be taxed as costs against
the convicted defendant.
(g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or his
or her designee in a sealed envelope to the judge of the court
in which the inmate must appear for the judge's inspection in
camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have
the discretion to determine what if any precautions need to be
taken to prevent transmission of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such 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 conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-5.01 or
12-16.2 of the Criminal Code of 1961 or the Criminal Code of
2012 against the defendant. The court shall order that the cost
of any such test shall be paid by the county and may be taxed as

costs against the convicted defendant.
(i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
Code of 2012, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Substance Act, or Section 70 of the
Methamphetamine Control and Community Protection Act of a
defendant, the court shall determine whether the defendant is
employed by a facility or center as defined under the Child
Care Act of 1969, a public or private elementary or secondary
school, or otherwise works with children under 18 years of age

on a daily basis. When a defendant is so employed, the court
shall order the Clerk of the Court to send a copy of the
judgment of conviction or order of supervision or probation to
the defendant's employer by certified mail. If the employer of
the defendant is a school, the Clerk of the Court shall direct
the mailing of a copy of the judgment of conviction or order of
supervision or probation to the appropriate regional
superintendent of schools. The regional superintendent of
schools shall notify the State Board of Education of any
notification under this subsection.
(j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall as
a condition of his or her sentence be required by the court to
attend educational courses designed to prepare the defendant
for a high school diploma and to work toward a high school
diploma or to work toward passing the high school level Test of
General Educational Development (GED) or to work toward
completing a vocational training program offered by the
Department of Corrections. If a defendant fails to complete the
educational training required by his or her sentence during the
term of incarceration, the Prisoner Review Board shall, as a
condition of mandatory supervised release, require the
defendant, at his or her own expense, to pursue a course of
study toward a high school diploma or passage of the GED test.

The Prisoner Review Board shall revoke the mandatory supervised
release of a defendant who wilfully fails to comply with this
subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under
this subsection (j-5) as provided in Section 3-3-9. This
subsection (j-5) does not apply to a defendant who has a high
school diploma or has successfully passed the GED test. This
subsection (j-5) does not apply to a defendant who is
determined by the court to be developmentally disabled or
otherwise mentally incapable of completing the educational or
vocational program.
(k) (Blank).
(l) (A) Except as provided in paragraph (C) of subsection
(l), whenever a defendant, who is an alien as defined by
the Immigration and Nationality Act, is convicted of any
felony or misdemeanor offense, the court after sentencing
the defendant may, upon motion of the State's Attorney,
hold sentence in abeyance and remand the defendant to the
custody of the Attorney General of the United States or his
or her designated agent to be deported when:
(1) a final order of deportation has been issued

against the defendant pursuant to proceedings under
the Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct
and would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as
provided in this Chapter V.
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on
probation under Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act, or
Section 70 of the Methamphetamine Control and Community
Protection Act, the court may, upon motion of the State's
Attorney to suspend the sentence imposed, commit the
defendant to the custody of the Attorney General of the
United States or his or her designated agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under
the Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct
and would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who
are subject to the provisions of paragraph (2) of
subsection (a) of Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant

sentenced under this Section returns to the jurisdiction of
the United States, the defendant shall be recommitted to
the custody of the county from which he or she was
sentenced. Thereafter, the defendant shall be brought
before the sentencing court, which may impose any sentence
that was available under Section 5-5-3 at the time of
initial sentencing. In addition, the defendant shall not be
eligible for additional sentence credit for good conduct as
provided under Section 3-6-3.
(m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012, in which the property damage exceeds
$300 and the property damaged is a school building, shall be
ordered to perform community service that may include cleanup,
removal, or painting over the defacement.
(n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 (i) to an impact
incarceration program if the person is otherwise eligible for
that program under Section 5-8-1.1, (ii) to community service,
or (iii) if the person is an addict or alcoholic, as defined in
the Alcoholism and Other Drug Abuse and Dependency Act, to a
substance or alcohol abuse program licensed under that Act.
(o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the

defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions of
license renewal established by the Secretary of State.
(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
96-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
1, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,
eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
97-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff.
8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
eff. 1-25-13; revised 11-12-13.)
(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 is physically handicapped 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" means heterosexuality, homosexuality, or

bisexuality;
(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, or

the ID/DD Community Care 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, disabled, or infirm by taking
advantage of a family or fiduciary relationship with the
elderly, disabled, or infirm person;
(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; or
(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.
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.
"Public transportation" means the transportation or
conveyance of persons by means available to the general public,
and includes paratransit services.
(b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term
sentence under Section 5-8-2 upon any offender:
(1) When a defendant is convicted of any felony, after
having been previously convicted in Illinois or any other
jurisdiction of the same or similar class felony or greater
class felony, when such conviction has occurred within 10
years after the previous conviction, excluding time spent
in custody, and such charges are separately brought and
tried and arise out of different series of acts; or
(2) When a defendant is convicted of any felony and the
court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or

(3) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time of
the offense or such person's property;
(ii) a person 60 years of age or older at the time
of the offense or such person's property; or
(iii) a person physically handicapped 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. 97-38, eff. 6-28-11, 97-227, eff. 1-1-12; 97-333,
eff. 8-12-11; 97-693, eff. 1-1-13; 97-1108, eff. 1-1-13;
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-14, eff.
1-1-14; 98-104, eff. 7-22-13; 98-385, eff. 1-1-14; revised
9-24-13.)
(730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
Sec. 5-5-5. Loss and Restoration of Rights.

(a) Conviction and disposition shall not entail the loss by
the defendant of any civil rights, except under this Section
and Sections 29-6 and 29-10 of The Election Code, as now or
hereafter amended.
(b) A person convicted of a felony shall be ineligible to
hold an office created by the Constitution of this State until
the completion of his sentence.
(c) A person sentenced to imprisonment shall lose his right
to vote until released from imprisonment.
(d) On completion of sentence of imprisonment or upon
discharge from probation, conditional discharge or periodic
imprisonment, or at any time thereafter, all license rights and
privileges granted under the authority of this State which have
been revoked or suspended because of conviction of an offense
shall be restored unless the authority having jurisdiction of
such license rights finds after investigation and hearing that
restoration is not in the public interest. This paragraph (d)
shall not apply to the suspension or revocation of a license to
operate a motor vehicle under the Illinois Vehicle Code.
(e) Upon a person's discharge from incarceration or parole,
or upon a person's discharge from probation or at any time
thereafter, the committing court may enter an order certifying
that the sentence has been satisfactorily completed when the
court believes it would assist in the rehabilitation of the
person and be consistent with the public welfare. Such order
may be entered upon the motion of the defendant or the State or

upon the court's own motion.
(f) Upon entry of the order, the court shall issue to the
person in whose favor the order has been entered a certificate
stating that his behavior after conviction has warranted the
issuance of the order.
(g) This Section shall not affect the right of a defendant
to collaterally attack his conviction or to rely on it in bar
of subsequent proceedings for the same offense.
(h) No application for any license specified in subsection
(i) of this Section granted under the authority of this State
shall be denied by reason of an eligible offender who has
obtained a certificate of relief from disabilities, as defined
in Article 5.5 of this Chapter, having been previously
convicted of one or more criminal offenses, or by reason of a
finding of lack of "good moral character" when the finding is
based upon the fact that the applicant has previously been
convicted of one or more criminal offenses, unless:
(1) there is a direct relationship between one or more
of the previous criminal offenses and the specific license
sought; or
(2) the issuance of the license would involve an
unreasonable risk to property or to the safety or welfare
of specific individuals or the general public.
In making such a determination, the licensing agency shall
consider the following factors:
(1) the public policy of this State, as expressed in

Article 5.5 of this Chapter, to encourage the licensure and
employment of persons previously convicted of one or more
criminal offenses;
(2) the specific duties and responsibilities
necessarily related to the license being sought;
(3) the bearing, if any, the criminal offenses or
offenses for which the person was previously convicted will
have on his or her fitness or ability to perform one or
more such duties and responsibilities;
(4) the time which has elapsed since the occurrence of
the criminal offense or offenses;
(5) the age of the person at the time of occurrence of
the criminal offense or offenses;
(6) the seriousness of the offense or offenses;
(7) any information produced by the person or produced
on his or her behalf in regard to his or her rehabilitation
and good conduct, including a certificate of relief from
disabilities issued to the applicant, which certificate
shall create a presumption of rehabilitation in regard to
the offense or offenses specified in the certificate; and
(8) the legitimate interest of the licensing agency in
protecting property, and the safety and welfare of specific
individuals or the general public.
(i) A certificate of relief from disabilities shall be
issued only for a license or certification issued under the
following Acts:

(1) the Animal Welfare Act; except that a certificate
of relief from disabilities may not be granted to provide
for the issuance or restoration of a license under the
Animal Welfare Act for any person convicted of violating
Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
Care for Animals Act or Section 26-5 or 48-1 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(2) the Illinois Athletic Trainers Practice Act;
(3) the Barber, Cosmetology, Esthetics, Hair Braiding,
and Nail Technology Act of 1985;
(4) the Boiler and Pressure Vessel Repairer Regulation
Act;
(5) the Boxing and Full-contact Martial Arts Act;
(6) the Illinois Certified Shorthand Reporters Act of
1984;
(7) the Illinois Farm Labor Contractor Certification
Act;
(8) the Interior Design Title Act;
(9) the Illinois Professional Land Surveyor Act of
1989;
(10) the Illinois Landscape Architecture Act of 1989;
(11) the Marriage and Family Therapy Licensing Act;
(12) the Private Employment Agency Act;
(13) the Professional Counselor and Clinical
Professional Counselor Licensing and Practice Act;
(14) the Real Estate License Act of 2000;

(15) the Illinois Roofing Industry Licensing Act;
(16) the Professional Engineering Practice Act of
1989;
(17) the Water Well and Pump Installation Contractor's
License Act;
(18) the Electrologist Licensing Act;
(19) the Auction License Act;
(20) the Illinois Architecture Practice Act of 1989;
(21) the Dietitian Nutritionist Practice Act;
(22) the Environmental Health Practitioner Licensing
Act;
(23) the Funeral Directors and Embalmers Licensing
Code;
(24) the Land Sales Registration Act of 1999;
(25) the Professional Geologist Licensing Act;
(26) the Illinois Public Accounting Act; and
(27) the Structural Engineering Practice Act of 1989.
(Source: P.A. 96-1246, eff. 1-1-11; 97-119, eff. 7-14-11;
97-706, eff. 6-25-12; 97-1108, eff. 1-1-13; 97-1141, eff.
12-28-12; 97-1150, eff. 1-25-13; revised 2-22-13.)
(730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
Sec. 5-8A-3. Application.
(a) Except as provided in subsection (d), a person charged
with or convicted of an excluded offense may not be placed in
an electronic home detention program, except for bond pending

trial or appeal or while on parole, aftercare release, or
mandatory supervised release.
(b) A person serving a sentence for a conviction of a Class
1 felony, other than an excluded offense, may be placed in an
electronic home detention program for a period not to exceed
the last 90 days of incarceration.
(c) A person serving a sentence for a conviction of a Class
X felony, other than an excluded offense, may be placed in an
electronic home detention program for a period not to exceed
the last 90 days of incarceration, provided that the person was
sentenced on or after the effective date of this amendatory Act
of 1993 and provided that the court has not prohibited the
program for the person in the sentencing order.
(d) A person serving a sentence for conviction of an
offense other than for predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual
assault, aggravated criminal sexual abuse, or felony criminal
sexual abuse, may be placed in an electronic home detention
program for a period not to exceed the last 12 months of
incarceration, provided that (i) the person is 55 years of age
or older; (ii) the person is serving a determinate sentence;
(iii) the person has served at least 25% of the sentenced
prison term; and (iv) placement in an electronic home detention
program is approved by the Prisoner Review Board.
(e) A person serving a sentence for conviction of a Class
2, 3 or 4 felony offense which is not an excluded offense may

be placed in an electronic home detention program pursuant to
Department administrative directives.
(f) Applications for electronic home detention may include
the following:
(1) pretrial or pre-adjudicatory detention;
(2) probation;
(3) conditional discharge;
(4) periodic imprisonment;
(5) parole, aftercare release, or mandatory supervised
release;
(6) work release;
(7) furlough; or
(8) post-trial incarceration.
(g) A person convicted of an offense described in clause
(4) or (5) of subsection (d) of Section 5-8-1 of this Code
shall be placed in an electronic home detention program for at
least the first 2 years of the person's mandatory supervised
release term.
(Source: P.A. 98-558, eff. 1-1-14; revised 11-12-13.)
Section 725. The Code of Civil Procedure is amended by
changing Sections 8-2001, 8-2005, 11-106, and 13-110 as
follows:
(735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
Sec. 8-2001. Examination of health care records.

(a) In this Section:
"Health care facility" or "facility" means a public or
private hospital, ambulatory surgical treatment center,
nursing home, independent practice association, or physician
hospital organization, or any other entity where health care
services are provided to any person. The term does not include
a health care practitioner.
"Health care practitioner" means any health care
practitioner, including a physician, dentist, podiatric
physician, advanced practice nurse, physician assistant,
clinical psychologist, or clinical social worker. The term
includes a medical office, health care clinic, health
department, group practice, and any other organizational
structure for a licensed professional to provide health care
services. The term does not include a health care facility.
(b) Every private and public health care facility shall,
upon the request of any patient who has been treated in such
health care facility, or any person, entity, or organization
presenting a valid authorization for the release of records
signed by the patient or the patient's legally authorized
representative, or as authorized by Section 8-2001.5, permit
the patient, his or her health care practitioner, authorized
attorney, or any person, entity, or organization presenting a
valid authorization for the release of records signed by the
patient or the patient's legally authorized representative to
examine the health care facility patient care records,

including but not limited to the history, bedside notes,
charts, pictures and plates, kept in connection with the
treatment of such patient, and permit copies of such records to
be made by him or her or his or her health care practitioner or
authorized attorney.
(c) Every health care practitioner shall, upon the request
of any patient who has been treated by the health care
practitioner, or any person, entity, or organization
presenting a valid authorization for the release of records
signed by the patient or the patient's legally authorized
representative, permit the patient and the patient's health
care practitioner or authorized attorney, or any person,
entity, or organization presenting a valid authorization for
the release of records signed by the patient or the patient's
legally authorized representative, to examine and copy the
patient's records, including but not limited to those relating
to the diagnosis, treatment, prognosis, history, charts,
pictures and plates, kept in connection with the treatment of
such patient.
(d) A request for copies of the records shall be in writing
and shall be delivered to the administrator or manager of such
health care facility or to the health care practitioner. The
person (including patients, health care practitioners and
attorneys) requesting copies of records shall reimburse the
facility or the health care practitioner at the time of such
copying for all reasonable expenses, including the costs of

independent copy service companies, incurred in connection
with such copying not to exceed a $20 handling charge for
processing the request and the actual postage or shipping
charge, if any, plus: (1) for paper copies 75 cents per page
for the first through 25th pages, 50 cents per page for the
26th through 50th pages, and 25 cents per page for all pages in
excess of 50 (except that the charge shall not exceed $1.25 per
page for any copies made from microfiche or microfilm; records
retrieved from scanning, digital imaging, electronic
information or other digital format do not qualify as
microfiche or microfilm retrieval for purposes of calculating
charges); and (2) for electronic records, retrieved from a
scanning, digital imaging, electronic information or other
digital format in an a electronic document, a charge of 50% of
the per page charge for paper copies under subdivision (d)(1).
This per page charge includes the cost of each CD Rom, DVD, or
other storage media. Records already maintained in an
electronic or digital format shall be provided in an electronic
format when so requested. If the records system does not allow
for the creation or transmission of an electronic or digital
record, then the facility or practitioner shall inform the
requester in writing of the reason the records can not be
provided electronically. The written explanation may be
included with the production of paper copies, if the requester
chooses to order paper copies. These rates shall be
automatically adjusted as set forth in Section 8-2006. The

facility or health care practitioner may, however, charge for
the reasonable cost of all duplication of record material or
information that cannot routinely be copied or duplicated on a
standard commercial photocopy machine such as x-ray films or
pictures.
(d-5) The handling fee shall not be collected from the
patient or the patient's personal representative who obtains
copies of records under Section 8-2001.5.
(e) The requirements of this Section shall be satisfied
within 30 days of the receipt of a written request by a patient
or by his or her legally authorized representative, health care
practitioner, authorized attorney, or any person, entity, or
organization presenting a valid authorization for the release
of records signed by the patient or the patient's legally
authorized representative. If the facility or health care
practitioner needs more time to comply with the request, then
within 30 days after receiving the request, the facility or
health care practitioner must provide the requesting party with
a written statement of the reasons for the delay and the date
by which the requested information will be provided. In any
event, the facility or health care practitioner must provide
the requested information no later than 60 days after receiving
the request.
(f) A health care facility or health care practitioner must
provide the public with at least 30 days prior notice of the
closure of the facility or the health care practitioner's

practice. The notice must include an explanation of how copies
of the facility's records may be accessed by patients. The
notice may be given by publication in a newspaper of general
circulation in the area in which the health care facility or
health care practitioner is located.
(g) Failure to comply with the time limit requirement of
this Section shall subject the denying party to expenses and
reasonable attorneys' fees incurred in connection with any
court ordered enforcement of the provisions of this Section.
(Source: P.A. 97-623, eff. 11-23-11; 97-867, eff. 7-30-12;
98-214, eff. 8-9-13; revised 11-22-13.)
(735 ILCS 5/8-2005)
Sec. 8-2005. Attorney's records. This Section applies only
if a client and his or her authorized attorney have complied
with all applicable legal requirements regarding examination
and copying of client files, including but not limited to
satisfaction of expenses and attorney retaining liens.
Upon the request of a client, an attorney shall permit the
client's authorized attorney to examine and copy the records
kept by the attorney in connection with the representation of
the client, with the exception of attorney work product. The
request for examination and copying of the records shall be in
writing and shall be delivered to the attorney. Within a
reasonable time after the attorney receives the written
request, the attorney shall comply with the written request at

his or her office or any other place designated by him or her.
At the time of copying, the person requesting the records shall
reimburse the attorney for all reasonable expenses, including
the costs of independent copy service companies, incurred by
the attorney in connection with the copying not to exceed a $20
handling charge for processing the request, and the actual
postage or shipping charges, if any, plus (1) for paper copies
75 cents per page for the first through 25th pages, 50 cents
per page for the 26th through 50th pages, and 25 cents per page
for all pages in excess of 50 (except that the charge shall not
exceed $1.25 per page for any copies made from microfiche or
microfilm; records retrieved from scanning, digital imaging,
electronic information or other digital format do not qualify
as microfiche or microfilm retrieval for purposes of
calculating charges); and (2) for electronic records,
retrieved from a scanning, digital imaging, electronic
information or other digital format in an a electronic
document, a charge of 50% of the per page charge for paper
copies under subdivision (d)(1). This per page charge includes
the cost of each CD Rom, DVD, or other storage media. Records
already maintained in an electronic or digital format shall be
provided in an electronic format when so requested. If the
records system does not allow for the creation or transmission
of an electronic or digital record, then the attorney shall
inform the requester in writing of the reason the records
cannot be provided electronically. The written explanation may

be included with the production of paper copies, if the
requester chooses to order paper copies. These rates shall be
automatically adjusted as set forth in Section 8-2006. The
attorney may, however, charge for the reasonable cost of all
duplication of record material or information that cannot
routinely be copied or duplicated on a standard commercial
photocopy machine such as pictures.
An attorney shall satisfy the requirements of this Section
within 60 days after he or she receives a request from a client
or his or her authorized attorney. An attorney who fails to
comply with the time limit requirement of this Section shall be
required to pay expenses and reasonable attorney's fees
incurred in connection with any court-ordered enforcement of
the requirements of this Section.
(Source: P.A. 95-478, eff. 1-1-08 (changed from 8-27-07 by P.A.
95-480); 95-480, eff. 1-1-08; revised 11-22-13.)
(735 ILCS 5/11-106) (from Ch. 110, par. 11-106)
Sec. 11-106. Injunctive relief on Saturday, Sunday or legal
holiday. When an application is made on a Saturday, Sunday,
legal holiday or on a day when courts are not in session for
injunctive relief and there is filed with the complaint an
affidavit of the plaintiff, or his, her or their agent or
attorney, stating that the benefits of injunctive relief will
be lost or endangered, or irremediable damage occasioned unless
such injunctive relief is immediately granted, and stating the

bases for such alleged consequence,, and if it appears to the
court from such affidavit that the benefits of injunctive
relief will be lost or endangered, or irremediable damage
occasioned unless such injunctive relief is immediately
granted, and if the plaintiff otherwise is entitled to such
relief under the law, the court may grant injunctive relief on
a Saturday, Sunday, legal holiday, or on a day when courts are
not in session; and it shall be lawful for the clerk to
certify, and for the sheriff or coroner to serve such order for
injunctive relief on a Saturday, Sunday, legal holiday or on a
day when courts are not in session as on any other day, and all
affidavits and bonds made and proceedings had in such case
shall have the same force and effect as if made or had on any
other day.
(Source: P.A. 82-280; revised 11-22-13.)
(735 ILCS 5/13-110) (from Ch. 110, par. 13-110)
Sec. 13-110. Vacant land - Payment of taxes with color of
title. Whenever a person having color of title, made in good
faith, to vacant and unoccupied land, pays all taxes legally
assessed thereon for 7 successive years, he or she shall be
deemed and adjudged to be the legal owner of such vacant and
unoccupied land, to the extent and according to the purport of
his or her paper title. All persons holding under such
taxpayer, by purchase, legacy or descent, before such 7 years
expired, and who continue to pay the taxes, as above set out,

so as to complete the payment of taxes for the such term, are
entitled to the benefit of this Section. However, if any
person, having a better paper title to such vacant and
unoccupied land, during the term of 7 years, pays the taxes
assessed on such land for any one or more years of the term of 7
years, then such taxpayer, his or her heirs, legatees or
assigns, shall not be entitled to the benefit of this Section.
(Source: P.A. 83-707; revised 11-22-13.)
Section 730. The Eminent Domain Act is amended by changing
Sections 15-5-15, 15-5-35, and 15-5-47 and by setting forth and
renumbering multiple versions of Section 25-5-45 as follows:
(735 ILCS 30/15-5-15)
Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70
through 75. The following provisions of law may include express
grants of the power to acquire property by condemnation or
eminent domain:
(70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport
authorities; for public airport facilities.
(70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport
authorities; for removal of airport hazards.
(70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport
authorities; for reduction of the height of objects or
structures.

(70 ILCS 10/4); Interstate Airport Authorities Act; interstate
airport authorities; for general purposes.
(70 ILCS 15/3); Kankakee River Valley Area Airport Authority
Act; Kankakee River Valley Area Airport Authority; for
acquisition of land for airports.
(70 ILCS 200/2-20); Civic Center Code; civic center
authorities; for grounds, centers, buildings, and parking.
(70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/15-40); Civic Center Code; Benton Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/20-15); Civic Center Code; Bloomington Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/35-35); Civic Center Code; Brownstown Park
District Civic Center Authority; for grounds, centers,
buildings, and parking.
(70 ILCS 200/40-35); Civic Center Code; Carbondale Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/55-60); Civic Center Code; Chicago South Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/60-30); Civic Center Code; Collinsville

Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/80-15); Civic Center Code; DuPage County
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/115-35); Civic Center Code; Jasper County Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/120-25); Civic Center Code; Jefferson County
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.

(70 ILCS 200/125-15); Civic Center Code; Jo Daviess County
Civic Center Authority; for grounds, centers, buildings,
and parking.
(70 ILCS 200/130-30); Civic Center Code; Katherine Dunham
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/150-35); Civic Center Code; Mason County Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan
Civic Center Authority; for grounds, centers, buildings,
and parking.
(70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/165-35); Civic Center Code; Melrose Park
Metropolitan Exposition Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/170-20); Civic Center Code; certain Metropolitan
Exposition, Auditorium and Office Building Authorities;
for general purposes.
(70 ILCS 200/180-35); Civic Center Code; Normal Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center
Authority; for grounds, centers, buildings, and parking.

(70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/215-15); Civic Center Code; Illinois Quad City
Civic Center Authority; for grounds, centers, buildings,
and parking.
(70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/225-35); Civic Center Code; Randolph County Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/230-35); Civic Center Code; River Forest
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/235-40); Civic Center Code; Riverside Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/245-35); Civic Center Code; Salem Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/255-20); Civic Center Code; Springfield
Metropolitan Exposition and Auditorium Authority; for

grounds, centers, and parking.
(70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/265-20); Civic Center Code; Vermilion County
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/280-20); Civic Center Code; Will County
Metropolitan Exposition and Auditorium Authority; for
grounds, centers, and parking.
(70 ILCS 210/5); Metropolitan Pier and Exposition Authority
Act; Metropolitan Pier and Exposition Authority; for
general purposes, including quick-take power.
(70 ILCS 405/22.04); Soil and Water Conservation Districts Act;
soil and water conservation districts; for general
purposes.
(70 ILCS 410/10 and 410/12); Conservation District Act;
conservation districts; for open space, wildland, scenic
roadway, pathway, outdoor recreation, or other
conservation benefits.
(70 ILCS 503/25); Chanute-Rantoul National Aviation Center

Redevelopment Commission Act; Chanute-Rantoul National
Aviation Center Redevelopment Commission; for general
purposes.
(70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;
Fort Sheridan Redevelopment Commission; for general
purposes or to carry out comprehensive or redevelopment
plans.
(70 ILCS 520/8); Southwestern Illinois Development Authority
Act; Southwestern Illinois Development Authority; for
general purposes, including quick-take power.
(70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;
drainage districts; for general purposes.
(70 ILCS 615/5 and 615/6); Chicago Drainage District Act;
corporate authorities; for construction and maintenance of
works.
(70 ILCS 705/10); Fire Protection District Act; fire protection
districts; for general purposes.
(70 ILCS 750/20); Flood Prevention District Act; flood
prevention districts; for general purposes.
(70 ILCS 805/6); Downstate Forest Preserve District Act;
certain forest preserve districts; for general purposes.
(70 ILCS 805/18.8); Downstate Forest Preserve District Act;
certain forest preserve districts; for recreational and
cultural facilities.
(70 ILCS 810/8); Cook County Forest Preserve District Act;
Forest Preserve District of Cook County; for general

purposes.
(70 ILCS 810/38); Cook County Forest Preserve District Act;
Forest Preserve District of Cook County; for recreational
facilities.
(70 ILCS 910/15 and 910/16); Hospital District Law; hospital
districts; for hospitals or hospital facilities.
(70 ILCS 915/3); Illinois Medical District Act; Illinois
Medical District Commission; for general purposes.
(70 ILCS 915/4.5); Illinois Medical District Act; Illinois
Medical District Commission; quick-take power for the
Illinois State Police Forensic Science Laboratory
(obsolete).
(70 ILCS 920/5); Tuberculosis Sanitarium District Act;
tuberculosis sanitarium districts; for tuberculosis
sanitariums.
(70 ILCS 925/20); Mid-Illinois Medical District Act;
Mid-Illinois Medical District; for general purposes.
(70 ILCS 930/20); Mid-America Medical District Act;
Mid-America Medical District Commission; for general
purposes.
(70 ILCS 935/20); Roseland Community Medical District Act;
medical district; for general purposes.
(70 ILCS 1005/7); Mosquito Abatement District Act; mosquito
abatement districts; for general purposes.
(70 ILCS 1105/8); Museum District Act; museum districts; for
general purposes.

(70 ILCS 1205/7-1); Park District Code; park districts; for
streets and other purposes.
(70 ILCS 1205/8-1); Park District Code; park districts; for
parks.
(70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park
districts; for airports and landing fields.
(70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park
districts; for State land abutting public water and certain
access rights.
(70 ILCS 1205/11.1-3); Park District Code; park districts; for
harbors.
(70 ILCS 1225/2); Park Commissioners Land Condemnation Act;
park districts; for street widening.
(70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water Control
Act; park districts; for parks, boulevards, driveways,
parkways, viaducts, bridges, or tunnels.
(70 ILCS 1250/2); Park Commissioners Street Control (1889) Act;
park districts; for boulevards or driveways.
(70 ILCS 1290/1); Park District Aquarium and Museum Act;
municipalities or park districts; for aquariums or
museums.
(70 ILCS 1305/2); Park District Airport Zoning Act; park
districts; for restriction of the height of structures.
(70 ILCS 1310/5); Park District Elevated Highway Act; park
districts; for elevated highways.
(70 ILCS 1505/15); Chicago Park District Act; Chicago Park

District; for parks and other purposes.
(70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park
District; for parking lots or garages.
(70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park
District; for harbors.
(70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation
Act; Lincoln Park Commissioners; for land and interests in
land, including riparian rights.
(70 ILCS 1801/30); Alexander-Cairo Port District Act;
Alexander-Cairo Port District; for general purposes.
(70 ILCS 1805/8); Havana Regional Port District Act; Havana
Regional Port District; for general purposes.
(70 ILCS 1810/7); Illinois International Port District Act;
Illinois International Port District; for general
purposes.
(70 ILCS 1815/13); Illinois Valley Regional Port District Act;
Illinois Valley Regional Port District; for general
purposes.
(70 ILCS 1820/4); Jackson-Union Counties Regional Port
District Act; Jackson-Union Counties Regional Port
District; for removal of airport hazards or reduction of
the height of objects or structures.
(70 ILCS 1820/5); Jackson-Union Counties Regional Port
District Act; Jackson-Union Counties Regional Port
District; for general purposes.
(70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet

Regional Port District; for removal of airport hazards.
(70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet
Regional Port District; for reduction of the height of
objects or structures.
(70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet
Regional Port District; for removal of hazards from ports
and terminals.
(70 ILCS 1825/5); Joliet Regional Port District Act; Joliet
Regional Port District; for general purposes.
(70 ILCS 1830/7.1); Kaskaskia Regional Port District Act;
Kaskaskia Regional Port District; for removal of hazards
from ports and terminals.
(70 ILCS 1830/14); Kaskaskia Regional Port District Act;
Kaskaskia Regional Port District; for general purposes.
(70 ILCS 1831/30); Massac-Metropolis Port District Act;
Massac-Metropolis Port District; for general purposes.
(70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act; Mt.
Carmel Regional Port District; for removal of airport
hazards.
(70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act; Mt.
Carmel Regional Port District; for reduction of the height
of objects or structures.
(70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt.
Carmel Regional Port District; for general purposes.
(70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port
District; for general purposes.

(70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca
Regional Port District; for removal of airport hazards.
(70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca
Regional Port District; for reduction of the height of
objects or structures.
(70 ILCS 1845/5); Seneca Regional Port District Act; Seneca
Regional Port District; for general purposes.
(70 ILCS 1850/4); Shawneetown Regional Port District Act;
Shawneetown Regional Port District; for removal of airport
hazards or reduction of the height of objects or
structures.
(70 ILCS 1850/5); Shawneetown Regional Port District Act;
Shawneetown Regional Port District; for general purposes.
(70 ILCS 1855/4); Southwest Regional Port District Act;
Southwest Regional Port District; for removal of airport
hazards or reduction of the height of objects or
structures.
(70 ILCS 1855/5); Southwest Regional Port District Act;
Southwest Regional Port District; for general purposes.
(70 ILCS 1860/4); Tri-City Regional Port District Act; Tri-City
Regional Port District; for removal of airport hazards.
(70 ILCS 1860/5); Tri-City Regional Port District Act; Tri-City
Regional Port District; for the development of facilities.
(70 ILCS 1863/11); Upper Mississippi River International Port
District Act; Upper Mississippi River International Port
District; for general purposes.

(70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port
District; for removal of airport hazards.
(70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port
District; for restricting the height of objects or
structures.
(70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port
District; for the development of facilities.
(70 ILCS 1870/8); White County Port District Act; White County
Port District; for the development of facilities.
(70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad
Terminal Authority (Chicago); for general purposes.
(70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority
Act; Grand Avenue Railroad Relocation Authority; for
general purposes, including quick-take power (now
obsolete).
(70 ILCS 1935/25); Elmwood Park Grade Separation Authority Act;
Elmwood Park Grade Separation Authority; for general
purposes.
(70 ILCS 2105/9b); River Conservancy Districts Act; river
conservancy districts; for general purposes.
(70 ILCS 2105/10a); River Conservancy Districts Act; river
conservancy districts; for corporate purposes.
(70 ILCS 2205/15); Sanitary District Act of 1907; sanitary
districts; for corporate purposes.
(70 ILCS 2205/18); Sanitary District Act of 1907; sanitary
districts; for improvements and works.

(70 ILCS 2205/19); Sanitary District Act of 1907; sanitary
districts; for access to property.
(70 ILCS 2305/8); North Shore Sanitary District Act; North
Shore Sanitary District; for corporate purposes.
(70 ILCS 2305/15); North Shore Sanitary District Act; North
Shore Sanitary District; for improvements.
(70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary
District of Decatur; for carrying out agreements to sell,
convey, or disburse treated wastewater to a private entity.
(70 ILCS 2405/8); Sanitary District Act of 1917; sanitary
districts; for corporate purposes.
(70 ILCS 2405/15); Sanitary District Act of 1917; sanitary
districts; for improvements.
(70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of
1917; sanitary districts; for waterworks.
(70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary
districts; for public sewer and water utility treatment
works.
(70 ILCS 2405/18); Sanitary District Act of 1917; sanitary
districts; for dams or other structures to regulate water
flow.
(70 ILCS 2605/8); Metropolitan Water Reclamation District Act;
Metropolitan Water Reclamation District; for corporate
purposes.
(70 ILCS 2605/16); Metropolitan Water Reclamation District
Act; Metropolitan Water Reclamation District; quick-take

power for improvements.
(70 ILCS 2605/17); Metropolitan Water Reclamation District
Act; Metropolitan Water Reclamation District; for bridges.
(70 ILCS 2605/35); Metropolitan Water Reclamation District
Act; Metropolitan Water Reclamation District; for widening
and deepening a navigable stream.
(70 ILCS 2805/10); Sanitary District Act of 1936; sanitary
districts; for corporate purposes.
(70 ILCS 2805/24); Sanitary District Act of 1936; sanitary
districts; for improvements.
(70 ILCS 2805/26i and 2805/26j); Sanitary District Act of 1936;
sanitary districts; for drainage systems.
(70 ILCS 2805/27); Sanitary District Act of 1936; sanitary
districts; for dams or other structures to regulate water
flow.
(70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary
districts; for water supply.
(70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary
districts; for waterworks.
(70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974;
Metro-East Sanitary District; for corporate purposes.
(70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974;
Metro-East Sanitary District; for access to property.
(70 ILCS 3010/10); Sanitary District Revenue Bond Act; sanitary
districts; for sewerage systems.
(70 ILCS 3205/12); Illinois Sports Facilities Authority Act;

Illinois Sports Facilities Authority; quick-take power for
its corporate purposes (obsolete).
(70 ILCS 3405/16); Surface Water Protection District Act;
surface water protection districts; for corporate
purposes.
(70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago
Transit Authority; for transportation systems.
(70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago
Transit Authority; for general purposes.
(70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago
Transit Authority; for general purposes, including
railroad property.
(70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;
local mass transit districts; for general purposes.
(70 ILCS 3615/2.13); Regional Transportation Authority Act;
Regional Transportation Authority; for general purposes.
(70 ILCS 3705/8 and 3705/12); Public Water District Act; public
water districts; for waterworks.
(70 ILCS 3705/23a); Public Water District Act; public water
districts; for sewerage properties.
(70 ILCS 3705/23e); Public Water District Act; public water
districts; for combined waterworks and sewerage systems.
(70 ILCS 3715/6); Water Authorities Act; water authorities; for
facilities to ensure adequate water supply.
(70 ILCS 3715/27); Water Authorities Act; water authorities;
for access to property.

(75 ILCS 5/4-7); Illinois Local Library Act; boards of library
trustees; for library buildings.
(75 ILCS 16/30-55.80); Public Library District Act of 1991;
public library districts; for general purposes.
(75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate
authorities of city or park district, or board of park
commissioners; for free public library buildings.
(Source: P.A. 96-1000, eff. 7-2-10; 97-333, eff. 8-12-11;
incorporates 96-1522, eff. 2-14-11, and 97-259, eff. 8-5-11;
97-813, eff. 7-13-12; incorporates 98-564, eff. 8-27-13;
revised 11-25-13.)
(735 ILCS 30/15-5-35)
Sec. 15-5-35. Eminent domain powers in ILCS Chapters 605
through 625. The following provisions of law may include
express grants of the power to acquire property by condemnation
or eminent domain:
(605 ILCS 5/4-501); Illinois Highway Code; Department of
Transportation and counties; for highway purposes.
(605 ILCS 5/4-502); Illinois Highway Code; Department of
Transportation; for ditches and drains.
(605 ILCS 5/4-505); Illinois Highway Code; Department of
Transportation; for replacement of railroad and public
utility property taken for highway purposes.
(605 ILCS 5/4-509); Illinois Highway Code; Department of

Transportation; for replacement of property taken for
highway purposes.
(605 ILCS 5/4-510); Illinois Highway Code; Department of
Transportation; for rights-of-way for future highway
purposes.
(605 ILCS 5/4-511); Illinois Highway Code; Department of
Transportation; for relocation of structures taken for
highway purposes.
(605 ILCS 5/5-107); Illinois Highway Code; counties; for county
highway relocation.
(605 ILCS 5/5-801); Illinois Highway Code; counties; for
highway purposes.
(605 ILCS 5/5-802); Illinois Highway Code; counties; for
ditches and drains.
(605 ILCS 5/6-309); Illinois Highway Code; highway
commissioners or county superintendents; for township or
road district roads.
(605 ILCS 5/6-801); Illinois Highway Code; highway
commissioners; for road district or township roads.
(605 ILCS 5/6-802); Illinois Highway Code; highway
commissioners; for ditches and drains.
(605 ILCS 5/8-102); Illinois Highway Code; Department of
Transportation, counties, and municipalities; for limiting
freeway access.
(605 ILCS 5/8-103); Illinois Highway Code; Department of
Transportation, counties, and municipalities; for freeway

purposes.
(605 ILCS 5/8-106); Illinois Highway Code; Department of
Transportation and counties; for relocation of existing
crossings for freeway purposes.
(605 ILCS 5/9-113); Illinois Highway Code; highway
authorities; for utility and other uses in rights-of-ways.
(605 ILCS 5/10-302); Illinois Highway Code; counties; for
bridge purposes.
(605 ILCS 5/10-602); Illinois Highway Code; municipalities;
for ferry and bridge purposes.
(605 ILCS 5/10-702); Illinois Highway Code; municipalities;
for bridge purposes.
(605 ILCS 5/10-901); Illinois Highway Code; Department of
Transportation; for ferry property.
(605 ILCS 10/9); Toll Highway Act; Illinois State Toll Highway
Authority; for toll highway purposes.
(605 ILCS 10/9.5); Toll Highway Act; Illinois State Toll
Highway Authority; for its authorized purposes.
(605 ILCS 10/10); Toll Highway Act; Illinois State Toll Highway
Authority; for property of a municipality or political
subdivision for toll highway purposes.
(605 ILCS 115/14); Toll Bridge Act; counties; for toll bridge
purposes.
(605 ILCS 115/15); Toll Bridge Act; counties; for the purpose
of taking a toll bridge to make it a free bridge.
(605 ILCS 130/80); Public Private Agreements for the Illiana

Expressway Act; Department of Transportation; for the
Illiana Expressway project.
(610 ILCS 5/17); Railroad Incorporation Act; railroad
corporation; for real estate for railroad purposes.
(610 ILCS 5/18); Railroad Incorporation Act; railroad
corporations; for materials for railways.
(610 ILCS 5/19); Railroad Incorporation Act; railways; for land
along highways.
(610 ILCS 70/1); Railroad Powers Act; purchasers and lessees of
railroad companies; for railroad purposes.
(610 ILCS 115/2 and 115/3); Street Railroad Right of Way Act;
street railroad companies; for street railroad purposes.
(615 ILCS 5/19); Rivers, Lakes, and Streams Act; Department of
Natural Resources; for land along public waters for
pleasure, recreation, or sport purposes.
(615 ILCS 10/7.8); Illinois Waterway Act; Department of Natural
Resources; for waterways and appurtenances.
(615 ILCS 15/7); Flood Control Act of 1945; Department of
Natural Resources; for the purposes of the Act.
(615 ILCS 30/9); Illinois and Michigan Canal Management Act;
Department of Natural Resources; for dams, locks, and
improvements.
(615 ILCS 45/10); Illinois and Michigan Canal Development Act;
Department of Natural Resources; for development and
management of the canal.
(620 ILCS 5/72); Illinois Aeronautics Act; Division of

Aeronautics of the Department of Transportation; for
airport purposes.
(620 ILCS 5/73); Illinois Aeronautics Act; Division of
Aeronautics of the Department of Transportation; for
removal of airport hazards.
(620 ILCS 5/74); Illinois Aeronautics Act; Division of
Aeronautics of the Department of Transportation; for
airport purposes.
(620 ILCS 25/33); Airport Zoning Act; Division of Aeronautics
of the Department of Transportation; for air rights.
(620 ILCS 40/2 and 40/3); General County Airport and Landing
Field Act; counties; for airport purposes.
(620 ILCS 40/5); General County Airport and Landing Field Act;
counties; for removing hazards.
(620 ILCS 45/6 and 45/7); County Airport Law of 1943; boards of
directors of airports and landing fields; for airport and
landing field purposes.
(620 ILCS 50/22 and 50/31); County Airports Act; counties; for
airport purposes.
(620 ILCS 50/24); County Airports Act; counties; for removal of
airport hazards.
(620 ILCS 50/26); County Airports Act; counties; for
acquisition of airport protection privileges.
(620 ILCS 52/15); County Air Corridor Protection Act; counties;
for airport zones.
(620 ILCS 55/1); East St. Louis Airport Act; Department of

Transportation; for airport in East St. Louis metropolitan
area.
(620 ILCS 65/15); O'Hare Modernization Act; Chicago; for the
O'Hare modernization program, including quick-take power.
(620 ILCS 75/2-15 and 75/2-90); Public-Private Agreements for
the South Suburban Airport Act; Department of
Transportation; for South Suburban Airport purposes.
(625 ILCS 5/2-105); Illinois Vehicle Code; Secretary of State;
for general purposes.
(625 ILCS 5/18c-7501); Illinois Vehicle Code; rail carriers;
for railroad purposes, including quick-take power.
(Source: P.A. 97-808, eff. 7-13-12; incorporates 98-109, eff.
7-25-13; revised 11-25-13.)
(735 ILCS 30/15-5-47)
Sec. 15-5-47. Eminent domain powers in new Acts. The
following provisions of law may include express grants of the
power to acquire property by condemnation or eminent domain:
(Reserved).
The Elmwood Park Grade Separation Authority Act; Elmwood Park
Grade Separation Authority; for general purposes.
Public-Private Agreements for the South Suburban Airport Act;
Department of Transportation; for South Suburban Airport
purposes.
(Source: P.A. 98-109, eff. 7-25-13; 98-564, eff. 8-27-13;

revised 11-25-13.)
(735 ILCS 30/25-5-45)
Sec. 25-5-45. Quick-take; South Suburban Airport.
Quick-take proceedings under Article 20 may be used by the
Department of Transportation for the purpose of development of
the South Suburban Airport within the boundaries designated on
the map filed with the Secretary of State on May 28, 2013 and
known as file number 98-GA-D01.
(Source: P.A. 98-109, eff. 7-25-13.)
(735 ILCS 30/25-5-50)
Sec. 25-5-50 25-5-45. Quick-take; McHenry County.
Quick-take proceedings under Article 20 may be used for a
period of no longer than one year from the effective date of
this amendatory Act of the 98th General Assembly by McHenry
County for the acquisition of the following described property
for the purpose of public improvements to serve McHenry County:
Route: F.A.U. 168 (Johnsburg Road)
Section: 05-00314-00-WR
County: McHenry Job No.: R-91-005-06
Parcel: 1HK0045
Sta. 58+07.09 To Sta. 58+31.89
Sta. 176+10.72 To Sta. 177+36.15
Owner: JNL-Johnsburg Properties, Inc.

Index No. 09-13-277-001
09-13-277-002
That part of Sub Lot 2 of Lot 28 in Plat Number 3 McHenry,
County Clerk's Plat of Section 13, Township 45 North, Range 8
East of the Third Principal Meridian, according to the plat
thereof recorded May 6, 1902 as document number 14079, in
McHenry County, Illinois, described as follows:
Commencing at the southeast corner of the Northeast Quarter of
said Section 13; thence on an assumed bearing of South 89
degrees 15 minutes 13 seconds West along the south line of the
Northeast Quarter of said Section 13, as monumented and
occupied, a distance of 824.94 feet (825.2 feet, recorded)
(826.0 feet, recorded) to a point of intersection with the
Southerly extension of the east line of the grantor; thence
North 1 degree 20 minutes 53 seconds East along the said
Southerly extension of the east line of the grantor, a distance
of 132.49 feet to the northeasterly right of way line of Chapel
Hill Road recorded January 26, 1932 as document number 100422,
being also the southeast corner of the grantor; thence North 46
degrees 56 minutes 58 seconds West along the said northeasterly
right of way line of Chapel Hill Road and along the
northeasterly right of way line of Chapel Hill Road recorded
January 26, 1932 as document number 100421, a distance of
261.08 feet to the point of beginning; thence continuing North

46 degrees 56 minutes 58 seconds West along the northeasterly
right of way line of Chapel Hill Road recorded as document
number 100421, a distance of 14.94 feet to the east right of
way line of Chapel Hill Road recorded January 26, 1932 as
document number 100420; thence North 2 degrees 09 minutes 50
seconds East along the said east right of way line of Chapel
Hill Road and the Northerly extension thereof, a distance of
64.92 feet (64.91 feet, more or less, recorded) to the center
line of Johnsburg Road; thence North 87 degrees 42 minutes 53
seconds East along the said center line of Johnsburg Road, a
distance of 123.08 feet; thence South 2 degrees 17 minutes 07
seconds East, a distance of 30.00 feet to the south right of
way line of Johnsburg Road according to a Plat of Survey by the
County Surveyor dated October 21, 1952 in Surveyor Book Number
5, page 204; thence South 2 degrees 48 minutes 02 seconds East,
a distance of 1.05 feet; thence westerly 59.83 feet along a
curve to the left having a radius of 987.47 feet, the chord of
said curve bears South 85 degrees 27 minutes 49 seconds West,
59.82 feet; thence South 70 degrees 14 minutes 11 seconds West,
a distance of 47.08 feet; thence South 22 degrees 40 minutes 19
seconds West, a distance of 30.69 feet to the point of
beginning.
Said parcel containing 0.117 acre, more or less, of which 0.086
acre, more or less, was previously dedicated or used for
highway purposes.

(Source: P.A. 98-229, eff. 8-9-13; revised 10-25-13.)
Section 735. The Crime Victims Compensation Act is amended
by changing Section 17 as follows:
(740 ILCS 45/17) (from Ch. 70, par. 87)
Sec. 17. (a) Subrogation.
(a) The Court of Claims may award compensation on the
condition that the applicant subrogate to the State his rights
to collect damages from the assailant or any third party who
may be liable in damages to the applicant. In such a case the
Attorney General may, on behalf of the State, bring an action
against an assailant or third party for money damages, but must
first notify the applicant and give him an opportunity to
participate in the prosecution of the action. The excess of the
amount recovered in such action over the amount of the
compensation offered and accepted or awarded under this Act
plus costs of the action and attorneys' fees actually incurred
shall be paid to the applicant.
(b) Nothing in this Act affects the right of the applicant
to seek civil damages from the assailant and any other party,
but that applicant must give written notice to the Attorney
General within 10 days after the making of a claim or the
filing of an action for such damages, and within 10 days after
the conclusion of the claim or action. The applicant must
attach to the written notice a copy of the complaint,

settlement agreement, jury verdict, or judgment. Failure to
timely notify the Attorney General of such claims and actions
is a willful omission of fact and the applicant thereby becomes
subject to the provisions of Section 20 of this Act.
(c) The State has a charge for the amount of compensation
paid under this Act upon all claims or causes of action against
an assailant and any other party to recover for the injuries or
death of a victim which were the basis for that payment of
compensation. At the time compensation is ordered to be paid
under this Act, the Court of Claims shall give written notice
of this charge to the applicant. The charge attaches to any
verdict or judgment entered and to any money or property which
is recovered on account of the claim or cause of action against
the assailant or any other party after the notice is given. On
petition filed by the Attorney General on behalf of the State
or by the applicant, the circuit court, on written notice to
all interested parties, shall adjudicate the right of the
parties and enforce the charge. This subsection does not affect
the priority of a lien under "AN ACT creating attorney's lien
and for enforcement of same", filed June 16, 1909, as amended.
Only the Court of Claims may reduce the State's lien under
this Act. The Court of Claims may consider the nature and
extent of the injury, economic loss, settlements, hospital
costs, physician costs, attorney's fees and costs, and all
other appropriate costs. The burden of producing evidence
sufficient to support the exercise by the Court of Claims of

its discretion to reduce the amount of a proven charge sought
to be enforced against the recovery shall rest with the party
seeking such reduction. The charges of the State described in
this Section, however, shall take priority over all other liens
and charges existing under the laws of the State of Illinois.
(d) Where compensation is awarded under this Act and the
person receiving same also receives any sum required to be, and
that has not been deducted under Section 10.1, he shall refund
to the State the amount of compensation paid to him which would
have been deducted at the time the award was made.
(e) An amount not to exceed 25% of all money recovered
under subsections (b) or (c) of this Section shall be placed in
the Violent Crime Victims Assistance Fund to assist with costs
related to recovery efforts. "Recovery efforts" means those
activities that are directly attributable to obtaining
restitution, civil suit recoveries, and other reimbursements.
(f) The applicant must give written notice to the Attorney
General within 10 days after an offender is ordered by a court
to pay restitution. The applicant shall attach a copy of the
restitution order or judgment to the written notice. Failure to
timely notify the Attorney General of court-ordered
restitution is a willful omission of fact and the applicant
thereby becomes subject to the provisions of Section 20 of this
Act. The Attorney General may file a written copy of the Court
of Claims' decision awarding crime victims compensation in a
criminal case in which the offender has been ordered to pay

restitution for the victim's expenses incurred as a result of
the same criminal conduct. Upon the filing of the order, the
circuit court clerk shall send restitution payments directly to
the compensation program for any paid expense reflected in the
Court of Claims' decision.
(Source: P.A. 97-817, eff. 1-1-13; revised 11-12-13.)
Section 740. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Section 12.2 as follows:
(740 ILCS 110/12.2) (from Ch. 91 1/2, par. 812.2)
Sec. 12.2. (a) When a recipient who has been judicially or
involuntarily admitted, or is a forensic recipient admitted to
a developmental disability or mental health facility, as
defined in Section 1-107 or 1-114 of the Mental Health and
Developmental Disabilities Code, is on an unauthorized absence
or otherwise has left the facility without being discharged or
being free to do so, the facility director shall immediately
furnish and disclose to the appropriate local law enforcement
agency identifying information, as defined in this Section, and
all further information unrelated to the diagnosis, treatment
or evaluation of the recipient's mental or physical health that
would aid the law enforcement agency in locating and
apprehending the recipient and returning him to the facility.
When a forensic recipient is on an unauthorized absence or

otherwise has left the facility without being discharged or
being free to do so, the facility director, or designee, of a
mental health facility or developmental facility operated by
the Department shall also immediately notify, in like manner,
the Department of State Police.
(b) If a law enforcement agency requests information from a
developmental disability or mental health facility, as defined
in Section 1-107 or 1-114 of the Mental Health and
Developmental Disabilities Code, relating to a recipient who
has been admitted to the facility and for whom a missing person
report has been filed with a law enforcement agency, the
facility director shall, except in the case of a voluntary
recipient wherein the recipient's permission in writing must
first be obtained, furnish and disclose to the law enforcement
agency identifying information as is necessary to confirm or
deny whether that person is, or has been since the missing
person report was filed, a resident of that facility. The
facility director shall notify the law enforcement agency if
the missing person is admitted after the request. Any person
participating in good faith in the disclosure of information in
accordance with this provision shall have immunity from any
liability, civil, criminal, or otherwise, if the information is
disclosed relying upon the representation of an officer of a
law enforcement agency that a missing person report has been
filed.
(c) Upon the request of a law enforcement agency in

connection with the investigation of a particular felony or sex
offense, when the investigation case file number is furnished
by the law enforcement agency, a facility director shall
immediately disclose to that law enforcement agency
identifying information on any forensic recipient who is
admitted to a developmental disability or mental health
facility, as defined in Section 1-107 or 1-114 of the Mental
Health and Developmental Disabilities Code, who was or may have
been away from the facility at or about the time of the
commission of a particular felony or sex offense, and: (1)
whose description, clothing, or both reasonably match the
physical description of any person allegedly involved in that
particular felony or sex offense; or (2) whose past modus
operandi matches the modus operandi of that particular felony
or sex offense.
(d) For the purposes of this Section and Section 12.1, "law
enforcement agency" means an agency of the State or unit of
local government that is vested by law or ordinance with the
duty to maintain public order and to enforce criminal laws or
ordinances, the Federal Bureau of Investigation, the Central
Intelligence Agency, and the United States Secret Service.
(e) For the purpose of this Section, "identifying
information" means the name, address, age, and a physical
description, including clothing, of the recipient of services,
the names and addresses of the recipient's nearest known
relatives, where the recipient was known to have been during

any past unauthorized absences from a facility, whether the
recipient may be suicidal, and the condition of the recipient's
physical health as it relates to exposure to the weather.
Except as provided in Section 11, in no case shall the facility
director disclose to the law enforcement agency any information
relating to the diagnosis, treatment, or evaluation of the
recipient's mental or physical health, unless the disclosure is
deemed necessary by the facility director to insure the safety
of the investigating officers or general public.
(f) For the purpose of this Section, "forensic recipient"
means a recipient who is placed in a developmental disability
facility or mental health facility, as defined in Section 1-107
or 1-114 of the Mental Health and Developmental Disabilities
Code, pursuant to Article 104 of the Code of Criminal Procedure
of 1963 or Sections 3-8-5, 3-10-5 or 5-2-4 of the Unified Code
of Corrections.
(Source: P.A. 96-1191, eff. 7-22-10; revised 11-22-13.)
Section 745. The Illinois Parentage Act of 1984 is amended
by changing Section 15 as follows:
(750 ILCS 45/15) (from Ch. 40, par. 2515)
Sec. 15. Enforcement of Judgment or Order.
(a) If existence of the parent and child relationship is
declared, or paternity or duty of support has been established
under this Act or under prior law or under the law of any other

jurisdiction, the judgment rendered thereunder may be enforced
in the same or other proceedings by any party or any person or
agency that has furnished or may furnish financial assistance
or services to the child. The Income Withholding for Support
Act and Sections 14 and 16 of this Act shall also be applicable
with respect to entry, modification and enforcement of any
support judgment entered under provisions of the "Paternity
Act", approved July 5, 1957, as amended, repealed July 1, 1985.
(b) Failure to comply with any order of the court shall be
punishable as contempt as in other cases of failure to comply
under the "Illinois Marriage and Dissolution of Marriage Act",
as now or hereafter amended. In addition to other penalties
provided by law, the court may, after finding the party guilty
of contempt, order that the party be:
(1) Placed on probation with such conditions of
probation as the court deems advisable;
(2) Sentenced to periodic imprisonment for a period not
to exceed 6 months. However, the court may permit the party
to be released for periods of time during the day or night
to work or conduct business or other self-employed
occupation. The court may further order any part of all the
earnings of a party during a sentence of periodic
imprisonment to be paid to the Clerk of the Circuit Court
or to the person or parent having custody of the minor
child for the support of said child until further order of
the court.

(c) (2.5) The court may also pierce the ownership veil of a
person, persons, or business entity to discover assets of a
non-custodial parent held in the name of that person, those
persons, or that business entity if there is a unity of
interest and ownership sufficient to render no financial
separation between the non-custodial parent and that person,
those persons, or the business entity. The following
circumstances are sufficient for a court to order discovery of
the assets of a person, persons, or business entity and to
compel the application of any discovered assets toward payment
on the judgment for support:
(1) The (A) the non-custodial parent and the person,
persons, or business entity maintain records together.
(2) The (B) the non-custodial parent and the person,
persons, or business entity fail to maintain an arms length
relationship between themselves with regard to any assets.
(3) The (C) the non-custodial parent transfers assets
to the person, persons, or business entity with the intent
to perpetrate a fraud on the custodial parent.
With respect to assets which are real property, no order
entered under this subsection (c) subdivision (2.5) shall
affect the rights of bona fide purchasers, mortgagees, judgment
creditors, or other lien holders who acquire their interests in
the property prior to the time a notice of lis pendens pursuant
to the Code of Civil Procedure or a copy of the order is placed
of record in the office of the recorder of deeds for the county

in which the real property is located.
(d) (3) The court may also order that, in cases where the
party is 90 days or more delinquent in payment of support or
has been adjudicated in arrears in an amount equal to 90 days
obligation or more, that the party's Illinois driving
privileges be suspended until the court determines that the
party is in compliance with the judgement or duty of support.
The court may also order that the parent be issued a family
financial responsibility driving permit that would allow
limited driving privileges for employment and medical purposes
in accordance with Section 7-702.1 of the Illinois Vehicle
Code. The clerk of the circuit court shall certify the order
suspending the driving privileges of the parent or granting the
issuance of a family financial responsibility driving permit to
the Secretary of State on forms prescribed by the Secretary.
Upon receipt of the authenticated documents, the Secretary of
State shall suspend the party's driving privileges until
further order of the court and shall, if ordered by the court,
subject to the provisions of Section 7-702.1 of the Illinois
Vehicle Code, issue a family financial responsibility driving
permit to the parent.
(e) In addition to the penalties or punishment that may be
imposed under this Section, any person whose conduct
constitutes a violation of Section 15 of the Non-Support
Punishment Act may be prosecuted under that Act, and a person
convicted under that Act may be sentenced in accordance with

that Act. The sentence may include but need not be limited to a
requirement that the person perform community service under
Section 50 of that Act or participate in a work alternative
program under Section 50 of that Act. A person may not be
required to participate in a work alternative program under
Section 50 of that Act if the person is currently participating
in a work program pursuant to Section 15.1 of this Act.
(f) (b-5) If a party who is found guilty of contempt for a
failure to comply with an order to pay support is a person who
conducts a business or who is self-employed, the court may in
addition to other penalties provided by law order that the
party do one or more of the following: (i) provide to the court
monthly financial statements showing income and expenses from
the business or the self-employment; (ii) seek employment and
report periodically to the court with a diary, listing, or
other memorandum of his or her employment search efforts; or
(iii) report to the Department of Employment Security for job
search services to find employment that will be subject to
withholding of child support.
(g) (c) In any post-judgment proceeding to enforce or
modify the judgment the parties shall continue to be designated
as in the original proceeding.
(Source: P.A. 97-1029, eff. 1-1-13; revised 11-22-13.)
Section 750. 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 or marriage:
parent, grand-parent, brother, sister, step-parent,
step-grandparent, step-brother, step-sister, uncle, aunt,
great-uncle, great-aunt, or cousin of first degree. A child
whose parent has executed a final irrevocable consent to
adoption or a final irrevocable surrender for purposes of
adoption, or whose parent has had his or her parental rights
terminated, is not a related child to that person, unless the
consent is determined to be void or is void pursuant to
subsection O of Section 10.
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 5 of the Juvenile Court Act of 1987 shall
be considered a criminal conviction for the purpose of
applying any presumption under this item (f).
(g) Failure to protect the child from conditions within
his environment injurious to the child's welfare.
(h) Other neglect of, or misconduct toward the child;
provided that in making a finding of unfitness the court
hearing the adoption proceeding shall not be bound by any
previous finding, order or judgment affecting or
determining the rights of the parents toward the child
sought to be adopted in any other proceeding except such
proceedings terminating parental rights as shall be had
under either this Act, the Juvenile Court Act or the
Juvenile Court Act of 1987.
(i) Depravity. Conviction of any one of the following
crimes shall create a presumption that a parent is depraved
which can be overcome only by clear and convincing
evidence: (1) first degree murder in violation of paragraph

1 or 2 of subsection (a) of Section 9-1 of the Criminal
Code of 1961 or the Criminal Code of 2012 or conviction of
second degree murder in violation of subsection (a) of
Section 9-2 of the Criminal Code of 1961 or the Criminal
Code of 2012 of a parent of the child to be adopted; (2)
first degree murder or second degree murder of any child in
violation of the Criminal Code of 1961 or the Criminal Code
of 2012; (3) attempt or conspiracy to commit first degree
murder or second degree murder of any child in violation of
the Criminal Code of 1961 or the Criminal Code of 2012; (4)
solicitation to commit murder of any child, solicitation to
commit murder of any child for hire, or solicitation to
commit second degree murder of any child in violation of
the Criminal Code of 1961 or the Criminal Code of 2012; (5)
predatory criminal sexual assault of a child in violation
of Section 11-1.40 or 12-14.1 of the Criminal Code of 1961
or the Criminal Code of 2012; (6) heinous battery of any
child in violation of the Criminal Code of 1961; or (7)
aggravated battery of any child in violation of the
Criminal Code of 1961 or the Criminal Code of 2012.
There is a rebuttable presumption that a parent is
depraved if the parent has been criminally convicted of at
least 3 felonies under the laws of this State or any other
state, or under federal law, or the criminal laws of any
United States territory; and at least one of these
convictions took place within 5 years of the filing of the

petition or motion seeking termination of parental rights.
There is a rebuttable presumption that a parent is
depraved if that parent has been criminally convicted of
either first or second degree murder of any person as
defined in the Criminal Code of 1961 or the Criminal Code
of 2012 within 10 years of the filing date of the petition
or motion to terminate parental rights.
No conviction or finding of delinquency pursuant to
Article 5 of the Juvenile Court Act of 1987 shall be
considered a criminal conviction for the purpose of
applying any presumption under this item (i).
(j) Open and notorious adultery or fornication.
(j-1) (Blank).
(k) Habitual drunkenness or addiction to drugs, other
than those prescribed by a physician, for at least one year
immediately prior to the commencement of the unfitness
proceeding.
There is a rebuttable presumption that a parent is
unfit under this subsection with respect to any child to
which that parent gives birth where there is a confirmed
test result that at birth the child's blood, urine, or
meconium contained any amount of a controlled substance as
defined in subsection (f) of Section 102 of the Illinois
Controlled Substances Act or metabolites of such
substances, the presence of which in the newborn infant was
not the result of medical treatment administered to the

mother or the newborn infant; and the biological mother of
this child is the biological mother of at least one other
child who was adjudicated a neglected minor under
subsection (c) of Section 2-3 of the Juvenile Court Act of
1987.
(l) Failure to demonstrate a reasonable degree of
interest, concern or responsibility as to the welfare of a
new born child during the first 30 days after its birth.
(m) Failure by a parent (i) to make reasonable efforts
to correct the conditions that were the basis for the
removal of the child from the parent during any 9-month
period following the adjudication of neglected or abused
minor under Section 2-3 of the Juvenile Court Act of 1987
or dependent minor under Section 2-4 of that Act, or (ii)
to make reasonable progress toward the return of the child
to the parent during any 9-month period following the
adjudication of neglected or abused minor under Section 2-3
of the Juvenile Court Act of 1987 or dependent minor under
Section 2-4 of that Act. If a service plan has been
established as required under Section 8.2 of the Abused and
Neglected Child Reporting Act to correct the conditions
that were the basis for the removal of the child from the
parent and if those services were available, then, for
purposes of this Act, "failure to make reasonable progress
toward the return of the child to the parent" includes the
parent's failure to substantially fulfill his or her

obligations under the service plan and correct the
conditions that brought the child into care during any
9-month period following the adjudication under Section
2-3 or 2-4 of the Juvenile Court Act of 1987.
Notwithstanding any other provision, when a petition or
motion seeks to terminate parental rights on the basis of
item (ii) of this subsection (m), the petitioner shall file
with the court and serve on the parties a pleading that
specifies the 9-month period or periods relied on. The
pleading shall be filed and served on the parties no later
than 3 weeks before the date set by the court for closure
of discovery, and the allegations in the pleading shall be
treated as incorporated into the petition or motion.
Failure of a respondent to file a written denial of the
allegations in the pleading shall not be treated as an
admission that the allegations are true.
(m-1) Pursuant to the Juvenile Court Act of 1987, a
child has been in foster care for 15 months out of any 22
month period which begins on or after the effective date of
this amendatory Act of 1998 unless the child's parent can
prove by a preponderance of the evidence that it is more
likely than not that it will be in the best interests of
the child to be returned to the parent within 6 months of
the date on which a petition for termination of parental
rights is filed under the Juvenile Court Act of 1987. The
15 month time limit is tolled during any period for which

there is a court finding that the appointed custodian or
guardian failed to make reasonable efforts to reunify the
child with his or her family, provided that (i) the finding
of no reasonable efforts is made within 60 days of the
period when reasonable efforts were not made or (ii) the
parent filed a motion requesting a finding of no reasonable
efforts within 60 days of the period when reasonable
efforts were not made. For purposes of this subdivision
(m-1), the date of entering foster care is the earlier of:
(i) the date of a judicial finding at an adjudicatory
hearing that the child is an abused, neglected, or
dependent minor; or (ii) 60 days after the date on which
the child is removed from his or her parent, guardian, or
legal custodian.
(n) Evidence of intent to forgo his or her parental
rights, whether or not the child is a ward of the court,
(1) as manifested by his or her failure for a period of 12
months: (i) to visit the child, (ii) to communicate with
the child or agency, although able to do so and not
prevented from doing so by an agency or by court order, or
(iii) to maintain contact with or plan for the future of
the child, although physically able to do so, or (2) as
manifested by the father's failure, where he and the mother
of the child were unmarried to each other at the time of
the child's birth, (i) to commence legal proceedings to
establish his paternity under the Illinois Parentage Act of

1984 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 the father or mother of a lawful child of
the parties or child born out of wedlock. For the purpose of
this Act, a person who has executed a final and irrevocable
consent to adoption or a final and irrevocable surrender for
purposes of adoption, or whose parental rights have been
terminated by a court, is not a parent of the child who was the
subject of the consent or surrender, unless the consent is void
pursuant to subsection O of Section 10.
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. "Adoption disruption" occurs when an adoptive placement
does not prove successful and it becomes necessary for the
child to be removed from placement before the adoption is
finalized.
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. "Intercountry Adoption Coordinator" means a staff
person of the Department of Children and Family Services
appointed by the Director to coordinate the provision of
services related to an intercountry adoption.
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).
U. "Interstate adoption" means the placement of a minor

child with a prospective adoptive parent for the purpose of
pursuing an adoption for that child that is subject to the
provisions of the Interstate Compact on Placement of Children.
V. "Endorsement letter" means the letter issued by the
Department of Children and Family Services to document that a
prospective adoptive parent has met preadoption requirements
and has been deemed suitable by the Department to adopt a child
who is the subject of an intercountry adoption.
W. "Denial letter" means the letter issued by the
Department of Children and Family Services to document that a
prospective adoptive parent has not met preadoption
requirements and has not been deemed suitable by the Department
to adopt a child who is the subject of an intercountry
adoption.
(Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13;
97-1150, eff. 1-25-13; 98-455, eff. 1-1-14; 98-532, eff.
1-1-14; revised 9-24-13.)
Section 755. The Illinois Religious Freedom Protection and
Civil Union Act is amended by changing Section 25 as follows:
(750 ILCS 75/25)
Sec. 25. Prohibited civil unions. The following civil
unions are prohibited:
(1) a civil union entered into prior to both parties
attaining 18 years of age;

(2) a civil union entered into prior to the dissolution
of a marriage or civil union or substantially similar legal
relationship of one of the parties;
(3) a civil union between an ancestor and a descendant
descendent or between siblings whether the relationship is
by the half or the whole blood or by adoption;
(4) a civil union between an aunt or uncle and a niece
or nephew, whether the relationship is by the half or the
whole blood or by adoption; and
(5) a civil union between first cousins.
(Source: P.A. 96-1513, eff. 6-1-11; revised 11-22-13.)
Section 760. The Probate Act of 1975 is amended by changing
Sections 11a-10 and 11a-23 as follows:
(755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
Sec. 11a-10. Procedures preliminary to hearing.
(a) Upon the filing of a petition pursuant to Section
11a-8, the court shall set a date and place for hearing to take
place within 30 days. The court shall appoint a guardian ad
litem to report to the court concerning the respondent's best
interests consistent with the provisions of this Section,
except that the appointment of a guardian ad litem shall not be
required when the court determines that such appointment is not
necessary for the protection of the respondent or a reasonably
informed decision on the petition. If the guardian ad litem is

not a licensed attorney, he or she shall be qualified, by
training or experience, to work with or advocate for the
developmentally disabled, mentally ill, physically disabled,
the elderly, or persons disabled because of mental
deterioration, depending on the type of disability that is
alleged in the petition. The court may allow the guardian ad
litem reasonable compensation. The guardian ad litem may
consult with a person who by training or experience is
qualified to work with persons with a developmental disability,
persons with mental illness, or physically disabled persons, or
persons disabled because of mental deterioration, depending on
the type of disability that is alleged. The guardian ad litem
shall personally observe the respondent prior to the hearing
and shall inform him orally and in writing of the contents of
the petition and of his rights under Section 11a-11. The
guardian ad litem shall also attempt to elicit the respondent's
position concerning the adjudication of disability, the
proposed guardian, a proposed change in residential placement,
changes in care that might result from the guardianship, and
other areas of inquiry deemed appropriate by the court.
Notwithstanding any provision in the Mental Health and
Developmental Disabilities Confidentiality Act or any other
law, a guardian ad litem shall have the right to inspect and
copy any medical or mental health record of the respondent
which the guardian ad litem deems necessary, provided that the
information so disclosed shall not be utilized for any other

purpose nor be redisclosed except in connection with the
proceedings. At or before the hearing, the guardian ad litem
shall file a written report detailing his or her observations
of the respondent, the responses of the respondent to any of
the inquires detailed in this Section, the opinion of the
guardian ad litem or other professionals with whom the guardian
ad litem consulted concerning the appropriateness of
guardianship, and any other material issue discovered by the
guardian ad litem. The guardian ad litem shall appear at the
hearing and testify as to any issues presented in his or her
report.
(b) The court (1) may appoint counsel for the respondent,
if the court finds that the interests of the respondent will be
best served by the appointment, and (2) shall appoint counsel
upon respondent's request or if the respondent takes a position
adverse to that of the guardian ad litem. The respondent shall
be permitted to obtain the appointment of counsel either at the
hearing or by any written or oral request communicated to the
court prior to the hearing. The summons shall inform the
respondent of this right to obtain appointed counsel. The court
may allow counsel for the respondent reasonable compensation.
(c) If the respondent is unable to pay the fee of the
guardian ad litem or appointed counsel, or both, the court may
enter an order for the petitioner to pay all such fees or such
amounts as the respondent or the respondent's estate may be
unable to pay. However, in cases where the Office of State

Guardian is the petitioner, consistent with Section 30 of the
Guardianship and Advocacy Act, where the public guardian is the
petitioner, consistent with Section 13-5 of the Probate Act of
1975, where an adult protective services agency is the
petitioner, pursuant to Section 9 of the Adult Protective
Services Act, or where the Department of Children and Family
Services is the petitioner under subparagraph (d) of subsection
(1) of Section 2-27 of the Juvenile Court Act of 1987, no
guardian ad litem or legal fees shall be assessed against the
Office of State Guardian, the public guardian, or the adult
protective services agency, or the Department of Children and
Family Services.
(d) The hearing may be held at such convenient place as the
court directs, including at a facility in which the respondent
resides.
(e) Unless he is the petitioner, the respondent shall be
personally served with a copy of the petition and a summons not
less than 14 days before the hearing. The summons shall be
printed in large, bold type and shall include the following
notice:
NOTICE OF RIGHTS OF RESPONDENT
You have been named as a respondent in a guardianship
petition asking that you be declared a disabled person. If the
court grants the petition, a guardian will be appointed for
you. A copy of the guardianship petition is attached for your
convenience.

The date and time of the hearing are:
The place where the hearing will occur is:
The Judge's name and phone number is:
If a guardian is appointed for you, the guardian may be
given the right to make all important personal decisions for
you, such as where you may live, what medical treatment you may
receive, what places you may visit, and who may visit you. A
guardian may also be given the right to control and manage your
money and other property, including your home, if you own one.
You may lose the right to make these decisions for yourself.
You have the following legal rights:
(1) You have the right to be present at the court
hearing.
(2) You have the right to be represented by a lawyer,
either one that you retain, or one appointed by the Judge.
(3) You have the right to ask for a jury of six persons
to hear your case.
(4) You have the right to present evidence to the court
and to confront and cross-examine witnesses.
(5) You have the right to ask the Judge to appoint an
independent expert to examine you and give an opinion about
your need for a guardian.
(6) You have the right to ask that the court hearing be
closed to the public.
(7) You have the right to tell the court whom you
prefer to have for your guardian.

You do not have to attend the court hearing if you do not
want to be there. If you do not attend, the Judge may appoint a
guardian if the Judge finds that a guardian would be of benefit
to you. The hearing will not be postponed or canceled if you do
not attend.
IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY OTHER
PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
TELL THE JUDGE.
Service of summons and the petition may be made by a
private person 18 years of age or over who is not a party to the
action.
(f) Notice of the time and place of the hearing shall be
given by the petitioner by mail or in person to those persons,
including the proposed guardian, whose names and addresses
appear in the petition and who do not waive notice, not less
than 14 days before the hearing.
(Source: P.A. 97-375, eff. 8-15-11; 97-1095, eff. 8-24-12;
98-49, eff. 7-1-13; 98-89, eff. 7-15-13; revised 9-24-13.)
(755 ILCS 5/11a-23)
Sec. 11a-23. Reliance on authority of guardian, standby
guardian, short-term guardian.
(a) For the purpose of this Section, "guardian", "standby

guardian", and "short-term guardian" includes temporary,
plenary, or limited guardians of all wards.
(b) Every health care provider and other person (reliant)
has the right to rely on any decision or direction made by the
guardian, standby guardian, or short-term guardian that is not
clearly contrary to the law, to the same extent and with the
same effect as though the decision or direction had been made
or given by the ward. Any person dealing with the guardian,
standby guardian, or short-term guardian may presume in the
absence of actual knowledge to the contrary that the acts of
the guardian, standby guardian, or short-term guardian conform
to the provisions of the law. A reliant shall not be protected
if the reliant has actual knowledge that the guardian, standby
guardian, or short-term guardian is not entitled to act or that
any particular action or inaction is contrary to the provisions
of the law.
(c) A health care provider (provider) who relies on and
carries out a guardian's, standby guardian's, or short-term
guardian's directions and who acts with due care and in
accordance with the law shall not be subject to any claim based
on lack of consent, or to criminal prosecution, or to
discipline for unprofessional conduct. Nothing in this Section
shall be deemed to protect a provider from liability for the
provider's own negligence in the performance of the provider's
duties or in carrying out any instructions of the guardian,
standby guardian, or short-term guardian, and nothing in this

Section shall be deemed to alter the law of negligence as it
applies to the acts of any guardian or provider.
(d) A guardian, standby guardian, or short-term short term
guardian, who acts or refrains from acting is not subject to
criminal prosecution or any claim based upon lack of his or her
authority or failure to act, if the act or failure to act was
with due care and in accordance with law. The guardian, standby
guardian, or short-term short term guardian, shall not be
liable merely because he or she may benefit from the act, has
individual or conflicting interests in relation to the care and
affairs of the ward, or acts in a different manner with respect
to the guardian's, standby guardian's, or short-term
guardian's own care or interests.
(Source: P.A. 89-438, eff. 12-15-95; 90-796, eff. 12-15-98;
revised 11-22-13.)
Section 765. The Illinois Power of Attorney Act is amended
by changing Sections 2-7 and 2-10 as follows:
(755 ILCS 45/2-7) (from Ch. 110 1/2, par. 802-7)
Sec. 2-7. Duty - standard of care - record-keeping -
exoneration.
(a) The agent shall be under no duty to exercise the powers
granted by the agency or to assume control of or responsibility
for any of the principal's property, care or affairs,
regardless of the principal's physical or mental condition.

Whenever a power is exercised, the agent shall act in good
faith for the benefit of the principal using due care,
competence, and diligence in accordance with the terms of the
agency and shall be liable for negligent exercise. An agent who
acts with due care for the benefit of the principal shall not
be liable or limited merely because the agent also benefits
from the act, has individual or conflicting interests in
relation to the property, care or affairs of the principal or
acts in a different manner with respect to the agency and the
agent's individual interests. The agent shall not be affected
by any amendment or termination of the agency until the agent
has actual knowledge thereof. The agent shall not be liable for
any loss due to error of judgment nor for the act or default of
any other person.
(b) An agent that has accepted appointment must act in
accordance with the principal's expectations to the extent
actually known to the agent and otherwise in the principal's
best interests.
(c) An agent shall keep a record of all receipts,
disbursements, and significant actions taken under the
authority of the agency and shall provide a copy of this record
when requested to do so by:
(1) the principal, a guardian, another fiduciary
acting on behalf of the principal, and, after the death of
the principal, the personal representative or successors
in interest of the principal's estate;

(2) a representative of a provider agency, as defined
in Section 2 of the Adult Protective Services Act, acting
in the course of an assessment of a complaint of elder
abuse or neglect under that Act;
(3) a representative of the Office of the State Long
Term Care Ombudsman, acting in the course of an
investigation of a complaint of financial exploitation of a
nursing home resident under Section 4.04 of the Illinois
Act on the Aging;
(4) a representative of the Office of Inspector General
for the Department of Human Services, acting in the course
of an assessment of a complaint of financial exploitation
of an adult with disabilities pursuant to Section 35 of the
Abuse of Adults with Disabilities Intervention Act;
(5) a court under Section 2-10 of this Act; or
(6) a representative of the Office of State Guardian or
public guardian for the county in which the principal
resides acting in the course of investigating whether to
file a petition for guardianship of the principal under
Section 11a-4 or 11a-8 of the Probate Act of 1975.
(d) If the agent fails to provide his or her record of all
receipts, disbursements, and significant actions within 21
days after a request under subsection (c), the adult abuse
provider agency, the State Guardian, the public guardian, or
the State Long Term Care Ombudsman may petition the court for
an order requiring the agent to produce his or her record of

receipts, disbursements, and significant actions. If the court
finds that the agent's failure to provide his or her record in
a timely manner to the adult abuse provider agency, the State
Guardian, the public guardian, or the State Long Term Care
Ombudsman was without good cause, the court may assess
reasonable costs and attorney's fees against the agent, and
order such other relief as is appropriate.
(e) An agent is not required to disclose receipts,
disbursements, or other significant actions conducted on
behalf of the principal except as otherwise provided in the
power of attorney or as required under subsection (c).
(f) An agent that violates this Act is liable to the
principal or the principal's successors in interest for the
amount required (i) to restore the value of the principal's
property to what it would have been had the violation not
occurred, and (ii) to reimburse the principal or the
principal's successors in interest for the attorney's fees and
costs paid on the agent's behalf. This subsection does not
limit any other applicable legal or equitable remedies.
(Source: P.A. 98-49, eff. 7-1-13; 98-562, eff. 8-27-13; revised
9-24-13.)
(755 ILCS 45/2-10) (from Ch. 110 1/2, par. 802-10)
Sec. 2-10. Agency-court relationship.
(a) Upon petition by any interested person (including the
agent), with such notice to interested persons as the court

directs and a finding by the court that the principal lacks
either the capacity to control or the capacity to revoke the
agency, the court may construe a power of attorney, review the
agent's conduct, and grant appropriate relief including
compensatory damages.
(b) If the court finds that the agent is not acting for the
benefit of the principal in accordance with the terms of the
agency or that the agent's action or inaction has caused or
threatens substantial harm to the principal's person or
property in a manner not authorized or intended by the
principal, the court may order a guardian of the principal's
person or estate to exercise any powers of the principal under
the agency, including the power to revoke the agency, or may
enter such other orders without appointment of a guardian as
the court deems necessary to provide for the best interests of
the principal.
(c) If the court finds that the agency requires
interpretation, the court may construe the agency and instruct
the agent, but the court may not amend the agency.
(d) If the court finds that the agent has not acted for the
benefit of the principal in accordance with the terms of the
agency and the Illinois Power of Attorney Act, or that the
agent's action caused or threatened substantial harm to the
principal's person or property in a manner not authorized or
intended by the principal, then the agent shall not be
authorized to pay or be reimbursed from the estate of the

principal the attorneys' fees and costs of the agent in
defending a proceeding brought pursuant to this Section.
(e) Upon a finding that the agent's action has caused
substantial harm to the principal's person or property, the
court may assess against the agent reasonable costs and
attorney's fees to a prevailing party who is a provider agency
as defined in Section 2 of the Adult Protective Services Act, a
representative of the Office of the State Long Term Care
Ombudsman, the State Guardian, a public guardian, or a
governmental agency having regulatory authority to protect the
welfare of the principal.
(f) As used in this Section, the term "interested person"
includes (1) the principal or the agent; (2) a guardian of the
person, guardian of the estate, or other fiduciary charged with
management of the principal's property; (3) the principal's
spouse, parent, or descendant; (4) a person who would be a
presumptive heir-at-law of the principal; (5) a person named as
a beneficiary to receive any property, benefit, or contractual
right upon the principal's death, or as a beneficiary of a
trust created by or for the principal; (6) a provider agency as
defined in Section 2 of the Adult Protective Services Act, a
representative of the Office of the State Long Term Care
Ombudsman, the State Guardian, a public guardian, or a
governmental agency having regulatory authority to protect the
welfare of the principal; and (7) the principal's caregiver or
another person who demonstrates sufficient interest in the

principal's welfare.
(g) Absent court order directing a guardian to exercise
powers of the principal under the agency, a guardian will have
no power, duty or liability with respect to any property
subject to the agency or any personal or health care matters
covered by the agency.
(h) Proceedings under this Section shall be commenced in
the county where the guardian was appointed or, if no Illinois
guardian is acting, then in the county where the agent or
principal resides or where the principal owns real property.
(i) This Section shall not be construed to limit any other
remedies available.
(Source: P.A. 98-49, eff. 7-1-13; 98-562, eff. 8-27-13; revised
9-24-13.)
Section 770. The Illinois Anatomical Gift Act is amended by
changing Section 1-10 as follows:
(755 ILCS 50/1-10) (was 755 ILCS 50/2)
Sec. 1-10. Definitions.
"Close friend" means any person 18 years of age or older
who has exhibited special care and concern for the decedent and
who presents an affidavit to the decedent's attending
physician, or the hospital administrator or his or her
designated representative, stating that he or she (i) was a
close friend of the decedent, (ii) is willing and able to

authorize the donation, and (iii) maintained such regular
contact with the decedent as to be familiar with the decedent's
health and social history, and religious and moral beliefs. The
affidavit must also state facts and circumstances that
demonstrate that familiarity.
"Death" means, for the purposes of the Act, when, according
to accepted medical standards, there is (i) an irreversible
cessation of circulatory and respiratory functions; or (ii) an
irreversible cessation of all functions of the entire brain,
including the brain stem.
"Decedent" means a deceased individual and includes a
stillborn infant or fetus.
"Disinterested witness" means a witness other than the
spouse, child, parent, sibling, grandchild, grandparent, or
guardian of the individual who makes, amends, revokes, or
refuses to make an anatomical gift, or another adult who
exhibited special care and concern for the individual. The term
does not include a person to whom an anatomical gift could pass
under Section 5-12.
"Document of gift" means a donor card or other record used
to make an anatomical gift. The term includes a donor registry.
"Donee" means the individual designated by the donor as the
intended recipient or an entity which receives the anatomical
gift, including, but not limited to, a hospital; an accredited
medical school, dental school, college, or university; an organ
procurement organization; an eye bank; a tissue bank; for

research or education, a non-transplant anatomic bank; or other
appropriate person.
"Donor" means an individual whose body or part is the
subject of an anatomical gift..
"Hospital" means a hospital licensed, accredited or
approved under the laws of any state; and includes a hospital
operated by the United States government, a state, or a
subdivision thereof, although not required to be licensed under
state laws.
"Non-transplant anatomic bank" means any facility or
program operating or providing services in this State that is
accredited by the American Association of Tissue Banks and that
is involved in procuring, furnishing, or distributing whole
bodies or parts for the purpose of medical education. For
purposes of this Section, a non-transplant anatomic bank
operating under the auspices of a hospital, accredited medical
school, dental school, college or university, or federally
designated organ procurement organization is not required to be
accredited by the American Association of Tissue Banks.
"Organ" means a human kidney, liver, heart, lung, pancreas,
small bowel, or other transplantable vascular body part as
determined by the Organ Procurement and Transplantation
Network, as periodically selected by the U.S. Department of
Health and Human Services.
"Organ procurement organization" means the organ
procurement organization designated by the Secretary of the

U.S. Department of Health and Human Services for the service
area in which a hospital is located, or the organ procurement
organization for which the Secretary of the U.S. Department of
Health and Human Services has granted the hospital a waiver
pursuant to 42 U.S.C. 1320b-8(a).
"Part" means organs, tissues, eyes, bones, arteries,
blood, other fluids and any other portions of a human body.
"Person" means an individual, corporation, government or
governmental subdivision or agency, business trust, estate,
trust, partnership or association or any other legal entity.
"Physician" or "surgeon" means a physician or surgeon
licensed or authorized to practice medicine in all of its
branches under the laws of any state.
"Procurement organization" means an organ procurement
organization or a tissue bank.
"Reasonably available for the giving of consent or refusal"
means being able to be contacted by a procurement organization
without undue effort and being willing and able to act in a
timely manner consistent with existing medical criteria
necessary for the making of an anatomical gift.
"Recipient" means an individual into whose body a donor's
part has been or is intended to be transplanted.
"State" includes any state, district, commonwealth,
territory, insular possession, and any other area subject to
the legislative authority of the United States of America.
"Technician" means an individual trained and certified to

remove tissue, by a recognized medical training institution in
the State of Illinois.
"Tissue" means eyes, bones, heart valves, veins, skin, and
any other portions of a human body excluding blood, blood
products or organs.
"Tissue bank" means any facility or program operating in
Illinois that is accredited by the American Association of
Tissue Banks, the Eye Bank Association of America, or the
Association of Organ Procurement Organizations and is involved
in procuring, furnishing, donating, or distributing corneas,
bones, or other human tissue for the purpose of injecting,
transfusing, or transplanting any of them into the human body
or for the purpose of research or education. "Tissue bank" does
not include a licensed blood bank. For the purposes of this
Act, "tissue" does not include organs or blood or blood
products.
(Source: P.A. 98-172, eff. 1-1-14; revised 11-22-13.)
Section 775. The Common Interest Community Association Act
is amended by changing Section 1-30 as follows:
(765 ILCS 160/1-30)
Sec. 1-30. Board duties and obligations; records.
(a) The board shall meet at least 4 times annually.
(b) A common interest community association may not enter
into a contract with a current board member, or with a

corporation or partnership in which a board member or a member
of his or her immediate family has 25% or more interest, unless
notice of intent to enter into the contract is given to members
within 20 days after a decision is made to enter into the
contract and the members are afforded an opportunity by filing
a petition, signed by 20% of the membership, for an election to
approve or disapprove the contract; such petition shall be
filed within 20 days after such notice and such election shall
be held within 30 days after filing the petition. For purposes
of this subsection, a board member's immediate family means the
board member's spouse, parents, siblings, and children.
(c) The bylaws shall provide for the maintenance, repair,
and replacement of the common areas and payments therefor,
including the method of approving payment vouchers.
(d) (Blank).
(e) The association may engage the services of a manager or
management company.
(f) The association shall have one class of membership
unless the declaration or bylaws provide otherwise; however,
this subsection (f) shall not be construed to limit the
operation of subsection (c) of Section 1-20 of this Act.
(g) The board shall have the power, after notice and an
opportunity to be heard, to levy and collect reasonable fines
from members or unit owners for violations of the declaration,
bylaws, and rules and regulations of the common interest
community association.

(h) Other than attorney's fees and court or arbitration
costs, no fees pertaining to the collection of a member's or
unit owner's financial obligation to the association,
including fees charged by a manager or managing agent, shall be
added to and deemed a part of a member's or unit owner's
respective share of the common expenses unless: (i) the
managing agent fees relate to the costs to collect common
expenses for the association; (ii) the fees are set forth in a
contract between the managing agent and the association; and
(iii) the authority to add the management fees to a member's or
unit owner's respective share of the common expenses is
specifically stated in the declaration or bylaws of the
association.
(i) Board records.
(1) The board shall maintain the following records of
the association and make them available for examination and
copying at convenient hours of weekdays by any member or
unit owner in a common interest community subject to the
authority of the board, their mortgagees, and their duly
authorized agents or attorneys:
(i) Copies of the recorded declaration, other
community instruments, other duly recorded covenants
and bylaws and any amendments, articles of
incorporation, annual reports, and any rules and
regulations adopted by the board shall be available.
Prior to the organization of the board, the developer

shall maintain and make available the records set forth
in this paragraph (i) for examination and copying.
(ii) Detailed and accurate records in
chronological order of the receipts and expenditures
affecting the common areas, specifying and itemizing
the maintenance and repair expenses of the common areas
and any other expenses incurred, and copies of all
contracts, leases, or other agreements entered into by
the board shall be maintained.
(iii) The minutes of all meetings of the board
which shall be maintained for not less than 7 years.
(iv) With a written statement of a proper purpose,
ballots and proxies related thereto, if any, for any
election held for the board and for any other matters
voted on by the members, which shall be maintained for
not less than one year.
(v) With a written statement of a proper purpose,
such other records of the board as are available for
inspection by members of a not-for-profit corporation
pursuant to Section 107.75 of the General Not For
Profit Corporation Act of 1986 shall be maintained.
(vi) With respect to units owned by a land trust, a
living trust, or other legal entity, the trustee,
officer, or manager of the entity may designate, in
writing, a person to cast votes on behalf of the member
or unit owner and a designation shall remain in effect

until a subsequent document is filed with the
association.
(2) Where a request for records under this subsection
is made in writing to the board or its agent, failure to
provide the requested record or to respond within 30 days
shall be deemed a denial by the board.
(3) A reasonable fee may be charged by the board for
the cost of retrieving and copying records properly
requested.
(4) If the board fails to provide records properly
requested under paragraph (1) of this subsection (i) within
the time period provided in that paragraph (1), the member
may seek appropriate relief and shall be entitled to an
award of reasonable attorney's fees and costs if the member
prevails and the court finds that such failure is due to
the acts or omissions of the board of managers or the board
of directors.
(j) The board shall have standing and capacity to act in a
representative capacity in relation to matters involving the
common areas or more than one unit, on behalf of the members or
unit owners as their interests may appear.
(Source: P.A. 97-605, eff. 8-26-11; 97-1090, eff. 8-24-12;
98-232, eff. 1-1-14; 98-241, eff. 8-9-13; revised 9-24-13.)
Section 780. The Illinois Coordinate System Act is amended
by changing Section 3 as follows:

(765 ILCS 225/3) (from Ch. 133, par. 103)
Sec. 3. For the purpose of the use of the Illinois
Coordinate System, the State is divided into an "East Zone" and
a "West Zone".
The area now included in the following counties constitutes
the "East Zone": Boone, Champaign, Clark, Clay, Coles, Cook,
Crawford, Cumberland, DeKalb, DeWitt, Douglas, DuPage, Edgar,
Edwards, Effingham, Fayette, Ford, Franklin, Gallatin, Grundy,
Hamilton, Hardin, Iroquois, Jasper, Jefferson, Johnson, Kane,
Kankakee, Kendall, Lake, LaSalle, Lawrence, Livingston,
McHenry, McLean, Macon, Marion, Massac, Moultrie, Piatt, Pope,
Richland, Saline, Shelby, Vermilion, Wabash, Wayne, White,
Will and Williamson.
The area now included in the following counties constitutes
the "West Zone": Adams, Alexander, Bond, Brown, Bureau,
Calhoun, Carroll, Cass, Christian, Clinton, Fulton, Greene,
Hancock, Henderson, Henry, Jackson, Jersey, Jo Daviess
JoDaviess, Knox, Lee, Logan, McDonough, Macoupin, Madison,
Marshall, Mason, Menard, Mercer, Monroe, Montgomery, Morgan,
Ogle, Peoria, Perry, Pike, Pulaski, Putnam, Randolph, Rock
Island, St. Clair, Sangamon, Schuyler, Scott, Stark,
Stephenson, Tazewell, Union, Warren, Washington, Whiteside,
Winnebago and Woodford.
(Source: P.A. 83-742; revised 11-22-13.)

Section 785. The Security Deposit Return Act is amended by
changing Section 1.2 as follows:
(765 ILCS 710/1.2)
Sec. 1.2. Security deposit transfer. Notwithstanding
Section 1.1, when a lessor transfers actual possession of a
security deposit received from a lessee, including any
statutory interest that has not been paid to a lessee, to a
holder of the certificate of sale or deed issued pursuant to
that certificate or, if no certificate or deed was issued, the
purchaser of a foreclosed property under Article XV 15 of the
Code of Civil Procedure, the holder or purchaser shall be
liable to a lessee for the transferred security deposit,
including any statutory interest that has not been paid to the
lessee, as provided in this Act. Within 21 days after the
transfer of the security deposits and receipt of the name and
address of any lessee who paid a deposit, the holder or
purchaser shall post a written notice on the primary entrance
of each dwelling unit at the property with respect to which the
holder or purchaser has acquired actual possession of a
security deposit. The written notice shall state that the
holder or purchaser has acquired the security deposit paid by
the lessee in connection with the lessee's rental of that
dwelling unit.
(Source: P.A. 97-575, eff. 8-26-11; revised 11-22-13.)

Section 790. The Cemetery Protection Act is amended by
changing Sections 13 and 14 as follows:
(765 ILCS 835/13) (from Ch. 21, par. 21.6)
Sec. 13. In the event that, at any time within one year
after adjudication of abandonment, the owner or claimant of an
a interment right, entombment rights in a community mausoleum
or lawn crypt section, or an inurnment right in a community
columbarium which has been adjudged abandoned, shall contact
the court or the cemetery authority and pay all maintenance or
care charges that are due and unpaid, shall reimburse the
cemetery authority for the costs of suit and necessary expenses
incurred in the proceeding with respect to such interment
right, entombment rights in a community mausoleum or lawn crypt
section, or inurnment right in a community columbarium and
shall contract for its future care and maintenance, then such
lot, or part thereof, shall not be sold as herein provided and,
upon petition of the owner or claimant, the order or judgment
adjudging the same to have been abandoned shall be vacated as
to such interment right, entombment rights in a community
mausoleum or lawn crypt section, or inurnment right in a
community columbarium.
(Source: P.A. 94-44, eff. 6-17-05; revised 11-22-13.)
(765 ILCS 835/14) (from Ch. 21, par. 21.7)
Sec. 14. After the expiration of one year from the date of

entry of an order adjudging an a interment right, entombment
rights in a community mausoleum or lawn crypt section, or
inurnment right in a community columbarium to have been
abandoned, a cemetery authority shall have the right to do so
and may sell such interment right, entombment rights in a
community mausoleum or lawn crypt section, or inurnment right
in a community columbarium at public sale and grant an easement
therein for burial purposes to the purchaser at such sale,
subject to the interment of any human remains theretofore
placed therein and the right to maintain memorials placed
thereon. A cemetery authority may bid at and purchase such
interment right, entombment rights in a community mausoleum or
lawn crypt section, or inurnment right in a community
columbarium at such sale.
Notice of the time and place of any sale held pursuant to
an order adjudicating abandonment of a cemetery interment
right, entombment rights in a community mausoleum or lawn crypt
section, or inurnment right in a community columbarium shall be
published once in a newspaper of general circulation in the
county in which the cemetery is located, such publication to be
not less than 30 days prior to the date of sale.
The proceeds derived from any sale shall be used to
reimburse the petitioner for the costs of suit and necessary
expenses, including attorney's fees, incurred by petitioner in
the proceeding, and the balance, if any, shall be deposited
into the cemetery authority's care fund or, if there is no care

fund, used by the cemetery authority for the care of its
cemetery and for no other purpose.
(Source: P.A. 94-44, eff. 6-17-05; revised 11-22-13.)
Section 795. The Uniform Disposition of Unclaimed Property
Act is amended by changing Section 18 as follows:
(765 ILCS 1025/18) (from Ch. 141, par. 118)
Sec. 18. Deposit of funds received under the Act.
(a) The State Treasurer shall retain all funds received
under this Act, including the proceeds from the sale of
abandoned property under Section 17, in a trust fund. The State
Treasurer may deposit any amount in the Trust Fund into the
State Pensions Fund during the fiscal year at his or her
discretion; however, he or she shall, on April 15 and October
15 of each year, deposit any amount in the trust fund exceeding
$2,500,000 into the State Pensions Fund. If on either April 15
or October 15, the State Treasurer determines that a balance of
$2,500,000 is insufficient for the prompt payment of unclaimed
property claims authorized under this Act, the Treasurer may
retain more than $2,500,000 in the Unclaimed Property Trust
Fund in order to ensure the prompt payment of claims. Beginning
in State fiscal year 2015, all amounts that are deposited into
the State Pensions Fund from the Unclaimed Property Trust Fund
shall be apportioned to the designated retirement systems as
provided in subsection (c-6) of Section 8.12 of the State

Finance Act to reduce their actuarial reserve deficiencies. He
or she shall make prompt payment of claims he or she duly
allows as provided for in this Act for the trust fund. Before
making the deposit the State Treasurer shall record the name
and last known address of each person appearing from the
holders' reports to be entitled to the abandoned property. The
record shall be available for public inspection during
reasonable business hours.
(b) Before making any deposit to the credit of the State
Pensions Fund, the State Treasurer may deduct: (1) any costs in
connection with sale of abandoned property, (2) any costs of
mailing and publication in connection with any abandoned
property, and (3) any costs in connection with the maintenance
of records or disposition of claims made pursuant to this Act.
The State Treasurer shall semiannually file an itemized report
of all such expenses with the Legislative Audit Commission.
(Source: P.A. 97-732, eff. 6-30-12; 98-19, eff. 6-10-13; 98-24,
eff. 6-19-13; revised 9-24-13.)
Section 800. The Business Corporation Act of 1983 is
amended by changing Section 15.75 as follows:
(805 ILCS 5/15.75) (from Ch. 32, par. 15.75)
Sec. 15.75. Rate of franchise taxes payable by foreign
corporations.
(a) The annual franchise tax payable by each foreign

corporation shall be computed at the rate of 1/12 of 1/10 of 1%
for each calendar month or fraction thereof for the period
commencing on the first day of July 1983 to the first day of
the anniversary month in 1984, but in no event shall the amount
of the annual franchise tax be less than $2.083333 per month
based on a minimum of $25 per annum or more than $83,333.333333
per month; commencing on January 1, 1984 to the first day of
the anniversary month in 2004, the annual franchise tax payable
by each foreign corporation shall be computed at the rate of
1/10 of 1% for the 12-months' period commencing on the first
day of the anniversary month or, in the case of a corporation
that has established an extended filing month, the extended
filing month of the corporation, but in no event shall the
amount of the annual franchise tax be less than $25 nor more
than $1,000,000 per annum; commencing on January 1, 2004, the
annual franchise tax payable by each foreign corporation shall
be computed at the rate of 1/10 of 1% for the 12-month period
commencing on the first day of the anniversary month or, in the
case of a corporation that has established an extended filing
month, the extended filing month of the corporation, but in no
event shall the amount of the annual franchise tax be less than
$25 nor more than then $2,000,000 per annum.
(b) The annual franchise tax payable by each foreign
corporation at the time of filing a statement of election and
interim annual report in connection with an anniversary month
prior to January, 2004 shall be computed at the rate of 1/10 of

1% for the 12 month period commencing on the first day of the
anniversary month of the corporation next following the filing,
but in no event shall the amount of the annual franchise tax be
less than $25 nor more than $1,000,000 per annum; commencing
with the first anniversary month that occurs after December,
2003, the annual franchise tax payable by each foreign
corporation at the time of filing a statement of election and
interim annual report shall be computed at the rate of 1/10 of
1% for the 12-month period commencing on the first day of the
anniversary month of the corporation next following such
filing, but in no event shall the amount of the annual
franchise tax be less than $25 nor more than $2,000,000 per
annum.
(c) The annual franchise tax payable at the time of filing
the final transition annual report in connection with an
anniversary month prior to January, 2004 shall be an amount
equal to (i) 1/12 of 1/10 of 1% per month of the proportion of
paid-in capital represented in this State as shown in the final
transition annual report multiplied by (ii) the number of
months commencing with the anniversary month next following the
filing of the statement of election until, but excluding, the
second extended filing month, less the annual franchise tax
theretofore paid at the time of filing the statement of
election, but in no event shall the amount of the annual
franchise tax be less than $2.083333 per month based on a
minimum of $25 per annum or more than $83,333.333333 per month;

commencing with the first anniversary month that occurs after
December, 2003, the annual franchise tax payable at the time of
filing the final transition annual report shall be an amount
equal to (i) 1/12 of 1/10 of 1% per month of the proportion of
paid-in capital represented in this State as shown in the final
transition annual report multiplied by (ii) the number of
months commencing with the anniversary month next following the
filing of the statement of election until, but excluding, the
second extended filing month, less the annual franchise tax
theretofore paid at the time of filing the statement of
election, but in no event shall the amount of the annual
franchise tax be less than $2.083333 per month based on a
minimum of $25 per annum or more than $166,666.666666 per
month.
(d) The initial franchise tax payable after January 1,
1983, but prior to January 1, 1991, by each foreign corporation
shall be computed at the rate of 1/10 of 1% for the 12 months'
period commencing on the first day of the anniversary month in
which the application for authority is filed by the corporation
under Section 13.15 of this Act, but in no event shall the
franchise tax be less than $25 nor more than $1,000,000 per
annum. Except in the case of a foreign corporation that has
begun transacting business in Illinois prior to January 1,
1991, the initial franchise tax payable on or after January 1,
1991, by each foreign corporation, shall be computed at the
rate of 15/100 of 1% for the 12-month period commencing on the

first day of the anniversary month in which the application for
authority is filed by the corporation under Section 13.15 of
this Act, but in no event shall the franchise tax for a taxable
year commencing prior to January 1, 2004 be less than $25 nor
more than $1,000,000 per annum plus 1/20 of 1% of the basis
therefor and in no event shall the franchise tax for a taxable
year commencing on or after January 1, 2004 be less than $25 or
more than $2,000,000 per annum plus 1/20 of 1% of the basis
therefor.
(e) Whenever the application for authority indicates that
the corporation commenced transacting business:
(1) prior to January 1, 1991, the initial franchise tax
shall be computed at the rate of 1/12 of 1/10 of 1% for
each calendar month; or
(2) after December 31, 1990, the initial franchise tax
shall be computed at the rate of 1/12 of 15/100 of 1% for
each calendar month.
(f) Each additional franchise tax payable by each foreign
corporation for the period beginning January 1, 1983 through
December 31, 1983 shall be computed at the rate of 1/12 of 1/10
of 1% for each calendar month or fraction thereof between the
date of each respective increase in its paid-in capital and its
anniversary month in 1984; thereafter until the last day of the
month that is both after December 31, 1990 and the third month
immediately preceding the anniversary month in 1991, each
additional franchise tax payable by each foreign corporation

shall be computed at the rate of 1/12 of 1/10 of 1% for each
calendar month, or fraction thereof, between the date of each
respective increase in its paid-in capital and its next
anniversary month; however, if the increase occurs within the 2
month period immediately preceding the anniversary month, the
tax shall be computed to the anniversary month of the next
succeeding calendar year. Commencing with increases in paid-in
capital that occur subsequent to both December 31, 1990 and the
last day of the third month immediately preceding the
anniversary month in 1991, the additional franchise tax payable
by a foreign corporation shall be computed at the rate of
15/100 of 1%.
(Source: P.A. 92-33, eff. 7-1-01; 93-32, eff. 12-1-03; revised
11-14-13.)
Section 805. The Illinois Securities Law of 1953 is amended
by changing Section 11.5 as follows:
(815 ILCS 5/11.5)
Sec. 11.5. Securities exchange registration.
(a) A person shall not operate a securities exchange in
this State unless it has been registered with the Secretary of
State.
(b) The Secretary of State shall adopt rules or regulations
necessary to carry out the provisions of this Section,
including rules or regulations prescribing:

(1) The fees for the registration of a securities
exchange; and
(2) The bonding and minimum capitalization
requirements for a securities exchange.
(c) The Securities Director, or his or her designee, shall
investigate the qualifications of each person who applies to
the Secretary of State for the registration of a securities
exchange. The applicant shall pay the cost of the
investigation.
(d) The Secretary of State may deny, suspend, or revoke the
registration of a securities exchange if the Securities
Director, or his or her designee, determines that such action
is in the public interest and the provisions of subsection (a)
of this Section are applicable to the person who applied for
the registration of a securities exchange.
(e) A securities exchange located in this State shall not
allow the trading of a security in this State unless it is
issued by an issuer that has complied with the requirements of
this Act and any other applicable requirements of federal or
State law.
(f) Any transaction, solicitation, or other activity
directly related to the purchase, sale, or other transfer of
securities listed on a securities exchange located in this
State shall be deemed to be a transaction in this State.
(g) The Secretary of State may establish reasonable fees by
rule or regulation.

(h) A registered dealer or salesperson shall not use a
securities exchange to effect or report any transaction
concerning a security unless the securities exchange is
registered with the Secretary of State or is excluded from the
provisions of Section 2.28 and this Section of the Act.
(Source: P.A. 89-209, eff. 1-1-96; revised 11-14-13.)
Section 810. The Waste Oil Recovery Act is amended by
changing Section 2 as follows:
(815 ILCS 440/2) (from Ch. 96 1/2, par. 7702)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires, words and phrases shall have the
meanings ascribed to them in the Sections following this
Section and preceding Section 3 Sections 2.1 through 2.10.
(Source: P.A. 81-379; revised 11-14-13.)
Section 815. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2MM as follows:
(815 ILCS 505/2MM)
Sec. 2MM. Verification of accuracy of consumer reporting
information used to extend consumers credit and security freeze
on credit reports.
(a) A credit card issuer who mails an offer or solicitation
to apply for a credit card and who receives a completed

application in response to the offer or solicitation which
lists an address that is not substantially the same as the
address on the offer or solicitation may not issue a credit
card based on that application until reasonable steps have been
taken to verify the applicant's change of address.
(b) Any person who uses a consumer credit report in
connection with the approval of credit based on the application
for an extension of credit, and who has received notification
of a police report filed with a consumer reporting agency that
the applicant has been a victim of financial identity theft, as
defined in Section 16-30 or 16G-15 of the Criminal Code of 1961
or the Criminal Code of 2012, may not lend money or extend
credit without taking reasonable steps to verify the consumer's
identity and confirm that the application for an extension of
credit is not the result of financial identity theft.
(c) A consumer may request that a security freeze be placed
on his or her credit report by sending a request in writing by
certified mail to a consumer reporting agency at an address
designated by the consumer reporting agency to receive such
requests.
The following persons may request that a security freeze be
placed on the credit report of a disabled person:
(1) a guardian of the disabled person that is the
subject of the request, appointed under Article XIa of the
Probate Act of 1975; and
(2) an agent of the disabled person that is the subject

of the request, under a written durable power of attorney
that complies with the Illinois Power of Attorney Act.
The following persons may request that a security freeze
be placed on the credit report of a minor:
(1) a guardian of the minor that is the subject of the
request, appointed under Article XI of the Probate Act of
1975;
(2) a parent of the minor that is the subject of the
request; and
(3) a guardian appointed under the Juvenile Court Act
of 1987 for a minor under the age of 18 who is the subject
of the request or, with a court order authorizing the
guardian consent power, for a youth who is the subject of
the request who has attained the age of 18, but who is
under the age of 21.
This subsection (c) does not prevent a consumer reporting
agency from advising a third party that a security freeze is in
effect with respect to the consumer's credit report.
(d) A consumer reporting agency shall place a security
freeze on a consumer's credit report no later than 5 business
days after receiving a written request from the consumer:
(1) a written request described in subsection (c);
(2) proper identification; and
(3) payment of a fee, if applicable.
(e) Upon placing the security freeze on the consumer's
credit report, the consumer reporting agency shall send to the

consumer within 10 business days a written confirmation of the
placement of the security freeze and a unique personal
identification number or password or similar device, other than
the consumer's Social Security number, to be used by the
consumer when providing authorization for the release of his or
her credit report for a specific party or period of time.
(f) If the consumer wishes to allow his or her credit
report to be accessed for a specific party or period of time
while a freeze is in place, he or she shall contact the
consumer reporting agency using a point of contact designated
by the consumer reporting agency, request that the freeze be
temporarily lifted, and provide the following:
(1) Proper identification;
(2) The unique personal identification number or
password or similar device provided by the consumer
reporting agency;
(3) The proper information regarding the third party or
time period for which the report shall be available to
users of the credit report; and
(4) A fee, if applicable.
A security freeze for a minor may not be temporarily
lifted. This Section does not require a consumer reporting
agency to provide to a minor or a parent or guardian of a minor
on behalf of the minor a unique personal identification number,
password, or similar device provided by the consumer reporting
agency for the minor, or parent or guardian of the minor, to

use to authorize the consumer reporting agency to release
information from a minor.
(g) A consumer reporting agency shall develop a contact
method to receive and process a request from a consumer to
temporarily lift a freeze on a credit report pursuant to
subsection (f) in an expedited manner.
A contact method under this subsection shall include: (i) a
postal address; and (ii) an electronic contact method chosen by
the consumer reporting agency, which may include the use of
telephone, fax, Internet, or other electronic means.
(h) A consumer reporting agency that receives a request
from a consumer to temporarily lift a freeze on a credit report
pursuant to subsection (f), shall comply with the request no
later than 3 business days after receiving the request.
(i) A consumer reporting agency shall remove or temporarily
lift a freeze placed on a consumer's credit report only in the
following cases:
(1) upon consumer request, pursuant to subsection (f)
or subsection (l) of this Section; or
(2) if the consumer's credit report was frozen due to a
material misrepresentation of fact by the consumer.
If a consumer reporting agency intends to remove a freeze
upon a consumer's credit report pursuant to this subsection,
the consumer reporting agency shall notify the consumer in
writing prior to removing the freeze on the consumer's credit
report.

(j) If a third party requests access to a credit report on
which a security freeze is in effect, and this request is in
connection with an application for credit or any other use, and
the consumer does not allow his or her credit report to be
accessed for that specific party or period of time, the third
party may treat the application as incomplete.
(k) If a consumer requests a security freeze, the credit
reporting agency shall disclose to the consumer the process of
placing and temporarily lifting a security freeze, and the
process for allowing access to information from the consumer's
credit report for a specific party or period of time while the
freeze is in place.
(l) A security freeze shall remain in place until the
consumer or person authorized under subsection (c) to act on
behalf of the minor or disabled person that is the subject of
the security freeze requests, using a point of contact
designated by the consumer reporting agency, that the security
freeze be removed. A credit reporting agency shall remove a
security freeze within 3 business days of receiving a request
for removal from the consumer, who provides:
(1) Proper identification;
(2) The unique personal identification number or
password or similar device provided by the consumer
reporting agency; and
(3) A fee, if applicable.
(m) A consumer reporting agency shall require proper

identification of the person making a request to place or
remove a security freeze and may require proper identification
and proper authority from the person making the request to
place or remove a freeze on behalf of the disabled person or
minor.
(n) The provisions of subsections (c) through (m) of this
Section do not apply to the use of a consumer credit report by
any of the following:
(1) A person or entity, or a subsidiary, affiliate, or
agent of that person or entity, or an assignee of a
financial obligation owing by the consumer to that person
or entity, or a prospective assignee of a financial
obligation owing by the consumer to that person or entity
in conjunction with the proposed purchase of the financial
obligation, with which the consumer has or had prior to
assignment an account or contract, including a demand
deposit account, or to whom the consumer issued a
negotiable instrument, for the purposes of reviewing the
account or collecting the financial obligation owing for
the account, contract, or negotiable instrument. For
purposes of this subsection, "reviewing the account"
includes activities related to account maintenance,
monitoring, credit line increases, and account upgrades
and enhancements.
(2) A subsidiary, affiliate, agent, assignee, or
prospective assignee of a person to whom access has been

granted under subsection (f) of this Section for purposes
of facilitating the extension of credit or other
permissible use.
(3) Any state or local agency, law enforcement agency,
trial court, or private collection agency acting pursuant
to a court order, warrant, or subpoena.
(4) A child support agency acting pursuant to Title
IV-D of the Social Security Act.
(5) The State or its agents or assigns acting to
investigate fraud.
(6) The Department of Revenue or its agents or assigns
acting to investigate or collect delinquent taxes or unpaid
court orders or to fulfill any of its other statutory
responsibilities.
(7) The use of credit information for the purposes of
prescreening as provided for by the federal Fair Credit
Reporting Act.
(8) Any person or entity administering a credit file
monitoring subscription or similar service to which the
consumer has subscribed.
(9) Any person or entity for the purpose of providing a
consumer with a copy of his or her credit report or score
upon the consumer's request.
(10) Any person using the information in connection
with the underwriting of insurance.
(n-5) This Section does not prevent a consumer reporting

agency from charging a fee of no more than $10 to a consumer
for each freeze, removal, or temporary lift of the freeze,
regarding access to a consumer credit report, except that a
consumer reporting agency may not charge a fee to (i) a
consumer 65 years of age or over for placement and removal of a
freeze, or (ii) a victim of identity theft who has submitted to
the consumer reporting agency a valid copy of a police report,
investigative report, or complaint that the consumer has filed
with a law enforcement agency about unlawful use of his or her
personal information by another person.
(o) If a security freeze is in place, a consumer reporting
agency shall not change any of the following official
information in a credit report without sending a written
confirmation of the change to the consumer within 30 days of
the change being posted to the consumer's file: (i) name, (ii)
date of birth, (iii) Social Security number, and (iv) address.
Written confirmation is not required for technical
modifications of a consumer's official information, including
name and street abbreviations, complete spellings, or
transposition of numbers or letters. In the case of an address
change, the written confirmation shall be sent to both the new
address and to the former address.
(p) The following entities are not required to place a
security freeze in a consumer report, however, pursuant to
paragraph (3) of this subsection, a consumer reporting agency
acting as a reseller shall honor any security freeze placed on

a consumer credit report by another consumer reporting agency:
(1) A check services or fraud prevention services
company, which issues reports on incidents of fraud or
authorizations for the purpose of approving or processing
negotiable instruments, electronic funds transfers, or
similar methods of payment.
(2) A deposit account information service company,
which issues reports regarding account closures due to
fraud, substantial overdrafts, ATM abuse, or similar
negative information regarding a consumer to inquiring
banks or other financial institutions for use only in
reviewing a consumer request for a deposit account at the
inquiring bank or financial institution.
(3) A consumer reporting agency that:
(A) acts only to resell credit information by
assembling and merging information contained in a
database of one or more consumer reporting agencies;
and
(B) does not maintain a permanent database of
credit information from which new credit reports are
produced.
(q) For purposes of this Section:
"Credit report" has the same meaning as "consumer report",
as ascribed to it in 15 U.S.C. Sec. 1681a(d).
"Consumer reporting agency" has the meaning ascribed to it
in 15 U.S.C. Sec. 1681a(f).

"Security freeze" means a notice placed in a consumer's
credit report, at the request of the consumer and subject to
certain exceptions, that prohibits the consumer reporting
agency from releasing the consumer's credit report or score
relating to an extension of credit, without the express
authorization of the consumer.
"Extension of credit" does not include an increase in an
existing open-end credit plan, as defined in Regulation Z of
the Federal Reserve System (12 C.F.R. 226.2), or any change to
or review of an existing credit account.
"Proper authority" means documentation that shows that a
parent, guardian, or agent has authority to act on behalf of a
minor or disabled person. "Proper authority" includes (1) an
order issued by a court of law that shows that a guardian has
authority to act on behalf of a minor or disabled person, (2) a
written, notarized statement signed by a parent that expressly
describes the authority of the parent to act on behalf of the
minor, or (3) a durable power of attorney that complies with
the Illinois Power of Attorney Act.
"Proper identification" means information generally deemed
sufficient to identify a person. Only if the consumer is unable
to reasonably identify himself or herself with the information
described above, may a consumer reporting agency require
additional information concerning the consumer's employment
and personal or family history in order to verify his or her
identity.

(r) Any person who violates this Section commits an
unlawful practice within the meaning of this Act.
(Source: P.A. 97-597, eff. 1-1-12; 97-1150, eff. 1-25-13;
98-486, eff. 1-1-14; revised 11-14-13.)
Section 820. The Dating Referral Services Act is amended by
changing Sections 20 and 25 as follows:
(815 ILCS 615/20) (from Ch. 29, par. 1051-20)
Sec. 20. Cancellation and refund requirements.
(a) Every contract for dating referral services shall
provide the following:
(1) That the contract may be cancelled by the customer
within 3 business days after the first business day after
the contract is signed by the customer, and that all monies
paid under the contract shall be refunded to the customer.
For the purposes of this Section, "business day" means any
day on which the facility is open for business. A customer
purchasing a plan at a facility that has not yet opened for
business at the time the contract is signed, or who does
not purchase a contract at an existing facility, shall have
7 calendar days in which to cancel the contract and receive
a full refund of all monies paid. The customer's rights to
cancel described in this Section are in addition to any
other contract rights or remedies provided by law.
(2) In the event of the relocation of a customer's

residence to a location that is more than 20 miles farther
than the original distance from the customer's residence to
the original enterprise, and upon the failure of the
original enterprise to designate an a enterprise, with
comparable facilities and services within 25 miles of the
customer's new residence that agrees to accept the original
enterprise's obligations under the contract, the customer
may cancel the contract and shall be liable for only that
portion of the charges allocable to the time before
reasonable evidence of the relocation is presented to the
enterprise, plus a reasonable fee if so provided in the
contract, but the fee shall not exceed 10% of the unused
balance, or $50, whichever is less.
(3) If the customer dies during the term of the
contract, the customer's estate shall be liable for only
that portion of the charges allocable to the time before
the customer's death. The enterprise shall have the right
to require and verify reasonable evidence of the death.
(b) Every contract for dating referral services shall
provide that notice of cancellation under subsection (a) of
this Section shall be made in writing and delivered by
certified or registered mail to the enterprise at the address
specified in the contract. All refunds to which a customer or
his or her estate is entitled shall be made within 30 days of
receipt by the enterprise of the cancellation notice.
(Source: P.A. 87-450; revised 11-14-13.)

(815 ILCS 615/25) (from Ch. 29, par. 1051-25)
Sec. 25. Contract requirements for planned enterprises.
Every contract for dating referral services at a planned dating
referral enterprise or an a enterprise under construction shall
further provide that, in the event that the facilities and
services contracted for are not available within 6 months from
the date the contract is entered into, or within 3 months of a
date specified in the contract, whichever is earlier, the
contract may be cancelled at the option of the customer, and
all payments refunded within 30 days of receipt by the
enterprise of the cancellation notice.
(Source: P.A. 87-450; revised 11-14-13.)
Section 825. The Prevailing Wage Act is amended by changing
Sections 2 and 5 as follows:
(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
Sec. 2. This Act applies to the wages of laborers,
mechanics and other workers employed in any public works, as
hereinafter defined, by any public body and to anyone under
contracts for public works. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
As used in this Act, unless the context indicates
otherwise:

"Public works" means all fixed works constructed or
demolished by any public body, or paid for wholly or in part
out of public funds. "Public works" as defined herein includes
all projects financed in whole or in part with bonds, grants,
loans, or other funds made available by or through the State or
any of its political subdivisions, including but not limited
to: bonds issued under the Industrial Project Revenue Bond Act
(Article 11, Division 74 of the Illinois Municipal Code), the
Industrial Building Revenue Bond Act, the Illinois Finance
Authority Act, the Illinois Sports Facilities Authority Act, or
the Build Illinois Bond Act; loans or other funds made
available pursuant to the Build Illinois Act; loans or other
funds made available pursuant to the Riverfront Development
Fund under Section 10-15 of the River Edge Redevelopment Zone
Act; or funds from the Fund for Illinois' Future under Section
6z-47 of the State Finance Act, funds for school construction
under Section 5 of the General Obligation Bond Act, funds
authorized under Section 3 of the School Construction Bond Act,
funds for school infrastructure under Section 6z-45 of the
State Finance Act, and funds for transportation purposes under
Section 4 of the General Obligation Bond Act. "Public works"
also includes (i) all projects financed in whole or in part
with funds from the Department of Commerce and Economic
Opportunity under the Illinois Renewable Fuels Development
Program Act for which there is no project labor agreement; (ii)
all work performed pursuant to a public private agreement under

the Public Private Agreements for the Illiana Expressway Act or
the Public-Private Agreements for the South Suburban Airport
Act; and (iii) all projects undertaken under a public-private
agreement under the Public-Private Partnerships for
Transportation Act. "Public works" also includes all projects
at leased facility property used for airport purposes under
Section 35 of the Local Government Facility Lease Act. "Public
works" also includes the construction of a new wind power
facility by a business designated as a High Impact Business
under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
"Public works" does not include work done directly by any
public utility company, whether or not done under public
supervision or direction, or paid for wholly or in part out of
public funds. "Public works" also includes any corrective
action performed pursuant to Title XVI of the Environmental
Protection Act for which payment from the Underground Storage
Tank Fund is requested. "Public works" does not include
projects undertaken by the owner at an owner-occupied
single-family residence or at an owner-occupied unit of a
multi-family residence.
"Construction" means all work on public works involving
laborers, workers or mechanics. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
"Locality" means the county where the physical work upon
public works is performed, except (1) that if there is not

available in the county a sufficient number of competent
skilled laborers, workers and mechanics to construct the public
works efficiently and properly, "locality" includes any other
county nearest the one in which the work or construction is to
be performed and from which such persons may be obtained in
sufficient numbers to perform the work and (2) that, with
respect to contracts for highway work with the Department of
Transportation of this State, "locality" may at the discretion
of the Secretary of the Department of Transportation be
construed to include two or more adjacent counties from which
workers may be accessible for work on such construction.
"Public body" means the State or any officer, board or
commission of the State or any political subdivision or
department thereof, or any institution supported in whole or in
part by public funds, and includes every county, city, town,
village, township, school district, irrigation, utility,
reclamation improvement or other district and every other
political subdivision, district or municipality of the state
whether such political subdivision, municipality or district
operates under a special charter or not.
The terms "general prevailing rate of hourly wages",
"general prevailing rate of wages" or "prevailing rate of
wages" when used in this Act mean the hourly cash wages plus
annualized 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.
(Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13;
98-482, eff. 1-1-14; revised 9-24-13.)
(820 ILCS 130/5) (from Ch. 48, par. 39s-5)
Sec. 5. Certified payroll.
(a) Any contractor and each subcontractor who participates
in public works shall:
(1) make and keep, for a period of not less than 3
years from the date of the last payment made before January
1, 2014 (the effective date of Public Act 98-328) the
effective date of this amendatory Act of the 98th General
Assembly and for a period of 5 years from the date of the
last payment made on or after January 1, 2014 (the
effective date of Public Act 98-328) the effective date of
this amendatory Act of the 98th General Assembly on a
contract or subcontract for public works, records of all
laborers, mechanics, and other workers employed by them on
the project; the records shall include (i) the worker's
name, (ii) the worker's address, (iii) the worker's
telephone number when available, (iv) the worker's social
security number, (v) the worker's classification or
classifications, (vi) the worker's gross and net wages paid
in each pay period, (vii) the worker's number of hours

worked each day, (viii) the worker's starting and ending
times of work each day, (ix) the worker's hourly wage rate,
(x) the worker's hourly overtime wage rate, (xi) the
worker's hourly fringe benefit rates, (xii) the name and
address of each fringe benefit fund, (xiii) the plan
sponsor of each fringe benefit, if applicable, and (xiv)
the plan administrator of each fringe benefit, if
applicable; and
(2) no later than the 15th day of each calendar month
file a certified payroll for the immediately preceding
month with the public body in charge of the project. A
certified payroll must be filed for only those calendar
months during which construction on a public works project
has occurred. The certified payroll shall consist of a
complete copy of the records identified in paragraph (1) of
this subsection (a), 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: (i) he or she
has examined the certified payroll records required to be
submitted by the Act and such records are true and
accurate; (ii) the hourly rate paid to each worker is not
less than the general prevailing rate of hourly wages
required by this Act; and (iii) 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 the
certification 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 Act and any officer,
employee, or agent of such contractor or subcontractor
whose duty as such officer, employee, or agent it is to
file such certified payroll 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 public body in charge of the project shall keep the
records submitted in accordance with this paragraph (2) of
subsection (a) before January 1, 2014 (the effective date
of Public Act 98-328) the effective date of this amendatory
Act of the 98th General Assembly for a period of not less
than 3 years, and the records submitted in accordance with
this paragraph (2) of subsection (a) on or after January 1,
2014 (the effective date of Public Act 98-328) the
effective date of this amendatory Act of the 98th General
Assembly for a period of 5 years, from the date of the last
payment for work on a contract or subcontract for public
works. The records submitted in accordance with this

paragraph (2) of subsection (a) 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 public
body shall accept any reasonable submissions by the
contractor that meet the requirements of this Section.
A contractor, subcontractor, or public body may retain
records required under this Section in paper or electronic
format.
(b) 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 subsection (a) of this
Section to the public body in charge of the project, its
officers and agents, the Director of Labor and his deputies and
agents, and to federal, State, or local law enforcement
agencies and prosecutors.
(c) A contractor or subcontractor who remits contributions
to fringe benefit funds that are jointly maintained and jointly
governed by one or more employers and one or more labor
organizations in accordance with the federal Labor Management
Relations Act shall make and keep certified payroll records
that include the information required under items (i) through
(viii) of paragraph (1) of subsection (a) only. However, the
information required under items (ix) through (xiv) of
paragraph (1) of subsection (a) shall be required for any

contractor or subcontractor who remits contributions to a
fringe benefit fund that is not jointly maintained and jointly
governed by one or more employers and one or more labor
organizations in accordance with the federal Labor Management
Relations Act.
(Source: P.A. 97-571, eff. 1-1-12; 98-328, eff. 1-1-14; 98-482,
eff. 1-1-14; revised 9-24-13.)
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.