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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4
ARTICLE 5.
5
AMENDATORY PROVISIONS
6 (20 ILCS 405/405-225 rep.)
7 Section 5-5. The Department of Central Management Services
8Law of the Civil Administrative Code of Illinois is amended by
9repealing Section 405-225.
10 Section 5-10. The Children and Family Services Act is
11amended by changing Section 5 as follows:
12 (20 ILCS 505/5) (from Ch. 23, par. 5005)
13 Sec. 5. Direct child welfare services; Department of
14Children and Family Services. To provide direct child welfare
15services when not available through other public or private
16child care or program facilities.
17 (a) For purposes of this Section:
18 (1) "Children" means persons found within the State who
19 are under the age of 18 years. The term also includes
20 persons under age 21 who:
21 (A) were committed to the Department pursuant to

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1 the Juvenile Court Act or the Juvenile Court Act of
2 1987, as amended, prior to the age of 18 and who
3 continue under the jurisdiction of the court; or
4 (B) were accepted for care, service and training by
5 the Department prior to the age of 18 and whose best
6 interest in the discretion of the Department would be
7 served by continuing that care, service and training
8 because of severe emotional disturbances, physical
9 disability, social adjustment or any combination
10 thereof, or because of the need to complete an
11 educational or vocational training program.
12 (2) "Homeless youth" means persons found within the
13 State who are under the age of 19, are not in a safe and
14 stable living situation and cannot be reunited with their
15 families.
16 (3) "Child welfare services" means public social
17 services which are directed toward the accomplishment of
18 the following purposes:
19 (A) protecting and promoting the health, safety
20 and welfare of children, including homeless, dependent
21 or neglected children;
22 (B) remedying, or assisting in the solution of
23 problems which may result in, the neglect, abuse,
24 exploitation or delinquency of children;
25 (C) preventing the unnecessary separation of
26 children from their families by identifying family

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1 problems, assisting families in resolving their
2 problems, and preventing the breakup of the family
3 where the prevention of child removal is desirable and
4 possible when the child can be cared for at home
5 without endangering the child's health and safety;
6 (D) restoring to their families children who have
7 been removed, by the provision of services to the child
8 and the families when the child can be cared for at
9 home without endangering the child's health and
10 safety;
11 (E) placing children in suitable adoptive homes,
12 in cases where restoration to the biological family is
13 not safe, possible or appropriate;
14 (F) assuring safe and adequate care of children
15 away from their homes, in cases where the child cannot
16 be returned home or cannot be placed for adoption. At
17 the time of placement, the Department shall consider
18 concurrent planning, as described in subsection (l-1)
19 of this Section so that permanency may occur at the
20 earliest opportunity. Consideration should be given so
21 that if reunification fails or is delayed, the
22 placement made is the best available placement to
23 provide permanency for the child;
24 (G) (blank);
25 (H) (blank); and
26 (I) placing and maintaining children in facilities

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1 that provide separate living quarters for children
2 under the age of 18 and for children 18 years of age
3 and older, unless a child 18 years of age is in the
4 last year of high school education or vocational
5 training, in an approved individual or group treatment
6 program, in a licensed shelter facility, or secure
7 child care facility. The Department is not required to
8 place or maintain children:
9 (i) who are in a foster home, or
10 (ii) who are persons with a developmental
11 disability, as defined in the Mental Health and
12 Developmental Disabilities Code, or
13 (iii) who are female children who are
14 pregnant, pregnant and parenting or parenting, or
15 (iv) who are siblings, in facilities that
16 provide separate living quarters for children 18
17 years of age and older and for children under 18
18 years of age.
19 (b) Nothing in this Section shall be construed to authorize
20the expenditure of public funds for the purpose of performing
21abortions.
22 (c) The Department shall establish and maintain
23tax-supported child welfare services and extend and seek to
24improve voluntary services throughout the State, to the end
25that services and care shall be available on an equal basis
26throughout the State to children requiring such services.

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1 (d) The Director may authorize advance disbursements for
2any new program initiative to any agency contracting with the
3Department. As a prerequisite for an advance disbursement, the
4contractor must post a surety bond in the amount of the advance
5disbursement and have a purchase of service contract approved
6by the Department. The Department may pay up to 2 months
7operational expenses in advance. The amount of the advance
8disbursement shall be prorated over the life of the contract or
9the remaining months of the fiscal year, whichever is less, and
10the installment amount shall then be deducted from future
11bills. Advance disbursement authorizations for new initiatives
12shall not be made to any agency after that agency has operated
13during 2 consecutive fiscal years. The requirements of this
14Section concerning advance disbursements shall not apply with
15respect to the following: payments to local public agencies for
16child day care services as authorized by Section 5a of this
17Act; and youth service programs receiving grant funds under
18Section 17a-4.
19 (e) (Blank).
20 (f) (Blank).
21 (g) The Department shall establish rules and regulations
22concerning its operation of programs designed to meet the goals
23of child safety and protection, family preservation, family
24reunification, and adoption, including but not limited to:
25 (1) adoption;
26 (2) foster care;

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1 (3) family counseling;
2 (4) protective services;
3 (5) (blank);
4 (6) homemaker service;
5 (7) return of runaway children;
6 (8) (blank);
7 (9) placement under Section 5-7 of the Juvenile Court
8 Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile
9 Court Act of 1987 in accordance with the federal Adoption
10 Assistance and Child Welfare Act of 1980; and
11 (10) interstate services.
12 Rules and regulations established by the Department shall
13include provisions for training Department staff and the staff
14of Department grantees, through contracts with other agencies
15or resources, in alcohol and drug abuse screening techniques
16approved by the Department of Human Services, as a successor to
17the Department of Alcoholism and Substance Abuse, for the
18purpose of identifying children and adults who should be
19referred to an alcohol and drug abuse treatment program for
20professional evaluation.
21 (h) If the Department finds that there is no appropriate
22program or facility within or available to the Department for a
23ward and that no licensed private facility has an adequate and
24appropriate program or none agrees to accept the ward, the
25Department shall create an appropriate individualized,
26program-oriented plan for such ward. The plan may be developed

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1within the Department or through purchase of services by the
2Department to the extent that it is within its statutory
3authority to do.
4 (i) Service programs shall be available throughout the
5State and shall include but not be limited to the following
6services:
7 (1) case management;
8 (2) homemakers;
9 (3) counseling;
10 (4) parent education;
11 (5) day care; and
12 (6) emergency assistance and advocacy.
13 In addition, the following services may be made available
14to assess and meet the needs of children and families:
15 (1) comprehensive family-based services;
16 (2) assessments;
17 (3) respite care; and
18 (4) in-home health services.
19 The Department shall provide transportation for any of the
20services it makes available to children or families or for
21which it refers children or families.
22 (j) The Department may provide categories of financial
23assistance and education assistance grants, and shall
24establish rules and regulations concerning the assistance and
25grants, to persons who adopt children with physical or mental
26disabilities, children who are older, or other hard-to-place

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1children who (i) immediately prior to their adoption were legal
2wards of the Department or (ii) were determined eligible for
3financial assistance with respect to a prior adoption and who
4become available for adoption because the prior adoption has
5been dissolved and the parental rights of the adoptive parents
6have been terminated or because the child's adoptive parents
7have died. The Department may continue to provide financial
8assistance and education assistance grants for a child who was
9determined eligible for financial assistance under this
10subsection (j) in the interim period beginning when the child's
11adoptive parents died and ending with the finalization of the
12new adoption of the child by another adoptive parent or
13parents. The Department may also provide categories of
14financial assistance and education assistance grants, and
15shall establish rules and regulations for the assistance and
16grants, to persons appointed guardian of the person under
17Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
184-25 or 5-740 of the Juvenile Court Act of 1987 for children
19who were wards of the Department for 12 months immediately
20prior to the appointment of the guardian.
21 The amount of assistance may vary, depending upon the needs
22of the child and the adoptive parents, as set forth in the
23annual assistance agreement. Special purpose grants are
24allowed where the child requires special service but such costs
25may not exceed the amounts which similar services would cost
26the Department if it were to provide or secure them as guardian

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1of the child.
2 Any financial assistance provided under this subsection is
3inalienable by assignment, sale, execution, attachment,
4garnishment, or any other remedy for recovery or collection of
5a judgment or debt.
6 (j-5) The Department shall not deny or delay the placement
7of a child for adoption if an approved family is available
8either outside of the Department region handling the case, or
9outside of the State of Illinois.
10 (k) The Department shall accept for care and training any
11child who has been adjudicated neglected or abused, or
12dependent committed to it pursuant to the Juvenile Court Act or
13the Juvenile Court Act of 1987.
14 (l) The Department shall offer family preservation
15services, as defined in Section 8.2 of the Abused and Neglected
16Child Reporting Act, to help families, including adoptive and
17extended families. Family preservation services shall be
18offered (i) to prevent the placement of children in substitute
19care when the children can be cared for at home or in the
20custody of the person responsible for the children's welfare,
21(ii) to reunite children with their families, or (iii) to
22maintain an adoptive placement. Family preservation services
23shall only be offered when doing so will not endanger the
24children's health or safety. With respect to children who are
25in substitute care pursuant to the Juvenile Court Act of 1987,
26family preservation services shall not be offered if a goal

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1other than those of subdivisions (A), (B), or (B-1) of
2subsection (2) of Section 2-28 of that Act has been set.
3Nothing in this paragraph shall be construed to create a
4private right of action or claim on the part of any individual
5or child welfare agency, except that when a child is the
6subject of an action under Article II of the Juvenile Court Act
7of 1987 and the child's service plan calls for services to
8facilitate achievement of the permanency goal, the court
9hearing the action under Article II of the Juvenile Court Act
10of 1987 may order the Department to provide the services set
11out in the plan, if those services are not provided with
12reasonable promptness and if those services are available.
13 The Department shall notify the child and his family of the
14Department's responsibility to offer and provide family
15preservation services as identified in the service plan. The
16child and his family shall be eligible for services as soon as
17the report is determined to be "indicated". The Department may
18offer services to any child or family with respect to whom a
19report of suspected child abuse or neglect has been filed,
20prior to concluding its investigation under Section 7.12 of the
21Abused and Neglected Child Reporting Act. However, the child's
22or family's willingness to accept services shall not be
23considered in the investigation. The Department may also
24provide services to any child or family who is the subject of
25any report of suspected child abuse or neglect or may refer
26such child or family to services available from other agencies

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1in the community, even if the report is determined to be
2unfounded, if the conditions in the child's or family's home
3are reasonably likely to subject the child or family to future
4reports of suspected child abuse or neglect. Acceptance of such
5services shall be voluntary. The Department may also provide
6services to any child or family after completion of a family
7assessment, as an alternative to an investigation, as provided
8under the "differential response program" provided for in
9subsection (a-5) of Section 7.4 of the Abused and Neglected
10Child Reporting Act.
11 The Department may, at its discretion except for those
12children also adjudicated neglected or dependent, accept for
13care and training any child who has been adjudicated addicted,
14as a truant minor in need of supervision or as a minor
15requiring authoritative intervention, under the Juvenile Court
16Act or the Juvenile Court Act of 1987, but no such child shall
17be committed to the Department by any court without the
18approval of the Department. On and after the effective date of
19this amendatory Act of the 98th General Assembly and before
20January 1, 2017, a minor charged with a criminal offense under
21the Criminal Code of 1961 or the Criminal Code of 2012 or
22adjudicated delinquent shall not be placed in the custody of or
23committed to the Department by any court, except (i) a minor
24less than 16 years of age committed to the Department under
25Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
26for whom an independent basis of abuse, neglect, or dependency

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1exists, which must be defined by departmental rule, or (iii) a
2minor for whom the court has granted a supplemental petition to
3reinstate wardship pursuant to subsection (2) of Section 2-33
4of the Juvenile Court Act of 1987. On and after January 1,
52017, a minor charged with a criminal offense under the
6Criminal Code of 1961 or the Criminal Code of 2012 or
7adjudicated delinquent shall not be placed in the custody of or
8committed to the Department by any court, except (i) a minor
9less than 15 years of age committed to the Department under
10Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
11for whom an independent basis of abuse, neglect, or dependency
12exists, which must be defined by departmental rule, or (iii) a
13minor for whom the court has granted a supplemental petition to
14reinstate wardship pursuant to subsection (2) of Section 2-33
15of the Juvenile Court Act of 1987. An independent basis exists
16when the allegations or adjudication of abuse, neglect, or
17dependency do not arise from the same facts, incident, or
18circumstances which give rise to a charge or adjudication of
19delinquency.
20 As soon as is possible after August 7, 2009 (the effective
21date of Public Act 96-134), the Department shall develop and
22implement a special program of family preservation services to
23support intact, foster, and adoptive families who are
24experiencing extreme hardships due to the difficulty and stress
25of caring for a child who has been diagnosed with a pervasive
26developmental disorder if the Department determines that those

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1services are necessary to ensure the health and safety of the
2child. The Department may offer services to any family whether
3or not a report has been filed under the Abused and Neglected
4Child Reporting Act. The Department may refer the child or
5family to services available from other agencies in the
6community if the conditions in the child's or family's home are
7reasonably likely to subject the child or family to future
8reports of suspected child abuse or neglect. Acceptance of
9these services shall be voluntary. The Department shall develop
10and implement a public information campaign to alert health and
11social service providers and the general public about these
12special family preservation services. The nature and scope of
13the services offered and the number of families served under
14the special program implemented under this paragraph shall be
15determined by the level of funding that the Department annually
16allocates for this purpose. The term "pervasive developmental
17disorder" under this paragraph means a neurological condition,
18including but not limited to, Asperger's Syndrome and autism,
19as defined in the most recent edition of the Diagnostic and
20Statistical Manual of Mental Disorders of the American
21Psychiatric Association.
22 (l-1) The legislature recognizes that the best interests of
23the child require that the child be placed in the most
24permanent living arrangement as soon as is practically
25possible. To achieve this goal, the legislature directs the
26Department of Children and Family Services to conduct

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1concurrent planning so that permanency may occur at the
2earliest opportunity. Permanent living arrangements may
3include prevention of placement of a child outside the home of
4the family when the child can be cared for at home without
5endangering the child's health or safety; reunification with
6the family, when safe and appropriate, if temporary placement
7is necessary; or movement of the child toward the most
8permanent living arrangement and permanent legal status.
9 When determining reasonable efforts to be made with respect
10to a child, as described in this subsection, and in making such
11reasonable efforts, the child's health and safety shall be the
12paramount concern.
13 When a child is placed in foster care, the Department shall
14ensure and document that reasonable efforts were made to
15prevent or eliminate the need to remove the child from the
16child's home. The Department must make reasonable efforts to
17reunify the family when temporary placement of the child occurs
18unless otherwise required, pursuant to the Juvenile Court Act
19of 1987. At any time after the dispositional hearing where the
20Department believes that further reunification services would
21be ineffective, it may request a finding from the court that
22reasonable efforts are no longer appropriate. The Department is
23not required to provide further reunification services after
24such a finding.
25 A decision to place a child in substitute care shall be
26made with considerations of the child's health, safety, and

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1best interests. At the time of placement, consideration should
2also be given so that if reunification fails or is delayed, the
3placement made is the best available placement to provide
4permanency for the child.
5 The Department shall adopt rules addressing concurrent
6planning for reunification and permanency. The Department
7shall consider the following factors when determining
8appropriateness of concurrent planning:
9 (1) the likelihood of prompt reunification;
10 (2) the past history of the family;
11 (3) the barriers to reunification being addressed by
12 the family;
13 (4) the level of cooperation of the family;
14 (5) the foster parents' willingness to work with the
15 family to reunite;
16 (6) the willingness and ability of the foster family to
17 provide an adoptive home or long-term placement;
18 (7) the age of the child;
19 (8) placement of siblings.
20 (m) The Department may assume temporary custody of any
21child if:
22 (1) it has received a written consent to such temporary
23 custody signed by the parents of the child or by the parent
24 having custody of the child if the parents are not living
25 together or by the guardian or custodian of the child if
26 the child is not in the custody of either parent, or

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1 (2) the child is found in the State and neither a
2 parent, guardian nor custodian of the child can be located.
3If the child is found in his or her residence without a parent,
4guardian, custodian or responsible caretaker, the Department
5may, instead of removing the child and assuming temporary
6custody, place an authorized representative of the Department
7in that residence until such time as a parent, guardian or
8custodian enters the home and expresses a willingness and
9apparent ability to ensure the child's health and safety and
10resume permanent charge of the child, or until a relative
11enters the home and is willing and able to ensure the child's
12health and safety and assume charge of the child until a
13parent, guardian or custodian enters the home and expresses
14such willingness and ability to ensure the child's safety and
15resume permanent charge. After a caretaker has remained in the
16home for a period not to exceed 12 hours, the Department must
17follow those procedures outlined in Section 2-9, 3-11, 4-8, or
185-415 of the Juvenile Court Act of 1987.
19 The Department shall have the authority, responsibilities
20and duties that a legal custodian of the child would have
21pursuant to subsection (9) of Section 1-3 of the Juvenile Court
22Act of 1987. Whenever a child is taken into temporary custody
23pursuant to an investigation under the Abused and Neglected
24Child Reporting Act, or pursuant to a referral and acceptance
25under the Juvenile Court Act of 1987 of a minor in limited
26custody, the Department, during the period of temporary custody

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1and before the child is brought before a judicial officer as
2required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
3Court Act of 1987, shall have the authority, responsibilities
4and duties that a legal custodian of the child would have under
5subsection (9) of Section 1-3 of the Juvenile Court Act of
61987.
7 The Department shall ensure that any child taken into
8custody is scheduled for an appointment for a medical
9examination.
10 A parent, guardian or custodian of a child in the temporary
11custody of the Department who would have custody of the child
12if he were not in the temporary custody of the Department may
13deliver to the Department a signed request that the Department
14surrender the temporary custody of the child. The Department
15may retain temporary custody of the child for 10 days after the
16receipt of the request, during which period the Department may
17cause to be filed a petition pursuant to the Juvenile Court Act
18of 1987. If a petition is so filed, the Department shall retain
19temporary custody of the child until the court orders
20otherwise. If a petition is not filed within the 10 day period,
21the child shall be surrendered to the custody of the requesting
22parent, guardian or custodian not later than the expiration of
23the 10 day period, at which time the authority and duties of
24the Department with respect to the temporary custody of the
25child shall terminate.
26 (m-1) The Department may place children under 18 years of

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

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1average per capita cost of maintaining and of caring for a
2child in institutions for dependent or neglected children
3operated by the Department. However, such restriction on
4payments does not apply in cases where children require
5specialized care and treatment for problems of severe emotional
6disturbance, physical disability, social adjustment, or any
7combination thereof and suitable facilities for the placement
8of such children are not available at payment rates within the
9limitations set forth in this Section. All reimbursements for
10services delivered shall be absolutely inalienable by
11assignment, sale, attachment, garnishment or otherwise.
12 (n-1) The Department shall provide or authorize child
13welfare services, aimed at assisting minors to achieve
14sustainable self-sufficiency as independent adults, for any
15minor eligible for the reinstatement of wardship pursuant to
16subsection (2) of Section 2-33 of the Juvenile Court Act of
171987, whether or not such reinstatement is sought or allowed,
18provided that the minor consents to such services and has not
19yet attained the age of 21. The Department shall have
20responsibility for the development and delivery of services
21under this Section. An eligible youth may access services under
22this Section through the Department of Children and Family
23Services or by referral from the Department of Human Services.
24Youth participating in services under this Section shall
25cooperate with the assigned case manager in developing an
26agreement identifying the services to be provided and how the

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1youth will increase skills to achieve self-sufficiency. A
2homeless shelter is not considered appropriate housing for any
3youth receiving child welfare services under this Section. The
4Department shall continue child welfare services under this
5Section to any eligible minor until the minor becomes 21 years
6of age, no longer consents to participate, or achieves
7self-sufficiency as identified in the minor's service plan. The
8Department of Children and Family Services shall create clear,
9readable notice of the rights of former foster youth to child
10welfare services under this Section and how such services may
11be obtained. The Department of Children and Family Services and
12the Department of Human Services shall disseminate this
13information statewide. The Department shall adopt regulations
14describing services intended to assist minors in achieving
15sustainable self-sufficiency as independent adults.
16 (o) The Department shall establish an administrative
17review and appeal process for children and families who request
18or receive child welfare services from the Department. Children
19who are wards of the Department and are placed by private child
20welfare agencies, and foster families with whom those children
21are placed, shall be afforded the same procedural and appeal
22rights as children and families in the case of placement by the
23Department, including the right to an initial review of a
24private agency decision by that agency. The Department shall
25insure that any private child welfare agency, which accepts
26wards of the Department for placement, affords those rights to

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1children and foster families. The Department shall accept for
2administrative review and an appeal hearing a complaint made by
3(i) a child or foster family concerning a decision following an
4initial review by a private child welfare agency or (ii) a
5prospective adoptive parent who alleges a violation of
6subsection (j-5) of this Section. An appeal of a decision
7concerning a change in the placement of a child shall be
8conducted in an expedited manner. A court determination that a
9current foster home placement is necessary and appropriate
10under Section 2-28 of the Juvenile Court Act of 1987 does not
11constitute a judicial determination on the merits of an
12administrative appeal, filed by a former foster parent,
13involving a change of placement decision.
14 (p) (Blank). There is hereby created the Department of
15Children and Family Services Emergency Assistance Fund from
16which the Department may provide special financial assistance
17to families which are in economic crisis when such assistance
18is not available through other public or private sources and
19the assistance is deemed necessary to prevent dissolution of
20the family unit or to reunite families which have been
21separated due to child abuse and neglect. The Department shall
22establish administrative rules specifying the criteria for
23determining eligibility for and the amount and nature of
24assistance to be provided. The Department may also enter into
25written agreements with private and public social service
26agencies to provide emergency financial services to families

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1referred by the Department. Special financial assistance
2payments shall be available to a family no more than once
3during each fiscal year and the total payments to a family may
4not exceed $500 during a fiscal year.
5 (q) The Department may receive and use, in their entirety,
6for the benefit of children any gift, donation or bequest of
7money or other property which is received on behalf of such
8children, or any financial benefits to which such children are
9or may become entitled while under the jurisdiction or care of
10the Department.
11 The Department shall set up and administer no-cost,
12interest-bearing accounts in appropriate financial
13institutions for children for whom the Department is legally
14responsible and who have been determined eligible for Veterans'
15Benefits, Social Security benefits, assistance allotments from
16the armed forces, court ordered payments, parental voluntary
17payments, Supplemental Security Income, Railroad Retirement
18payments, Black Lung benefits, or other miscellaneous
19payments. Interest earned by each account shall be credited to
20the account, unless disbursed in accordance with this
21subsection.
22 In disbursing funds from children's accounts, the
23Department shall:
24 (1) Establish standards in accordance with State and
25 federal laws for disbursing money from children's
26 accounts. In all circumstances, the Department's

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1 "Guardianship Administrator" or his or her designee must
2 approve disbursements from children's accounts. The
3 Department shall be responsible for keeping complete
4 records of all disbursements for each account for any
5 purpose.
6 (2) Calculate on a monthly basis the amounts paid from
7 State funds for the child's board and care, medical care
8 not covered under Medicaid, and social services; and
9 utilize funds from the child's account, as covered by
10 regulation, to reimburse those costs. Monthly,
11 disbursements from all children's accounts, up to 1/12 of
12 $13,000,000, shall be deposited by the Department into the
13 General Revenue Fund and the balance over 1/12 of
14 $13,000,000 into the DCFS Children's Services Fund.
15 (3) Maintain any balance remaining after reimbursing
16 for the child's costs of care, as specified in item (2).
17 The balance shall accumulate in accordance with relevant
18 State and federal laws and shall be disbursed to the child
19 or his or her guardian, or to the issuing agency.
20 (r) The Department shall promulgate regulations
21encouraging all adoption agencies to voluntarily forward to the
22Department or its agent names and addresses of all persons who
23have applied for and have been approved for adoption of a
24hard-to-place child or child with a disability and the names of
25such children who have not been placed for adoption. A list of
26such names and addresses shall be maintained by the Department

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1or its agent, and coded lists which maintain the
2confidentiality of the person seeking to adopt the child and of
3the child shall be made available, without charge, to every
4adoption agency in the State to assist the agencies in placing
5such children for adoption. The Department may delegate to an
6agent its duty to maintain and make available such lists. The
7Department shall ensure that such agent maintains the
8confidentiality of the person seeking to adopt the child and of
9the child.
10 (s) The Department of Children and Family Services may
11establish and implement a program to reimburse Department and
12private child welfare agency foster parents licensed by the
13Department of Children and Family Services for damages
14sustained by the foster parents as a result of the malicious or
15negligent acts of foster children, as well as providing third
16party coverage for such foster parents with regard to actions
17of foster children to other individuals. Such coverage will be
18secondary to the foster parent liability insurance policy, if
19applicable. The program shall be funded through appropriations
20from the General Revenue Fund, specifically designated for such
21purposes.
22 (t) The Department shall perform home studies and
23investigations and shall exercise supervision over visitation
24as ordered by a court pursuant to the Illinois Marriage and
25Dissolution of Marriage Act or the Adoption Act only if:
26 (1) an order entered by an Illinois court specifically

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1 directs the Department to perform such services; and
2 (2) the court has ordered one or both of the parties to
3 the proceeding to reimburse the Department for its
4 reasonable costs for providing such services in accordance
5 with Department rules, or has determined that neither party
6 is financially able to pay.
7 The Department shall provide written notification to the
8court of the specific arrangements for supervised visitation
9and projected monthly costs within 60 days of the court order.
10The Department shall send to the court information related to
11the costs incurred except in cases where the court has
12determined the parties are financially unable to pay. The court
13may order additional periodic reports as appropriate.
14 (u) In addition to other information that must be provided,
15whenever the Department places a child with a prospective
16adoptive parent or parents or in a licensed foster home, group
17home, child care institution, or in a relative home, the
18Department shall provide to the prospective adoptive parent or
19parents or other caretaker:
20 (1) available detailed information concerning the
21 child's educational and health history, copies of
22 immunization records (including insurance and medical card
23 information), a history of the child's previous
24 placements, if any, and reasons for placement changes
25 excluding any information that identifies or reveals the
26 location of any previous caretaker;

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1 (2) a copy of the child's portion of the client service
2 plan, including any visitation arrangement, and all
3 amendments or revisions to it as related to the child; and
4 (3) information containing details of the child's
5 individualized educational plan when the child is
6 receiving special education services.
7 The caretaker shall be informed of any known social or
8behavioral information (including, but not limited to,
9criminal background, fire setting, perpetuation of sexual
10abuse, destructive behavior, and substance abuse) necessary to
11care for and safeguard the children to be placed or currently
12in the home. The Department may prepare a written summary of
13the information required by this paragraph, which may be
14provided to the foster or prospective adoptive parent in
15advance of a placement. The foster or prospective adoptive
16parent may review the supporting documents in the child's file
17in the presence of casework staff. In the case of an emergency
18placement, casework staff shall at least provide known
19information verbally, if necessary, and must subsequently
20provide the information in writing as required by this
21subsection.
22 The information described in this subsection shall be
23provided in writing. In the case of emergency placements when
24time does not allow prior review, preparation, and collection
25of written information, the Department shall provide such
26information as it becomes available. Within 10 business days

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1after placement, the Department shall obtain from the
2prospective adoptive parent or parents or other caretaker a
3signed verification of receipt of the information provided.
4Within 10 business days after placement, the Department shall
5provide to the child's guardian ad litem a copy of the
6information provided to the prospective adoptive parent or
7parents or other caretaker. The information provided to the
8prospective adoptive parent or parents or other caretaker shall
9be reviewed and approved regarding accuracy at the supervisory
10level.
11 (u-5) Effective July 1, 1995, only foster care placements
12licensed as foster family homes pursuant to the Child Care Act
13of 1969 shall be eligible to receive foster care payments from
14the Department. Relative caregivers who, as of July 1, 1995,
15were approved pursuant to approved relative placement rules
16previously promulgated by the Department at 89 Ill. Adm. Code
17335 and had submitted an application for licensure as a foster
18family home may continue to receive foster care payments only
19until the Department determines that they may be licensed as a
20foster family home or that their application for licensure is
21denied or until September 30, 1995, whichever occurs first.
22 (v) The Department shall access criminal history record
23information as defined in the Illinois Uniform Conviction
24Information Act and information maintained in the adjudicatory
25and dispositional record system as defined in Section 2605-355
26of the Department of State Police Law (20 ILCS 2605/2605-355)

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1if the Department determines the information is necessary to
2perform its duties under the Abused and Neglected Child
3Reporting Act, the Child Care Act of 1969, and the Children and
4Family Services Act. The Department shall provide for
5interactive computerized communication and processing
6equipment that permits direct on-line communication with the
7Department of State Police's central criminal history data
8repository. The Department shall comply with all certification
9requirements and provide certified operators who have been
10trained by personnel from the Department of State Police. In
11addition, one Office of the Inspector General investigator
12shall have training in the use of the criminal history
13information access system and have access to the terminal. The
14Department of Children and Family Services and its employees
15shall abide by rules and regulations established by the
16Department of State Police relating to the access and
17dissemination of this information.
18 (v-1) Prior to final approval for placement of a child, the
19Department shall conduct a criminal records background check of
20the prospective foster or adoptive parent, including
21fingerprint-based checks of national crime information
22databases. Final approval for placement shall not be granted if
23the record check reveals a felony conviction for child abuse or
24neglect, for spousal abuse, for a crime against children, or
25for a crime involving violence, including rape, sexual assault,
26or homicide, but not including other physical assault or

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1battery, or if there is a felony conviction for physical
2assault, battery, or a drug-related offense committed within
3the past 5 years.
4 (v-2) Prior to final approval for placement of a child, the
5Department shall check its child abuse and neglect registry for
6information concerning prospective foster and adoptive
7parents, and any adult living in the home. If any prospective
8foster or adoptive parent or other adult living in the home has
9resided in another state in the preceding 5 years, the
10Department shall request a check of that other state's child
11abuse and neglect registry.
12 (w) Within 120 days of August 20, 1995 (the effective date
13of Public Act 89-392), the Department shall prepare and submit
14to the Governor and the General Assembly, a written plan for
15the development of in-state licensed secure child care
16facilities that care for children who are in need of secure
17living arrangements for their health, safety, and well-being.
18For purposes of this subsection, secure care facility shall
19mean a facility that is designed and operated to ensure that
20all entrances and exits from the facility, a building or a
21distinct part of the building, are under the exclusive control
22of the staff of the facility, whether or not the child has the
23freedom of movement within the perimeter of the facility,
24building, or distinct part of the building. The plan shall
25include descriptions of the types of facilities that are needed
26in Illinois; the cost of developing these secure care

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1facilities; the estimated number of placements; the potential
2cost savings resulting from the movement of children currently
3out-of-state who are projected to be returned to Illinois; the
4necessary geographic distribution of these facilities in
5Illinois; and a proposed timetable for development of such
6facilities.
7 (x) The Department shall conduct annual credit history
8checks to determine the financial history of children placed
9under its guardianship pursuant to the Juvenile Court Act of
101987. The Department shall conduct such credit checks starting
11when a ward turns 12 years old and each year thereafter for the
12duration of the guardianship as terminated pursuant to the
13Juvenile Court Act of 1987. The Department shall determine if
14financial exploitation of the child's personal information has
15occurred. If financial exploitation appears to have taken place
16or is presently ongoing, the Department shall notify the proper
17law enforcement agency, the proper State's Attorney, or the
18Attorney General.
19 (y) Beginning on the effective date of this amendatory Act
20of the 96th General Assembly, a child with a disability who
21receives residential and educational services from the
22Department shall be eligible to receive transition services in
23accordance with Article 14 of the School Code from the age of
2414.5 through age 21, inclusive, notwithstanding the child's
25residential services arrangement. For purposes of this
26subsection, "child with a disability" means a child with a

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1disability as defined by the federal Individuals with
2Disabilities Education Improvement Act of 2004.
3 (z) The Department shall access criminal history record
4information as defined as "background information" in this
5subsection and criminal history record information as defined
6in the Illinois Uniform Conviction Information Act for each
7Department employee or Department applicant. Each Department
8employee or Department applicant shall submit his or her
9fingerprints to the Department of State Police in the form and
10manner prescribed by the Department of State Police. These
11fingerprints shall be checked against the fingerprint records
12now and hereafter filed in the Department of State Police and
13the Federal Bureau of Investigation criminal history records
14databases. The Department of State Police shall charge a fee
15for conducting the criminal history record check, which shall
16be deposited into the State Police Services Fund and shall not
17exceed the actual cost of the record check. The Department of
18State Police shall furnish, pursuant to positive
19identification, all Illinois conviction information to the
20Department of Children and Family Services.
21 For purposes of this subsection:
22 "Background information" means all of the following:
23 (i) Upon the request of the Department of Children and
24 Family Services, conviction information obtained from the
25 Department of State Police as a result of a
26 fingerprint-based criminal history records check of the

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1 Illinois criminal history records database and the Federal
2 Bureau of Investigation criminal history records database
3 concerning a Department employee or Department applicant.
4 (ii) Information obtained by the Department of
5 Children and Family Services after performing a check of
6 the Department of State Police's Sex Offender Database, as
7 authorized by Section 120 of the Sex Offender Community
8 Notification Law, concerning a Department employee or
9 Department applicant.
10 (iii) Information obtained by the Department of
11 Children and Family Services after performing a check of
12 the Child Abuse and Neglect Tracking System (CANTS)
13 operated and maintained by the Department.
14 "Department employee" means a full-time or temporary
15employee coded or certified within the State of Illinois
16Personnel System.
17 "Department applicant" means an individual who has
18conditional Department full-time or part-time work, a
19contractor, an individual used to replace or supplement staff,
20an academic intern, a volunteer in Department offices or on
21Department contracts, a work-study student, an individual or
22entity licensed by the Department, or an unlicensed service
23provider who works as a condition of a contract or an agreement
24and whose work may bring the unlicensed service provider into
25contact with Department clients or client records.
26(Source: P.A. 98-249, eff. 1-1-14; 98-570, eff. 8-27-13;

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198-756, eff. 7-16-14; 98-803, eff. 1-1-15; 99-143, eff.
27-27-15.)
3 Section 5-15. The Department of Commerce and Economic
4Opportunity Law of the Civil Administrative Code of Illinois is
5amended by changing Section 605-800 as follows:
6 (20 ILCS 605/605-800) (was 20 ILCS 605/46.19a in part)
7 Sec. 605-800. Training grants for skills in critical
8demand.
9 (a) Grants to provide training in fields affected by
10critical demands for certain skills may be made as provided in
11this Section.
12 (b) The Director may make grants to eligible employers or
13to other eligible entities on behalf of employers as authorized
14in subsection (c) to provide training for employees in fields
15for which there are critical demands for certain skills. No
16participating employee may be an unauthorized alien, as defined
17in 8 U.S.C. 1324a.
18 (c) The Director may accept applications for training grant
19funds and grant requests from: (i) entities sponsoring
20multi-company eligible employee training projects as defined
21in subsection (d), including business associations, strategic
22business partnerships, institutions of secondary or higher
23education, large manufacturers for supplier network companies,
24federal Job Training Partnership Act administrative entities

SB2884 Enrolled- 34 -LRB099 18144 RJF 42510 b
1or grant recipients, and labor organizations when those
2projects will address common training needs identified by
3participating companies; and (ii) individual employers that
4are undertaking eligible employee training projects as defined
5in subsection (d), including intermediaries and training
6agents.
7 (d) The Director may make grants to eligible applicants as
8defined in subsection (c) for employee training projects that
9include, but need not be limited to, one or more of the
10following:
11 (1) Training programs in response to new or changing
12 technology being introduced in the workplace.
13 (2) Job-linked training that offers special skills for
14 career advancement or that is preparatory for, and leads
15 directly to, jobs with definite career potential and
16 long-term job security.
17 (3) Training necessary to implement total quality
18 management or improvement or both management and
19 improvement systems within the workplace.
20 (4) Training related to new machinery or equipment.
21 (5) Training of employees of companies that are
22 expanding into new markets or expanding exports from
23 Illinois.
24 (6) Basic, remedial, or both basic and remedial
25 training of employees as a prerequisite for other
26 vocational or technical skills training or as a condition

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1 for sustained employment.
2 (7) Self-employment training of the unemployed and
3 underemployed with comprehensive, competency-based
4 instructional programs and services, entrepreneurial
5 education and training initiatives for youth and adult
6 learners in cooperation with the Illinois Institute for
7 Entrepreneurial Education, training and education,
8 conferences, workshops, and best practice information for
9 local program operators of entrepreneurial education and
10 self-employment training programs.
11 (8) Other training activities or projects, or both
12 training activities and projects, related to the support,
13 development, or evaluation of job training programs,
14 activities, and delivery systems, including training needs
15 assessment and design.
16 (e) Grants shall be made on the terms and conditions that
17the Department shall determine. No grant made under subsection
18(d), however, shall exceed 50% of the direct costs of all
19approved training programs provided by the employer or the
20employer's training agent or other entity as defined in
21subsection (c). Under this Section, allowable costs include,
22but are not limited to:
23 (1) Administrative costs of tracking, documenting,
24 reporting, and processing training funds or project costs.
25 (2) Curriculum development.
26 (3) Wages and fringe benefits of employees.

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1 (4) Training materials, including scrap product costs.
2 (5) Trainee travel expenses.
3 (6) Instructor costs, including wages, fringe
4 benefits, tuition, and travel expenses.
5 (7) Rent, purchase, or lease of training equipment.
6 (8) Other usual and customary training costs.
7 (f) The Department may conduct on-site grant monitoring
8visits to verify trainee employment dates and wages and to
9ensure that the grantee's financial management system is
10structured to provide for accurate, current, and complete
11disclosure of the financial results of the grant program in
12accordance with all provisions, terms, and conditions
13contained in the grant contract. Each applicant must, on
14request by the Department, provide to the Department a
15notarized certification signed and dated by a duly authorized
16representative of the applicant, or that representative's
17authorized designee, certifying that all participating
18employees are employed at an Illinois facility and, for each
19participating employee, stating the employee's name and
20providing either (i) the employee's social security number or
21(ii) a statement that the applicant has adequate written
22verification that the employee is employed at an Illinois
23facility. The Department may audit the accuracy of submissions.
24Applicants sponsoring multi-company training grant programs
25shall obtain information meeting the requirement of this
26subsection from each participating company and provide it to

SB2884 Enrolled- 37 -LRB099 18144 RJF 42510 b
1the Department upon request.
2 (g) The Director may establish and collect a schedule of
3charges from subgrantee entities and other system users under
4federal job-training programs for participating in and
5utilizing the Department's automated job-training program
6information systems if the systems and the necessary
7participation and utilization are requirements of the federal
8job-training programs. All monies collected pursuant to this
9subsection shall be deposited into the Federal Workforce
10Training Title III Social Security and Employment Fund and may
11be used, subject to appropriation by the General Assembly, only
12for the purpose of financing the maintenance and operation of
13the automated federal job-training information systems ,
14except that any moneys that may be necessary to pay liabilities
15outstanding as of June 30, 2000 shall be deposited into the
16Federal Job-Training Information Systems Revolving Fund.
17(Source: P.A. 96-171, eff. 8-10-09.)
18 (20 ILCS 605/605-524 rep.)
19 (20 ILCS 605/605-805 rep.)
20 (20 ILCS 605/605-875 rep.)
21 Section 5-16. The Department of Commerce and Economic
22Opportunity Law of the Civil Administrative Code of Illinois is
23amended by repealing Sections 605-524, 605-805, and 605-875.
24 Section 5-20. The Corporate Headquarters Relocation Act is

SB2884 Enrolled- 38 -LRB099 18144 RJF 42510 b
1amended by adding Section 45 as follows:
2 (20 ILCS 611/45 new)
3 Sec. 45. Repeal. This Act is repealed on October 1, 2016.
4 (20 ILCS 662/45 rep.)
5 Section 5-25. The Local Planning Technical Assistance Act
6is amended by repealing Section 45.
7 (20 ILCS 1305/10-30 rep.)
8 Section 5-30. The Department of Human Services Act is
9amended by repealing Section 10-30.
10 Section 5-35. The Illinois Lottery Law is amended by
11changing Sections 2, 7.2, 9, and 9.1 as follows:
12 (20 ILCS 1605/2) (from Ch. 120, par. 1152)
13 Sec. 2. This Act is enacted to implement and establish
14within the State a lottery to be conducted by the State through
15the Department. The entire net proceeds of the Lottery are to
16be used for the support of the State's Common School Fund,
17except as provided in subsection (o) of Section 9.1 and
18Sections 21.2, 21.5, 21.6, 21.7, 21.8, and 21.9. The General
19Assembly finds that it is in the public interest for the
20Department to conduct the functions of the Lottery with the
21assistance of a private manager under a management agreement

SB2884 Enrolled- 39 -LRB099 18144 RJF 42510 b
1overseen by the Department. The Department shall be accountable
2to the General Assembly and the people of the State through a
3comprehensive system of regulation, audits, reports, and
4enduring operational oversight. The Department's ongoing
5conduct of the Lottery through a management agreement with a
6private manager shall act to promote and ensure the integrity,
7security, honesty, and fairness of the Lottery's operation and
8administration. It is the intent of the General Assembly that
9the Department shall conduct the Lottery with the assistance of
10a private manager under a management agreement at all times in
11a manner consistent with 18 U.S.C. 1307(a)(1), 1307(b)(1),
121953(b)(4).
13(Source: P.A. 98-649, eff. 6-16-14.)
14 (20 ILCS 1605/7.2) (from Ch. 120, par. 1157.2)
15 Sec. 7.2. The rules and regulations of the Department may
16include, but shall not be limited to, the following:
17 (1) The types of lotteries to be conducted;
18 (2) The price, or prices, of tickets or shares in the
19lottery;
20 (3) The numbers and sizes of the prizes on the winning
21tickets or shares;
22 (4) The manner of selecting the winning tickets or shares;
23 (5) The manner of payment of prizes to the holders of
24winning tickets or shares;
25 (6) The frequency of the drawing or selections of winning

SB2884 Enrolled- 40 -LRB099 18144 RJF 42510 b
1tickets or shares, without limitation;
2 (7) Without limit to number, the type or types of locations
3at which tickets or shares may be sold;
4 (8) The method to be used in selling tickets or shares;
5 (9) The manner and amount of compensation, if any, to be
6paid licensed sales agents necessary to provide for the
7adequate availability of tickets or shares to prospective
8buyers and for the convenience of the public;
9 (10) The apportionment of the total revenues accruing from
10the sale of lottery tickets or shares and from all other
11sources among (i) the payment of prizes to the holders of
12winning tickets or shares, (ii) the payment of costs incurred
13in the operation and administration of the lottery, including
14the expenses of the Department and the costs resulting from any
15contract or contracts entered into for promotional,
16advertising or operational services or for the purchase or
17lease of lottery equipment and materials, and (iii) for monthly
18transfers to the Common School Fund. The net revenues accruing
19from the sale of lottery tickets shall be determined by
20deducting from total revenues the payments required by
21paragraphs (i) and (ii) of this subsection.
22 (11) Such other matters necessary or desirable for the
23efficient and economical operation and administration of the
24lottery and for the convenience of the purchasers of tickets or
25shares and the holders of winning tickets or shares.
26 Any rules and regulations of the Department with respect to

SB2884 Enrolled- 41 -LRB099 18144 RJF 42510 b
1monthly transfers to the Common School Fund are subject to
2Section 21.2.
3(Source: P.A. 84-1128.)
4 (20 ILCS 1605/9) (from Ch. 120, par. 1159)
5 Sec. 9. The Director, as administrative head of the
6Department, shall direct and supervise all its administrative
7and technical activities. In addition to the duties imposed
8upon him elsewhere in this Act, it shall be the Director's
9duty:
10 a. To supervise and administer the operation of the lottery
11in accordance with the provisions of this Act or such rules and
12regulations of the Department adopted thereunder.
13 b. To attend meetings of the Board or to appoint a designee
14to attend in his stead.
15 c. To employ and direct such personnel in accord with the
16Personnel Code, as may be necessary to carry out the purposes
17of this Act. In addition, the Director may by agreement secure
18such services as he or she may deem necessary from any other
19department, agency, or unit of the State government, and may
20employ and compensate such consultants and technical
21assistants as may be required and is otherwise permitted by
22law.
23 d. To license, in accordance with the provisions of
24Sections 10 and 10.1 of this Act and the rules and regulations
25of the Department adopted thereunder, as agents to sell lottery

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1tickets such persons as in his opinion will best serve the
2public convenience and promote the sale of tickets or shares.
3The Director may require a bond from every licensed agent, in
4such amount as provided in the rules and regulations of the
5Department. Every licensed agent shall prominently display his
6license, or a copy thereof, as provided in the rules and
7regulations of the Department.
8 e. To suspend or revoke any license issued pursuant to this
9Act or the rules and regulations promulgated by the Department
10thereunder.
11 f. To confer regularly as necessary or desirable and not
12less than once every month with the Lottery Control Board on
13the operation and administration of the Lottery; to make
14available for inspection by the Board or any member of the
15Board, upon request, all books, records, files, and other
16information and documents of his office; to advise the Board
17and recommend such rules and regulations and such other matters
18as he deems necessary and advisable to improve the operation
19and administration of the lottery.
20 g. To enter into contracts for the operation of the
21lottery, or any part thereof, and into contracts for the
22promotion of the lottery on behalf of the Department with any
23person, firm or corporation, to perform any of the functions
24provided for in this Act or the rules and regulations
25promulgated thereunder. The Department shall not expend State
26funds on a contractual basis for such functions unless those

SB2884 Enrolled- 43 -LRB099 18144 RJF 42510 b
1functions and expenditures are expressly authorized by the
2General Assembly.
3 h. To enter into an agreement or agreements with the
4management of state lotteries operated pursuant to the laws of
5other states for the purpose of creating and operating a
6multi-state lottery game wherein a separate and distinct prize
7pool would be combined to award larger prizes to the public
8than could be offered by the several state lotteries,
9individually. No tickets or shares offered in connection with a
10multi-state lottery game shall be sold within the State of
11Illinois, except those offered by and through the Department.
12No such agreement shall purport to pledge the full faith and
13credit of the State of Illinois, nor shall the Department
14expend State funds on a contractual basis in connection with
15any such game unless such expenditures are expressly authorized
16by the General Assembly, provided, however, that in the event
17of error or omission by the Illinois State Lottery in the
18conduct of the game, as determined by the multi-state game
19directors, the Department shall be authorized to pay a prize
20winner or winners the lesser of a disputed prize or $1,000,000,
21any such payment to be made solely from funds appropriated for
22game prize purposes. The Department shall be authorized to
23share in the ordinary operating expenses of any such
24multi-state lottery game, from funds appropriated by the
25General Assembly, and in the event the multi-state game control
26offices are physically located within the State of Illinois,

SB2884 Enrolled- 44 -LRB099 18144 RJF 42510 b
1the Department is authorized to advance start-up operating
2costs not to exceed $150,000, subject to proportionate
3reimbursement of such costs by the other participating state
4lotteries. The Department shall be authorized to share
5proportionately in the costs of establishing a liability
6reserve fund from funds appropriated by the General Assembly.
7The Department is authorized to transfer prize award funds
8attributable to Illinois sales of multi-state lottery game
9tickets to the multi-state control office, or its designated
10depository, for deposit to such game pool account or accounts
11as may be established by the multi-state game directors, the
12records of which account or accounts shall be available at all
13times for inspection in an audit by the Auditor General of
14Illinois and any other auditors pursuant to the laws of the
15State of Illinois. No multi-state game prize awarded to a
16nonresident of Illinois, with respect to a ticket or share
17purchased in a state other than the State of Illinois, shall be
18deemed to be a prize awarded under this Act for the purpose of
19taxation under the Illinois Income Tax Act. The Department
20shall promulgate such rules as may be appropriate to implement
21the provisions of this Section.
22 i. To make a continuous study and investigation of (1) the
23operation and the administration of similar laws which may be
24in effect in other states or countries, (2) any literature on
25the subject which from time to time may be published or
26available, (3) any Federal laws which may affect the operation

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1of the lottery, and (4) the reaction of Illinois citizens to
2existing and potential features of the lottery with a view to
3recommending or effecting changes that will tend to serve the
4purposes of this Act.
5 j. To report monthly to the State Treasurer and the Lottery
6Control Board a full and complete statement of lottery
7revenues, prize disbursements and other expenses for each month
8and the amounts to be transferred to the Common School Fund
9pursuant to Section 7.2 or such other funds as are otherwise
10authorized by Section 21.2 of this Act, and to make an annual
11report, which shall include a full and complete statement of
12lottery revenues, prize disbursements and other expenses, to
13the Governor and the Board. All reports required by this
14subsection shall be public and copies of all such reports shall
15be sent to the Speaker of the House, the President of the
16Senate, and the minority leaders of both houses.
17(Source: P.A. 97-464, eff. 10-15-11; 98-499, eff. 8-16-13.)
18 (20 ILCS 1605/9.1)
19 Sec. 9.1. Private manager and management agreement.
20 (a) As used in this Section:
21 "Offeror" means a person or group of persons that responds
22to a request for qualifications under this Section.
23 "Request for qualifications" means all materials and
24documents prepared by the Department to solicit the following
25from offerors:

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1 (1) Statements of qualifications.
2 (2) Proposals to enter into a management agreement,
3 including the identity of any prospective vendor or vendors
4 that the offeror intends to initially engage to assist the
5 offeror in performing its obligations under the management
6 agreement.
7 "Final offer" means the last proposal submitted by an
8offeror in response to the request for qualifications,
9including the identity of any prospective vendor or vendors
10that the offeror intends to initially engage to assist the
11offeror in performing its obligations under the management
12agreement.
13 "Final offeror" means the offeror ultimately selected by
14the Governor to be the private manager for the Lottery under
15subsection (h) of this Section.
16 (b) By September 15, 2010, the Governor shall select a
17private manager for the total management of the Lottery with
18integrated functions, such as lottery game design, supply of
19goods and services, and advertising and as specified in this
20Section.
21 (c) Pursuant to the terms of this subsection, the
22Department shall endeavor to expeditiously terminate the
23existing contracts in support of the Lottery in effect on the
24effective date of this amendatory Act of the 96th General
25Assembly in connection with the selection of the private
26manager. As part of its obligation to terminate these contracts

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1and select the private manager, the Department shall establish
2a mutually agreeable timetable to transfer the functions of
3existing contractors to the private manager so that existing
4Lottery operations are not materially diminished or impaired
5during the transition. To that end, the Department shall do the
6following:
7 (1) where such contracts contain a provision
8 authorizing termination upon notice, the Department shall
9 provide notice of termination to occur upon the mutually
10 agreed timetable for transfer of functions;
11 (2) upon the expiration of any initial term or renewal
12 term of the current Lottery contracts, the Department shall
13 not renew such contract for a term extending beyond the
14 mutually agreed timetable for transfer of functions; or
15 (3) in the event any current contract provides for
16 termination of that contract upon the implementation of a
17 contract with the private manager, the Department shall
18 perform all necessary actions to terminate the contract on
19 the date that coincides with the mutually agreed timetable
20 for transfer of functions.
21 If the contracts to support the current operation of the
22Lottery in effect on the effective date of this amendatory Act
23of the 96th General Assembly are not subject to termination as
24provided for in this subsection (c), then the Department may
25include a provision in the contract with the private manager
26specifying a mutually agreeable methodology for incorporation.

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1 (c-5) The Department shall include provisions in the
2management agreement whereby the private manager shall, for a
3fee, and pursuant to a contract negotiated with the Department
4(the "Employee Use Contract"), utilize the services of current
5Department employees to assist in the administration and
6operation of the Lottery. The Department shall be the employer
7of all such bargaining unit employees assigned to perform such
8work for the private manager, and such employees shall be State
9employees, as defined by the Personnel Code. Department
10employees shall operate under the same employment policies,
11rules, regulations, and procedures, as other employees of the
12Department. In addition, neither historical representation
13rights under the Illinois Public Labor Relations Act, nor
14existing collective bargaining agreements, shall be disturbed
15by the management agreement with the private manager for the
16management of the Lottery.
17 (d) The management agreement with the private manager shall
18include all of the following:
19 (1) A term not to exceed 10 years, including any
20 renewals.
21 (2) A provision specifying that the Department:
22 (A) shall exercise actual control over all
23 significant business decisions;
24 (A-5) has the authority to direct or countermand
25 operating decisions by the private manager at any time;
26 (B) has ready access at any time to information

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1 regarding Lottery operations;
2 (C) has the right to demand and receive information
3 from the private manager concerning any aspect of the
4 Lottery operations at any time; and
5 (D) retains ownership of all trade names,
6 trademarks, and intellectual property associated with
7 the Lottery.
8 (3) A provision imposing an affirmative duty on the
9 private manager to provide the Department with material
10 information and with any information the private manager
11 reasonably believes the Department would want to know to
12 enable the Department to conduct the Lottery.
13 (4) A provision requiring the private manager to
14 provide the Department with advance notice of any operating
15 decision that bears significantly on the public interest,
16 including, but not limited to, decisions on the kinds of
17 games to be offered to the public and decisions affecting
18 the relative risk and reward of the games being offered, so
19 the Department has a reasonable opportunity to evaluate and
20 countermand that decision.
21 (5) A provision providing for compensation of the
22 private manager that may consist of, among other things, a
23 fee for services and a performance based bonus as
24 consideration for managing the Lottery, including terms
25 that may provide the private manager with an increase in
26 compensation if Lottery revenues grow by a specified

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1 percentage in a given year.
2 (6) (Blank).
3 (7) A provision requiring the deposit of all Lottery
4 proceeds to be deposited into the State Lottery Fund except
5 as otherwise provided in Section 20 of this Act.
6 (8) A provision requiring the private manager to locate
7 its principal office within the State.
8 (8-5) A provision encouraging that at least 20% of the
9 cost of contracts entered into for goods and services by
10 the private manager in connection with its management of
11 the Lottery, other than contracts with sales agents or
12 technical advisors, be awarded to businesses that are a
13 minority owned business, a female owned business, or a
14 business owned by a person with disability, as those terms
15 are defined in the Business Enterprise for Minorities,
16 Females, and Persons with Disabilities Act.
17 (9) A requirement that so long as the private manager
18 complies with all the conditions of the agreement under the
19 oversight of the Department, the private manager shall have
20 the following duties and obligations with respect to the
21 management of the Lottery:
22 (A) The right to use equipment and other assets
23 used in the operation of the Lottery.
24 (B) The rights and obligations under contracts
25 with retailers and vendors.
26 (C) The implementation of a comprehensive security

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1 program by the private manager.
2 (D) The implementation of a comprehensive system
3 of internal audits.
4 (E) The implementation of a program by the private
5 manager to curb compulsive gambling by persons playing
6 the Lottery.
7 (F) A system for determining (i) the type of
8 Lottery games, (ii) the method of selecting winning
9 tickets, (iii) the manner of payment of prizes to
10 holders of winning tickets, (iv) the frequency of
11 drawings of winning tickets, (v) the method to be used
12 in selling tickets, (vi) a system for verifying the
13 validity of tickets claimed to be winning tickets,
14 (vii) the basis upon which retailer commissions are
15 established by the manager, and (viii) minimum
16 payouts.
17 (10) A requirement that advertising and promotion must
18 be consistent with Section 7.8a of this Act.
19 (11) A requirement that the private manager market the
20 Lottery to those residents who are new, infrequent, or
21 lapsed players of the Lottery, especially those who are
22 most likely to make regular purchases on the Internet as
23 permitted by law.
24 (12) A code of ethics for the private manager's
25 officers and employees.
26 (13) A requirement that the Department monitor and

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1 oversee the private manager's practices and take action
2 that the Department considers appropriate to ensure that
3 the private manager is in compliance with the terms of the
4 management agreement, while allowing the manager, unless
5 specifically prohibited by law or the management
6 agreement, to negotiate and sign its own contracts with
7 vendors.
8 (14) A provision requiring the private manager to
9 periodically file, at least on an annual basis, appropriate
10 financial statements in a form and manner acceptable to the
11 Department.
12 (15) Cash reserves requirements.
13 (16) Procedural requirements for obtaining the prior
14 approval of the Department when a management agreement or
15 an interest in a management agreement is sold, assigned,
16 transferred, or pledged as collateral to secure financing.
17 (17) Grounds for the termination of the management
18 agreement by the Department or the private manager.
19 (18) Procedures for amendment of the agreement.
20 (19) A provision requiring the private manager to
21 engage in an open and competitive bidding process for any
22 procurement having a cost in excess of $50,000 that is not
23 a part of the private manager's final offer. The process
24 shall favor the selection of a vendor deemed to have
25 submitted a proposal that provides the Lottery with the
26 best overall value. The process shall not be subject to the

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1 provisions of the Illinois Procurement Code, unless
2 specifically required by the management agreement.
3 (20) The transition of rights and obligations,
4 including any associated equipment or other assets used in
5 the operation of the Lottery, from the manager to any
6 successor manager of the lottery, including the
7 Department, following the termination of or foreclosure
8 upon the management agreement.
9 (21) Right of use of copyrights, trademarks, and
10 service marks held by the Department in the name of the
11 State. The agreement must provide that any use of them by
12 the manager shall only be for the purpose of fulfilling its
13 obligations under the management agreement during the term
14 of the agreement.
15 (22) The disclosure of any information requested by the
16 Department to enable it to comply with the reporting
17 requirements and information requests provided for under
18 subsection (p) of this Section.
19 (e) Notwithstanding any other law to the contrary, the
20Department shall select a private manager through a competitive
21request for qualifications process consistent with Section
2220-35 of the Illinois Procurement Code, which shall take into
23account:
24 (1) the offeror's ability to market the Lottery to
25 those residents who are new, infrequent, or lapsed players
26 of the Lottery, especially those who are most likely to

SB2884 Enrolled- 54 -LRB099 18144 RJF 42510 b
1 make regular purchases on the Internet;
2 (2) the offeror's ability to address the State's
3 concern with the social effects of gambling on those who
4 can least afford to do so;
5 (3) the offeror's ability to provide the most
6 successful management of the Lottery for the benefit of the
7 people of the State based on current and past business
8 practices or plans of the offeror; and
9 (4) the offeror's poor or inadequate past performance
10 in servicing, equipping, operating or managing a lottery on
11 behalf of Illinois, another State or foreign government and
12 attracting persons who are not currently regular players of
13 a lottery.
14 (f) The Department may retain the services of an advisor or
15advisors with significant experience in financial services or
16the management, operation, and procurement of goods, services,
17and equipment for a government-run lottery to assist in the
18preparation of the terms of the request for qualifications and
19selection of the private manager. Any prospective advisor
20seeking to provide services under this subsection (f) shall
21disclose any material business or financial relationship
22during the past 3 years with any potential offeror, or with a
23contractor or subcontractor presently providing goods,
24services, or equipment to the Department to support the
25Lottery. The Department shall evaluate the material business or
26financial relationship of each prospective advisor. The

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1Department shall not select any prospective advisor with a
2substantial business or financial relationship that the
3Department deems to impair the objectivity of the services to
4be provided by the prospective advisor. During the course of
5the advisor's engagement by the Department, and for a period of
6one year thereafter, the advisor shall not enter into any
7business or financial relationship with any offeror or any
8vendor identified to assist an offeror in performing its
9obligations under the management agreement. Any advisor
10retained by the Department shall be disqualified from being an
11offeror. The Department shall not include terms in the request
12for qualifications that provide a material advantage whether
13directly or indirectly to any potential offeror, or any
14contractor or subcontractor presently providing goods,
15services, or equipment to the Department to support the
16Lottery, including terms contained in previous responses to
17requests for proposals or qualifications submitted to
18Illinois, another State or foreign government when those terms
19are uniquely associated with a particular potential offeror,
20contractor, or subcontractor. The request for proposals
21offered by the Department on December 22, 2008 as
22"LOT08GAMESYS" and reference number "22016176" is declared
23void.
24 (g) The Department shall select at least 2 offerors as
25finalists to potentially serve as the private manager no later
26than August 9, 2010. Upon making preliminary selections, the

SB2884 Enrolled- 56 -LRB099 18144 RJF 42510 b
1Department shall schedule a public hearing on the finalists'
2proposals and provide public notice of the hearing at least 7
3calendar days before the hearing. The notice must include all
4of the following:
5 (1) The date, time, and place of the hearing.
6 (2) The subject matter of the hearing.
7 (3) A brief description of the management agreement to
8 be awarded.
9 (4) The identity of the offerors that have been
10 selected as finalists to serve as the private manager.
11 (5) The address and telephone number of the Department.
12 (h) At the public hearing, the Department shall (i) provide
13sufficient time for each finalist to present and explain its
14proposal to the Department and the Governor or the Governor's
15designee, including an opportunity to respond to questions
16posed by the Department, Governor, or designee and (ii) allow
17the public and non-selected offerors to comment on the
18presentations. The Governor or a designee shall attend the
19public hearing. After the public hearing, the Department shall
20have 14 calendar days to recommend to the Governor whether a
21management agreement should be entered into with a particular
22finalist. After reviewing the Department's recommendation, the
23Governor may accept or reject the Department's recommendation,
24and shall select a final offeror as the private manager by
25publication of a notice in the Illinois Procurement Bulletin on
26or before September 15, 2010. The Governor shall include in the

SB2884 Enrolled- 57 -LRB099 18144 RJF 42510 b
1notice a detailed explanation and the reasons why the final
2offeror is superior to other offerors and will provide
3management services in a manner that best achieves the
4objectives of this Section. The Governor shall also sign the
5management agreement with the private manager.
6 (i) Any action to contest the private manager selected by
7the Governor under this Section must be brought within 7
8calendar days after the publication of the notice of the
9designation of the private manager as provided in subsection
10(h) of this Section.
11 (j) The Lottery shall remain, for so long as a private
12manager manages the Lottery in accordance with provisions of
13this Act, a Lottery conducted by the State, and the State shall
14not be authorized to sell or transfer the Lottery to a third
15party.
16 (k) Any tangible personal property used exclusively in
17connection with the lottery that is owned by the Department and
18leased to the private manager shall be owned by the Department
19in the name of the State and shall be considered to be public
20property devoted to an essential public and governmental
21function.
22 (l) The Department may exercise any of its powers under
23this Section or any other law as necessary or desirable for the
24execution of the Department's powers under this Section.
25 (m) Neither this Section nor any management agreement
26entered into under this Section prohibits the General Assembly

SB2884 Enrolled- 58 -LRB099 18144 RJF 42510 b
1from authorizing forms of gambling that are not in direct
2competition with the Lottery.
3 (n) The private manager shall be subject to a complete
4investigation in the third, seventh, and tenth years of the
5agreement (if the agreement is for a 10-year term) by the
6Department in cooperation with the Auditor General to determine
7whether the private manager has complied with this Section and
8the management agreement. The private manager shall bear the
9cost of an investigation or reinvestigation of the private
10manager under this subsection.
11 (o) The powers conferred by this Section are in addition
12and supplemental to the powers conferred by any other law. If
13any other law or rule is inconsistent with this Section,
14including, but not limited to, provisions of the Illinois
15Procurement Code, then this Section controls as to any
16management agreement entered into under this Section. This
17Section and any rules adopted under this Section contain full
18and complete authority for a management agreement between the
19Department and a private manager. No law, procedure,
20proceeding, publication, notice, consent, approval, order, or
21act by the Department or any other officer, Department, agency,
22or instrumentality of the State or any political subdivision is
23required for the Department to enter into a management
24agreement under this Section. This Section contains full and
25complete authority for the Department to approve any contracts
26entered into by a private manager with a vendor providing

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1goods, services, or both goods and services to the private
2manager under the terms of the management agreement, including
3subcontractors of such vendors.
4 Upon receipt of a written request from the Chief
5Procurement Officer, the Department shall provide to the Chief
6Procurement Officer a complete and un-redacted copy of the
7management agreement or any contract that is subject to the
8Department's approval authority under this subsection (o). The
9Department shall provide a copy of the agreement or contract to
10the Chief Procurement Officer in the time specified by the
11Chief Procurement Officer in his or her written request, but no
12later than 5 business days after the request is received by the
13Department. The Chief Procurement Officer must retain any
14portions of the management agreement or of any contract
15designated by the Department as confidential, proprietary, or
16trade secret information in complete confidence pursuant to
17subsection (g) of Section 7 of the Freedom of Information Act.
18The Department shall also provide the Chief Procurement Officer
19with reasonable advance written notice of any contract that is
20pending Department approval.
21 Notwithstanding any other provision of this Section to the
22contrary, the Chief Procurement Officer shall adopt
23administrative rules, including emergency rules, to establish
24a procurement process to select a successor private manager if
25a private management agreement has been terminated. The
26selection process shall at a minimum take into account the

SB2884 Enrolled- 60 -LRB099 18144 RJF 42510 b
1criteria set forth in items (1) through (4) of subsection (e)
2of this Section and may include provisions consistent with
3subsections (f), (g), (h), and (i) of this Section. The Chief
4Procurement Officer shall also implement and administer the
5adopted selection process upon the termination of a private
6management agreement. The Department, after the Chief
7Procurement Officer certifies that the procurement process has
8been followed in accordance with the rules adopted under this
9subsection (o), shall select a final offeror as the private
10manager and sign the management agreement with the private
11manager.
12 Except as provided in Sections 21.2, 21.5, 21.6, 21.7,
1321.8, and 21.9, the Department shall distribute all proceeds of
14lottery tickets and shares sold in the following priority and
15manner:
16 (1) The payment of prizes and retailer bonuses.
17 (2) The payment of costs incurred in the operation and
18 administration of the Lottery, including the payment of
19 sums due to the private manager under the management
20 agreement with the Department.
21 (3) On the last day of each month or as soon thereafter
22 as possible, the State Comptroller shall direct and the
23 State Treasurer shall transfer from the State Lottery Fund
24 to the Common School Fund an amount that is equal to the
25 proceeds transferred in the corresponding month of fiscal
26 year 2009, as adjusted for inflation, to the Common School

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1 Fund.
2 (4) On or before the last day of each fiscal year,
3 deposit any remaining proceeds, subject to payments under
4 items (1), (2), and (3) into the Capital Projects Fund each
5 fiscal year.
6 (p) The Department shall be subject to the following
7reporting and information request requirements:
8 (1) the Department shall submit written quarterly
9 reports to the Governor and the General Assembly on the
10 activities and actions of the private manager selected
11 under this Section;
12 (2) upon request of the Chief Procurement Officer, the
13 Department shall promptly produce information related to
14 the procurement activities of the Department and the
15 private manager requested by the Chief Procurement
16 Officer; the Chief Procurement Officer must retain
17 confidential, proprietary, or trade secret information
18 designated by the Department in complete confidence
19 pursuant to subsection (g) of Section 7 of the Freedom of
20 Information Act; and
21 (3) at least 30 days prior to the beginning of the
22 Department's fiscal year, the Department shall prepare an
23 annual written report on the activities of the private
24 manager selected under this Section and deliver that report
25 to the Governor and General Assembly.
26(Source: P.A. 97-464, eff. 8-19-11; 98-463, eff. 8-16-13;

SB2884 Enrolled- 62 -LRB099 18144 RJF 42510 b
198-649, eff. 6-16-14.)
2 (20 ILCS 1605/21.2 rep.)
3 Section 5-40. The Illinois Lottery Law is amended by
4repealing Section 21.2.
5 (20 ILCS 1705/21.2 rep.)
6 Section 5-45. The Mental Health and Developmental
7Disabilities Administrative Act is amended by repealing
8Section 21.2.
9 Section 5-50. The Department of Professional Regulation
10Law of the Civil Administrative Code of Illinois is amended by
11changing Section 2105-15 as follows:
12 (20 ILCS 2105/2105-15)
13 Sec. 2105-15. General powers and duties.
14 (a) The Department has, subject to the provisions of the
15Civil Administrative Code of Illinois, the following powers and
16duties:
17 (1) To authorize examinations in English to ascertain
18 the qualifications and fitness of applicants to exercise
19 the profession, trade, or occupation for which the
20 examination is held.
21 (2) To prescribe rules and regulations for a fair and
22 wholly impartial method of examination of candidates to

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1 exercise the respective professions, trades, or
2 occupations.
3 (3) To pass upon the qualifications of applicants for
4 licenses, certificates, and authorities, whether by
5 examination, by reciprocity, or by endorsement.
6 (4) To prescribe rules and regulations defining, for
7 the respective professions, trades, and occupations, what
8 shall constitute a school, college, or university, or
9 department of a university, or other institution,
10 reputable and in good standing, and to determine the
11 reputability and good standing of a school, college, or
12 university, or department of a university, or other
13 institution, reputable and in good standing, by reference
14 to a compliance with those rules and regulations; provided,
15 that no school, college, or university, or department of a
16 university, or other institution that refuses admittance
17 to applicants solely on account of race, color, creed, sex,
18 sexual orientation, or national origin shall be considered
19 reputable and in good standing.
20 (5) To conduct hearings on proceedings to revoke,
21 suspend, refuse to renew, place on probationary status, or
22 take other disciplinary action as authorized in any
23 licensing Act administered by the Department with regard to
24 licenses, certificates, or authorities of persons
25 exercising the respective professions, trades, or
26 occupations and to revoke, suspend, refuse to renew, place

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1 on probationary status, or take other disciplinary action
2 as authorized in any licensing Act administered by the
3 Department with regard to those licenses, certificates, or
4 authorities.
5 The Department shall issue a monthly disciplinary
6 report.
7 The Department shall deny any license or renewal
8 authorized by the Civil Administrative Code of Illinois to
9 any person who has defaulted on an educational loan or
10 scholarship provided by or guaranteed by the Illinois
11 Student Assistance Commission or any governmental agency
12 of this State; however, the Department may issue a license
13 or renewal if the aforementioned persons have established a
14 satisfactory repayment record as determined by the
15 Illinois Student Assistance Commission or other
16 appropriate governmental agency of this State.
17 Additionally, beginning June 1, 1996, any license issued by
18 the Department may be suspended or revoked if the
19 Department, after the opportunity for a hearing under the
20 appropriate licensing Act, finds that the licensee has
21 failed to make satisfactory repayment to the Illinois
22 Student Assistance Commission for a delinquent or
23 defaulted loan. For the purposes of this Section,
24 "satisfactory repayment record" shall be defined by rule.
25 The Department shall refuse to issue or renew a license
26 to, or shall suspend or revoke a license of, any person

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1 who, after receiving notice, fails to comply with a
2 subpoena or warrant relating to a paternity or child
3 support proceeding. However, the Department may issue a
4 license or renewal upon compliance with the subpoena or
5 warrant.
6 The Department, without further process or hearings,
7 shall revoke, suspend, or deny any license or renewal
8 authorized by the Civil Administrative Code of Illinois to
9 a person who is certified by the Department of Healthcare
10 and Family Services (formerly Illinois Department of
11 Public Aid) as being more than 30 days delinquent in
12 complying with a child support order or who is certified by
13 a court as being in violation of the Non-Support Punishment
14 Act for more than 60 days. The Department may, however,
15 issue a license or renewal if the person has established a
16 satisfactory repayment record as determined by the
17 Department of Healthcare and Family Services (formerly
18 Illinois Department of Public Aid) or if the person is
19 determined by the court to be in compliance with the
20 Non-Support Punishment Act. The Department may implement
21 this paragraph as added by Public Act 89-6 through the use
22 of emergency rules in accordance with Section 5-45 of the
23 Illinois Administrative Procedure Act. For purposes of the
24 Illinois Administrative Procedure Act, the adoption of
25 rules to implement this paragraph shall be considered an
26 emergency and necessary for the public interest, safety,

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1 and welfare.
2 (6) To transfer jurisdiction of any realty under the
3 control of the Department to any other department of the
4 State Government or to acquire or accept federal lands when
5 the transfer, acquisition, or acceptance is advantageous
6 to the State and is approved in writing by the Governor.
7 (7) To formulate rules and regulations necessary for
8 the enforcement of any Act administered by the Department.
9 (8) To exchange with the Department of Healthcare and
10 Family Services information that may be necessary for the
11 enforcement of child support orders entered pursuant to the
12 Illinois Public Aid Code, the Illinois Marriage and
13 Dissolution of Marriage Act, the Non-Support of Spouse and
14 Children Act, the Non-Support Punishment Act, the Revised
15 Uniform Reciprocal Enforcement of Support Act, the Uniform
16 Interstate Family Support Act, the Illinois Parentage Act
17 of 1984, or the Illinois Parentage Act of 2015.
18 Notwithstanding any provisions in this Code to the
19 contrary, the Department of Professional Regulation shall
20 not be liable under any federal or State law to any person
21 for any disclosure of information to the Department of
22 Healthcare and Family Services (formerly Illinois
23 Department of Public Aid) under this paragraph (8) or for
24 any other action taken in good faith to comply with the
25 requirements of this paragraph (8).
26 (8.5) To accept continuing education credit for

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1 mandated reporter training on how to recognize and report
2 child abuse offered by the Department of Children and
3 Family Services and completed by any person who holds a
4 professional license issued by the Department and who is a
5 mandated reporter under the Abused and Neglected Child
6 Reporting Act. The Department shall adopt any rules
7 necessary to implement this paragraph.
8 (9) To perform other duties prescribed by law.
9 (a-5) Except in cases involving default on an educational
10loan or scholarship provided by or guaranteed by the Illinois
11Student Assistance Commission or any governmental agency of
12this State or in cases involving delinquency in complying with
13a child support order or violation of the Non-Support
14Punishment Act and notwithstanding anything that may appear in
15any individual licensing Act or administrative rule, no person
16or entity whose license, certificate, or authority has been
17revoked as authorized in any licensing Act administered by the
18Department may apply for restoration of that license,
19certification, or authority until 3 years after the effective
20date of the revocation.
21 (b) (Blank). The Department may, when a fee is payable to
22the Department for a wall certificate of registration provided
23by the Department of Central Management Services, require that
24portion of the payment for printing and distribution costs be
25made directly or through the Department to the Department of
26Central Management Services for deposit into the Paper and

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1Printing Revolving Fund. The remainder shall be deposited into
2the General Revenue Fund.
3 (c) For the purpose of securing and preparing evidence, and
4for the purchase of controlled substances, professional
5services, and equipment necessary for enforcement activities,
6recoupment of investigative costs, and other activities
7directed at suppressing the misuse and abuse of controlled
8substances, including those activities set forth in Sections
9504 and 508 of the Illinois Controlled Substances Act, the
10Director and agents appointed and authorized by the Director
11may expend sums from the Professional Regulation Evidence Fund
12that the Director deems necessary from the amounts appropriated
13for that purpose. Those sums may be advanced to the agent when
14the Director deems that procedure to be in the public interest.
15Sums for the purchase of controlled substances, professional
16services, and equipment necessary for enforcement activities
17and other activities as set forth in this Section shall be
18advanced to the agent who is to make the purchase from the
19Professional Regulation Evidence Fund on vouchers signed by the
20Director. The Director and those agents are authorized to
21maintain one or more commercial checking accounts with any
22State banking corporation or corporations organized under or
23subject to the Illinois Banking Act for the deposit and
24withdrawal of moneys to be used for the purposes set forth in
25this Section; provided, that no check may be written nor any
26withdrawal made from any such account except upon the written

SB2884 Enrolled- 69 -LRB099 18144 RJF 42510 b
1signatures of 2 persons designated by the Director to write
2those checks and make those withdrawals. Vouchers for those
3expenditures must be signed by the Director. All such
4expenditures shall be audited by the Director, and the audit
5shall be submitted to the Department of Central Management
6Services for approval.
7 (d) Whenever the Department is authorized or required by
8law to consider some aspect of criminal history record
9information for the purpose of carrying out its statutory
10powers and responsibilities, then, upon request and payment of
11fees in conformance with the requirements of Section 2605-400
12of the Department of State Police Law (20 ILCS 2605/2605-400),
13the Department of State Police is authorized to furnish,
14pursuant to positive identification, the information contained
15in State files that is necessary to fulfill the request.
16 (e) The provisions of this Section do not apply to private
17business and vocational schools as defined by Section 15 of the
18Private Business and Vocational Schools Act of 2012.
19 (f) (Blank).
20 (g) Notwithstanding anything that may appear in any
21individual licensing statute or administrative rule, the
22Department shall deny any license application or renewal
23authorized under any licensing Act administered by the
24Department to any person who has failed to file a return, or to
25pay the tax, penalty, or interest shown in a filed return, or
26to pay any final assessment of tax, penalty, or interest, as

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1required by any tax Act administered by the Illinois Department
2of Revenue, until such time as the requirement of any such tax
3Act are satisfied; however, the Department may issue a license
4or renewal if the person has established a satisfactory
5repayment record as determined by the Illinois Department of
6Revenue. For the purpose of this Section, "satisfactory
7repayment record" shall be defined by rule.
8 In addition, a complaint filed with the Department by the
9Illinois Department of Revenue that includes a certification,
10signed by its Director or designee, attesting to the amount of
11the unpaid tax liability or the years for which a return was
12not filed, or both, is prima facie evidence of the licensee's
13failure to comply with the tax laws administered by the
14Illinois Department of Revenue. Upon receipt of that
15certification, the Department shall, without a hearing,
16immediately suspend all licenses held by the licensee.
17Enforcement of the Department's order shall be stayed for 60
18days. The Department shall provide notice of the suspension to
19the licensee by mailing a copy of the Department's order by
20certified and regular mail to the licensee's last known address
21as registered with the Department. The notice shall advise the
22licensee that the suspension shall be effective 60 days after
23the issuance of the Department's order unless the Department
24receives, from the licensee, a request for a hearing before the
25Department to dispute the matters contained in the order.
26 Any suspension imposed under this subsection (g) shall be

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1terminated by the Department upon notification from the
2Illinois Department of Revenue that the licensee is in
3compliance with all tax laws administered by the Illinois
4Department of Revenue.
5 The Department may promulgate rules for the administration
6of this subsection (g).
7 (h) The Department may grant the title "Retired", to be
8used immediately adjacent to the title of a profession
9regulated by the Department, to eligible retirees. For
10individuals licensed under the Medical Practice Act of 1987,
11the title "Retired" may be used in the profile required by the
12Patients' Right to Know Act. The use of the title "Retired"
13shall not constitute representation of current licensure,
14registration, or certification. Any person without an active
15license, registration, or certificate in a profession that
16requires licensure, registration, or certification shall not
17be permitted to practice that profession.
18 (i) Within 180 days after December 23, 2009 (the effective
19date of Public Act 96-852), the Department shall promulgate
20rules which permit a person with a criminal record, who seeks a
21license or certificate in an occupation for which a criminal
22record is not expressly a per se bar, to apply to the
23Department for a non-binding, advisory opinion to be provided
24by the Board or body with the authority to issue the license or
25certificate as to whether his or her criminal record would bar
26the individual from the licensure or certification sought,

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1should the individual meet all other licensure requirements
2including, but not limited to, the successful completion of the
3relevant examinations.
4(Source: P.A. 98-756, eff. 7-16-14; 98-850, eff. 1-1-15; 99-85,
5eff. 1-1-16; 99-227, eff. 8-3-15; 99-330, eff. 8-10-15; revised
610-16-15.)
7 (20 ILCS 2310/2310-371 rep.)
8 (20 ILCS 2310/2310-392 rep.)
9 Section 5-55. The Department of Public Health Powers and
10Duties Law of the Civil Administrative Code of Illinois is
11amended by repealing Sections 2310-371 and 2310-392.
12 (20 ILCS 2605/2605-555 rep.)
13 Section 5-60. The Department of State Police Law of the
14Civil Administrative Code of Illinois is amended by repealing
15Section 2605-555.
16 Section 5-65. The Department of Veterans Affairs Act is
17amended by changing Section 2b as follows:
18 (20 ILCS 2805/2b) (from Ch. 126 1/2, par. 67b)
19 Sec. 2b. Persian Gulf Conflict compensation Veterans Fund.
20 (a) (Blank). There is created within the State Treasury a
21fund to be known as the Persian Gulf Conflict Veterans Fund.
22All moneys received from any income tax checkoff for the

SB2884 Enrolled- 73 -LRB099 18144 RJF 42510 b
1Persian Gulf Conflict Veterans Fund as provided in Section 507H
2of the Illinois Income Tax Act shall be deposited into the
3fund.
4 (b) All moneys in the Persian Gulf Conflict Veterans Fund,
5together with any other excess amounts appropriated for bonus
6payments to war veterans and peacetime crisis survivors as
7allocated by the Department, shall be used to compensate
8persons who served on active duty with the armed forces of the
9United States on or after August 2, 1990. Every person who
10served in the Persian Gulf Conflict is entitled to receive
11compensation of $100, payable from funds appropriated for the
12payments of bonuses to veterans, if the person:
13 (1) was a resident of Illinois for at least 12 months
14 immediately preceding his or her period of service;
15 (2) is still in active service, is honorably separated
16 or discharged from the service, has been furloughed to a
17 reserve, or has been retired; and
18 (3) has received the Southwest Asia Service Medal for
19 service in the Persian Gulf Conflict.
20 (c) The widow or widower, child or children, mother,
21father, person standing in loco parentis, brothers and sisters,
22in the order named, of any deceased person shall be paid the
23compensation that the deceased person would be entitled to
24receive under subsection (b) of this Act. Where the deceased
25person would have qualified for compensation under subsection
26(b) except for his or her death and his or her death was

SB2884 Enrolled- 74 -LRB099 18144 RJF 42510 b
1connected with that service and resulted from that service
2during the time specified in subsection (b), his or her
3survivors, in the order named in this subsection, shall be paid
410 times the amount the deceased person would have received
5under subsection (b).
6 (d) The Department shall establish rules and regulations to
7govern the provisions of this Section.
8(Source: P.A. 87-119; 87-895; 88-11.)
9 (20 ILCS 3520/Act rep.)
10 Section 5-70. The Small Business Surety Bond Guaranty Act
11is repealed.
12 Section 5-80. The State Finance Act is amended by
13reenacting and changing Section 5.399 and by changing Section
146p-3 as follows:
15 (30 ILCS 105/5.399)
16 Sec. 5.399. Clean Air Act CAA Permit Fund.
17(Source: P.A. 89-235, eff. 8-4-95. Repealed by P.A. 95-331,
18eff. 8-21-07.)
19 (30 ILCS 105/6p-3) (from Ch. 127, par. 142p3)
20 Sec. 6p-3. (a) The State Surplus Property Revolving Fund
21shall be initially financed by a transfer of funds from the
22General Revenue Fund. Thereafter all fees and other monies

SB2884 Enrolled- 75 -LRB099 18144 RJF 42510 b
1received by the Department of Central Management Services from
2the sale or transfer of surplus or transferable property
3pursuant to the "State Property Control Act" and "An Act to
4create and establish a State Agency for Federal Surplus
5Property, to prescribe its powers, duties and functions",
6approved August 2, 1965, as amended, shall be paid into the
7State Surplus Property Revolving Fund. Except as provided in
8paragraph (e) of this Section, the money in this fund shall be
9used by the Department of Central Management Services as
10reimbursement for expenditures incurred in relation to the sale
11of surplus or transferable property.
12 (b) If at the end of the lapse period the balance in the
13State Surplus Property Revolving Fund exceeds the amount of
14$1,000,000, all monies in excess of that amount shall be
15transferred and deposited into the General Revenue Fund.
16 (c) Provided, however, that the fund established by this
17Section shall contain a separate account for the deposit of all
18proceeds resulting from the sale of Federal surplus property,
19and the proceeds of this separate account shall be used solely
20to reimburse the Department of Central Management Services for
21expenditures incurred in relation to the sale of Federal
22surplus property.
23 (d) Any funds on deposit in the State Agency for Surplus
24Property Utilization Fund on the effective date of this
25amendatory Act of 1983 shall be transferred to the Federal
26account of the State Surplus Property Revolving Fund.

SB2884 Enrolled- 76 -LRB099 18144 RJF 42510 b
1 (e) (Blank). Revenues received from the sale of wastepaper
2through paper recycling programs shall be placed into a
3separate account in the Fund and shall be used to offset costs
4to the Department of establishing and operating wastepaper
5recycling programs. At the end of each calendar quarter, any
6amounts in the separate account that have not been used or
7designated for use shall be transferred to the Paper and
8Printing Revolving Fund.
9(Source: P.A. 97-722, eff. 6-29-12.)
10 (30 ILCS 105/5.36 rep.)
11 (30 ILCS 105/5.195 rep.)
12 (30 ILCS 105/5.204 rep.)
13 (30 ILCS 105/5.281 rep.)
14 (30 ILCS 105/5.378 rep.)
15 (30 ILCS 105/5.386 rep.)
16 (30 ILCS 105/5.428 rep.)
17 (30 ILCS 105/5.453 rep.)
18 (30 ILCS 105/5.459 rep.)
19 (30 ILCS 105/5.474 rep.)
20 (30 ILCS 105/5.528 rep.)
21 (30 ILCS 105/5.533 rep.)
22 (30 ILCS 105/5.535 rep.)
23 (30 ILCS 105/5.551 rep.)
24 (30 ILCS 105/5.555 rep.)
25 (30 ILCS 105/5.559 rep.)

SB2884 Enrolled- 77 -LRB099 18144 RJF 42510 b
1 (30 ILCS 105/5.575 rep.)
2 (30 ILCS 105/5.587 rep.)
3 (30 ILCS 105/5.588 rep.)
4 (30 ILCS 105/5.601 rep.)
5 (30 ILCS 105/5.602 rep.)
6 (30 ILCS 105/5.611 rep.)
7 (30 ILCS 105/5.636 rep.)
8 (30 ILCS 105/5.767 rep.)
9 (30 ILCS 105/6p rep.)
10 (30 ILCS 105/6q rep.)
11 (30 ILCS 105/6z-42 rep.)
12 (30 ILCS 105/6z-50 rep.)
13 (30 ILCS 105/6z-53 rep.)
14 (30 ILCS 105/8.7 rep.)
15 (30 ILCS 105/8.16 rep.)
16 (30 ILCS 105/8.51 rep.)
17 Section 5-85. The State Finance Act is amended by repealing
18Sections 5.36, 5.195, 5.204, 5.281, 5.378, 5.386, 5.428, 5.453,
195.459, 5.474, 5.528, 5.533, 5.535, 5.551, 5.555, 5.559, 5.575,
205.587, 5.588, 5.601, 5.602, 5.611, 5.636, 5.767, 6p, 6q, 6z-42,
216z-50, 6z-53, 8.7, 8.16, and 8.51.
22 (35 ILCS 5/245 rep.)
23 (35 ILCS 5/507V rep.)
24 (35 ILCS 5/507X rep.)
25 (35 ILCS 5/507Z rep.)

SB2884 Enrolled- 78 -LRB099 18144 RJF 42510 b
1 (35 ILCS 5/507EE rep.)
2 (35 ILCS 5/507MM rep.)
3 (35 ILCS 5/507NN rep.)
4 (35 ILCS 5/507RR rep.)
5 (35 ILCS 5/507WW rep.)
6 Section 5-90. The Illinois Income Tax Act is amended by
7repealing Sections 245, 507V, 507X, 507Z, 507EE, 507MM, 507NN,
8507RR, and 507WW.
9 Section 5-95. The Use Tax Act is amended by changing
10Section 9 as follows:
11 (35 ILCS 105/9) (from Ch. 120, par. 439.9)
12 Sec. 9. Except as to motor vehicles, watercraft, aircraft,
13and trailers that are required to be registered with an agency
14of this State, each retailer required or authorized to collect
15the tax imposed by this Act shall pay to the Department the
16amount of such tax (except as otherwise provided) at the time
17when he is required to file his return for the period during
18which such tax was collected, less a discount of 2.1% prior to
19January 1, 1990, and 1.75% on and after January 1, 1990, or $5
20per calendar year, whichever is greater, which is allowed to
21reimburse the retailer for expenses incurred in collecting the
22tax, keeping records, preparing and filing returns, remitting
23the tax and supplying data to the Department on request. In the
24case of retailers who report and pay the tax on a transaction

SB2884 Enrolled- 79 -LRB099 18144 RJF 42510 b
1by transaction basis, as provided in this Section, such
2discount shall be taken with each such tax remittance instead
3of when such retailer files his periodic return. The Department
4may disallow the discount for retailers whose certificate of
5registration is revoked at the time the return is filed, but
6only if the Department's decision to revoke the certificate of
7registration has become final. A retailer need not remit that
8part of any tax collected by him to the extent that he is
9required to remit and does remit the tax imposed by the
10Retailers' Occupation Tax Act, with respect to the sale of the
11same property.
12 Where such tangible personal property is sold under a
13conditional sales contract, or under any other form of sale
14wherein the payment of the principal sum, or a part thereof, is
15extended beyond the close of the period for which the return is
16filed, the retailer, in collecting the tax (except as to motor
17vehicles, watercraft, aircraft, and trailers that are required
18to be registered with an agency of this State), may collect for
19each tax return period, only the tax applicable to that part of
20the selling price actually received during such tax return
21period.
22 Except as provided in this Section, on or before the
23twentieth day of each calendar month, such retailer shall file
24a return for the preceding calendar month. Such return shall be
25filed on forms prescribed by the Department and shall furnish
26such information as the Department may reasonably require.

SB2884 Enrolled- 80 -LRB099 18144 RJF 42510 b
1 The Department may require returns to be filed on a
2quarterly basis. If so required, a return for each calendar
3quarter shall be filed on or before the twentieth day of the
4calendar month following the end of such calendar quarter. The
5taxpayer shall also file a return with the Department for each
6of the first two months of each calendar quarter, on or before
7the twentieth day of the following calendar month, stating:
8 1. The name of the seller;
9 2. The address of the principal place of business from
10 which he engages in the business of selling tangible
11 personal property at retail in this State;
12 3. The total amount of taxable receipts received by him
13 during the preceding calendar month from sales of tangible
14 personal property by him during such preceding calendar
15 month, including receipts from charge and time sales, but
16 less all deductions allowed by law;
17 4. The amount of credit provided in Section 2d of this
18 Act;
19 5. The amount of tax due;
20 5-5. The signature of the taxpayer; and
21 6. Such other reasonable information as the Department
22 may require.
23 If a taxpayer fails to sign a return within 30 days after
24the proper notice and demand for signature by the Department,
25the return shall be considered valid and any amount shown to be
26due on the return shall be deemed assessed.

SB2884 Enrolled- 81 -LRB099 18144 RJF 42510 b
1 Beginning October 1, 1993, a taxpayer who has an average
2monthly tax liability of $150,000 or more shall make all
3payments required by rules of the Department by electronic
4funds transfer. Beginning October 1, 1994, a taxpayer who has
5an average monthly tax liability of $100,000 or more shall make
6all payments required by rules of the Department by electronic
7funds transfer. Beginning October 1, 1995, a taxpayer who has
8an average monthly tax liability of $50,000 or more shall make
9all payments required by rules of the Department by electronic
10funds transfer. Beginning October 1, 2000, a taxpayer who has
11an annual tax liability of $200,000 or more shall make all
12payments required by rules of the Department by electronic
13funds transfer. The term "annual tax liability" shall be the
14sum of the taxpayer's liabilities under this Act, and under all
15other State and local occupation and use tax laws administered
16by the Department, for the immediately preceding calendar year.
17The term "average monthly tax liability" means the sum of the
18taxpayer's liabilities under this Act, and under all other
19State and local occupation and use tax laws administered by the
20Department, for the immediately preceding calendar year
21divided by 12. Beginning on October 1, 2002, a taxpayer who has
22a tax liability in the amount set forth in subsection (b) of
23Section 2505-210 of the Department of Revenue Law shall make
24all payments required by rules of the Department by electronic
25funds transfer.
26 Before August 1 of each year beginning in 1993, the

SB2884 Enrolled- 82 -LRB099 18144 RJF 42510 b
1Department shall notify all taxpayers required to make payments
2by electronic funds transfer. All taxpayers required to make
3payments by electronic funds transfer shall make those payments
4for a minimum of one year beginning on October 1.
5 Any taxpayer not required to make payments by electronic
6funds transfer may make payments by electronic funds transfer
7with the permission of the Department.
8 All taxpayers required to make payment by electronic funds
9transfer and any taxpayers authorized to voluntarily make
10payments by electronic funds transfer shall make those payments
11in the manner authorized by the Department.
12 The Department shall adopt such rules as are necessary to
13effectuate a program of electronic funds transfer and the
14requirements of this Section.
15 Before October 1, 2000, if the taxpayer's average monthly
16tax liability to the Department under this Act, the Retailers'
17Occupation Tax Act, the Service Occupation Tax Act, the Service
18Use Tax Act was $10,000 or more during the preceding 4 complete
19calendar quarters, he shall file a return with the Department
20each month by the 20th day of the month next following the
21month during which such tax liability is incurred and shall
22make payments to the Department on or before the 7th, 15th,
2322nd and last day of the month during which such liability is
24incurred. On and after October 1, 2000, if the taxpayer's
25average monthly tax liability to the Department under this Act,
26the Retailers' Occupation Tax Act, the Service Occupation Tax

SB2884 Enrolled- 83 -LRB099 18144 RJF 42510 b
1Act, and the Service Use Tax Act was $20,000 or more during the
2preceding 4 complete calendar quarters, he shall file a return
3with the Department each month by the 20th day of the month
4next following the month during which such tax liability is
5incurred and shall make payment to the Department on or before
6the 7th, 15th, 22nd and last day of the month during which such
7liability is incurred. If the month during which such tax
8liability is incurred began prior to January 1, 1985, each
9payment shall be in an amount equal to 1/4 of the taxpayer's
10actual liability for the month or an amount set by the
11Department not to exceed 1/4 of the average monthly liability
12of the taxpayer to the Department for the preceding 4 complete
13calendar quarters (excluding the month of highest liability and
14the month of lowest liability in such 4 quarter period). If the
15month during which such tax liability is incurred begins on or
16after January 1, 1985, and prior to January 1, 1987, each
17payment shall be in an amount equal to 22.5% of the taxpayer's
18actual liability for the month or 27.5% of the taxpayer's
19liability for the same calendar month of the preceding year. If
20the month during which such tax liability is incurred begins on
21or after January 1, 1987, and prior to January 1, 1988, each
22payment shall be in an amount equal to 22.5% of the taxpayer's
23actual liability for the month or 26.25% of the taxpayer's
24liability for the same calendar month of the preceding year. If
25the month during which such tax liability is incurred begins on
26or after January 1, 1988, and prior to January 1, 1989, or

SB2884 Enrolled- 84 -LRB099 18144 RJF 42510 b
1begins on or after January 1, 1996, each payment shall be in an
2amount equal to 22.5% of the taxpayer's actual liability for
3the month or 25% of the taxpayer's liability for the same
4calendar month of the preceding year. If the month during which
5such tax liability is incurred begins on or after January 1,
61989, and prior to January 1, 1996, each payment shall be in an
7amount equal to 22.5% of the taxpayer's actual liability for
8the month or 25% of the taxpayer's liability for the same
9calendar month of the preceding year or 100% of the taxpayer's
10actual liability for the quarter monthly reporting period. The
11amount of such quarter monthly payments shall be credited
12against the final tax liability of the taxpayer's return for
13that month. Before October 1, 2000, once applicable, the
14requirement of the making of quarter monthly payments to the
15Department shall continue until such taxpayer's average
16monthly liability to the Department during the preceding 4
17complete calendar quarters (excluding the month of highest
18liability and the month of lowest liability) is less than
19$9,000, or until such taxpayer's average monthly liability to
20the Department as computed for each calendar quarter of the 4
21preceding complete calendar quarter period is less than
22$10,000. However, if a taxpayer can show the Department that a
23substantial change in the taxpayer's business has occurred
24which causes the taxpayer to anticipate that his average
25monthly tax liability for the reasonably foreseeable future
26will fall below the $10,000 threshold stated above, then such

SB2884 Enrolled- 85 -LRB099 18144 RJF 42510 b
1taxpayer may petition the Department for change in such
2taxpayer's reporting status. On and after October 1, 2000, once
3applicable, the requirement of the making of quarter monthly
4payments to the Department shall continue until such taxpayer's
5average monthly liability to the Department during the
6preceding 4 complete calendar quarters (excluding the month of
7highest liability and the month of lowest liability) is less
8than $19,000 or until such taxpayer's average monthly liability
9to the Department as computed for each calendar quarter of the
104 preceding complete calendar quarter period is less than
11$20,000. However, if a taxpayer can show the Department that a
12substantial change in the taxpayer's business has occurred
13which causes the taxpayer to anticipate that his average
14monthly tax liability for the reasonably foreseeable future
15will fall below the $20,000 threshold stated above, then such
16taxpayer may petition the Department for a change in such
17taxpayer's reporting status. The Department shall change such
18taxpayer's reporting status unless it finds that such change is
19seasonal in nature and not likely to be long term. If any such
20quarter monthly payment is not paid at the time or in the
21amount required by this Section, then the taxpayer shall be
22liable for penalties and interest on the difference between the
23minimum amount due and the amount of such quarter monthly
24payment actually and timely paid, except insofar as the
25taxpayer has previously made payments for that month to the
26Department in excess of the minimum payments previously due as

SB2884 Enrolled- 86 -LRB099 18144 RJF 42510 b
1provided in this Section. The Department shall make reasonable
2rules and regulations to govern the quarter monthly payment
3amount and quarter monthly payment dates for taxpayers who file
4on other than a calendar monthly basis.
5 If any such payment provided for in this Section exceeds
6the taxpayer's liabilities under this Act, the Retailers'
7Occupation Tax Act, the Service Occupation Tax Act and the
8Service Use Tax Act, as shown by an original monthly return,
9the Department shall issue to the taxpayer a credit memorandum
10no later than 30 days after the date of payment, which
11memorandum may be submitted by the taxpayer to the Department
12in payment of tax liability subsequently to be remitted by the
13taxpayer to the Department or be assigned by the taxpayer to a
14similar taxpayer under this Act, the Retailers' Occupation Tax
15Act, the Service Occupation Tax Act or the Service Use Tax Act,
16in accordance with reasonable rules and regulations to be
17prescribed by the Department, except that if such excess
18payment is shown on an original monthly return and is made
19after December 31, 1986, no credit memorandum shall be issued,
20unless requested by the taxpayer. If no such request is made,
21the taxpayer may credit such excess payment against tax
22liability subsequently to be remitted by the taxpayer to the
23Department under this Act, the Retailers' Occupation Tax Act,
24the Service Occupation Tax Act or the Service Use Tax Act, in
25accordance with reasonable rules and regulations prescribed by
26the Department. If the Department subsequently determines that

SB2884 Enrolled- 87 -LRB099 18144 RJF 42510 b
1all or any part of the credit taken was not actually due to the
2taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall
3be reduced by 2.1% or 1.75% of the difference between the
4credit taken and that actually due, and the taxpayer shall be
5liable for penalties and interest on such difference.
6 If the retailer is otherwise required to file a monthly
7return and if the retailer's average monthly tax liability to
8the Department does not exceed $200, the Department may
9authorize his returns to be filed on a quarter annual basis,
10with the return for January, February, and March of a given
11year being due by April 20 of such year; with the return for
12April, May and June of a given year being due by July 20 of such
13year; with the return for July, August and September of a given
14year being due by October 20 of such year, and with the return
15for October, November and December of a given year being due by
16January 20 of the following year.
17 If the retailer is otherwise required to file a monthly or
18quarterly return and if the retailer's average monthly tax
19liability to the Department does not exceed $50, the Department
20may authorize his returns to be filed on an annual basis, with
21the return for a given year being due by January 20 of the
22following year.
23 Such quarter annual and annual returns, as to form and
24substance, shall be subject to the same requirements as monthly
25returns.
26 Notwithstanding any other provision in this Act concerning

SB2884 Enrolled- 88 -LRB099 18144 RJF 42510 b
1the time within which a retailer may file his return, in the
2case of any retailer who ceases to engage in a kind of business
3which makes him responsible for filing returns under this Act,
4such retailer shall file a final return under this Act with the
5Department not more than one month after discontinuing such
6business.
7 In addition, with respect to motor vehicles, watercraft,
8aircraft, and trailers that are required to be registered with
9an agency of this State, every retailer selling this kind of
10tangible personal property shall file, with the Department,
11upon a form to be prescribed and supplied by the Department, a
12separate return for each such item of tangible personal
13property which the retailer sells, except that if, in the same
14transaction, (i) a retailer of aircraft, watercraft, motor
15vehicles or trailers transfers more than one aircraft,
16watercraft, motor vehicle or trailer to another aircraft,
17watercraft, motor vehicle or trailer retailer for the purpose
18of resale or (ii) a retailer of aircraft, watercraft, motor
19vehicles, or trailers transfers more than one aircraft,
20watercraft, motor vehicle, or trailer to a purchaser for use as
21a qualifying rolling stock as provided in Section 3-55 of this
22Act, then that seller may report the transfer of all the
23aircraft, watercraft, motor vehicles or trailers involved in
24that transaction to the Department on the same uniform
25invoice-transaction reporting return form. For purposes of
26this Section, "watercraft" means a Class 2, Class 3, or Class 4

SB2884 Enrolled- 89 -LRB099 18144 RJF 42510 b
1watercraft as defined in Section 3-2 of the Boat Registration
2and Safety Act, a personal watercraft, or any boat equipped
3with an inboard motor.
4 The transaction reporting return in the case of motor
5vehicles or trailers that are required to be registered with an
6agency of this State, shall be the same document as the Uniform
7Invoice referred to in Section 5-402 of the Illinois Vehicle
8Code and must show the name and address of the seller; the name
9and address of the purchaser; the amount of the selling price
10including the amount allowed by the retailer for traded-in
11property, if any; the amount allowed by the retailer for the
12traded-in tangible personal property, if any, to the extent to
13which Section 2 of this Act allows an exemption for the value
14of traded-in property; the balance payable after deducting such
15trade-in allowance from the total selling price; the amount of
16tax due from the retailer with respect to such transaction; the
17amount of tax collected from the purchaser by the retailer on
18such transaction (or satisfactory evidence that such tax is not
19due in that particular instance, if that is claimed to be the
20fact); the place and date of the sale; a sufficient
21identification of the property sold; such other information as
22is required in Section 5-402 of the Illinois Vehicle Code, and
23such other information as the Department may reasonably
24require.
25 The transaction reporting return in the case of watercraft
26and aircraft must show the name and address of the seller; the

SB2884 Enrolled- 90 -LRB099 18144 RJF 42510 b
1name and address of the purchaser; the amount of the selling
2price including the amount allowed by the retailer for
3traded-in property, if any; the amount allowed by the retailer
4for the traded-in tangible personal property, if any, to the
5extent to which Section 2 of this Act allows an exemption for
6the value of traded-in property; the balance payable after
7deducting such trade-in allowance from the total selling price;
8the amount of tax due from the retailer with respect to such
9transaction; the amount of tax collected from the purchaser by
10the retailer on such transaction (or satisfactory evidence that
11such tax is not due in that particular instance, if that is
12claimed to be the fact); the place and date of the sale, a
13sufficient identification of the property sold, and such other
14information as the Department may reasonably require.
15 Such transaction reporting return shall be filed not later
16than 20 days after the date of delivery of the item that is
17being sold, but may be filed by the retailer at any time sooner
18than that if he chooses to do so. The transaction reporting
19return and tax remittance or proof of exemption from the tax
20that is imposed by this Act may be transmitted to the
21Department by way of the State agency with which, or State
22officer with whom, the tangible personal property must be
23titled or registered (if titling or registration is required)
24if the Department and such agency or State officer determine
25that this procedure will expedite the processing of
26applications for title or registration.

SB2884 Enrolled- 91 -LRB099 18144 RJF 42510 b
1 With each such transaction reporting return, the retailer
2shall remit the proper amount of tax due (or shall submit
3satisfactory evidence that the sale is not taxable if that is
4the case), to the Department or its agents, whereupon the
5Department shall issue, in the purchaser's name, a tax receipt
6(or a certificate of exemption if the Department is satisfied
7that the particular sale is tax exempt) which such purchaser
8may submit to the agency with which, or State officer with
9whom, he must title or register the tangible personal property
10that is involved (if titling or registration is required) in
11support of such purchaser's application for an Illinois
12certificate or other evidence of title or registration to such
13tangible personal property.
14 No retailer's failure or refusal to remit tax under this
15Act precludes a user, who has paid the proper tax to the
16retailer, from obtaining his certificate of title or other
17evidence of title or registration (if titling or registration
18is required) upon satisfying the Department that such user has
19paid the proper tax (if tax is due) to the retailer. The
20Department shall adopt appropriate rules to carry out the
21mandate of this paragraph.
22 If the user who would otherwise pay tax to the retailer
23wants the transaction reporting return filed and the payment of
24tax or proof of exemption made to the Department before the
25retailer is willing to take these actions and such user has not
26paid the tax to the retailer, such user may certify to the fact

SB2884 Enrolled- 92 -LRB099 18144 RJF 42510 b
1of such delay by the retailer, and may (upon the Department
2being satisfied of the truth of such certification) transmit
3the information required by the transaction reporting return
4and the remittance for tax or proof of exemption directly to
5the Department and obtain his tax receipt or exemption
6determination, in which event the transaction reporting return
7and tax remittance (if a tax payment was required) shall be
8credited by the Department to the proper retailer's account
9with the Department, but without the 2.1% or 1.75% discount
10provided for in this Section being allowed. When the user pays
11the tax directly to the Department, he shall pay the tax in the
12same amount and in the same form in which it would be remitted
13if the tax had been remitted to the Department by the retailer.
14 Where a retailer collects the tax with respect to the
15selling price of tangible personal property which he sells and
16the purchaser thereafter returns such tangible personal
17property and the retailer refunds the selling price thereof to
18the purchaser, such retailer shall also refund, to the
19purchaser, the tax so collected from the purchaser. When filing
20his return for the period in which he refunds such tax to the
21purchaser, the retailer may deduct the amount of the tax so
22refunded by him to the purchaser from any other use tax which
23such retailer may be required to pay or remit to the
24Department, as shown by such return, if the amount of the tax
25to be deducted was previously remitted to the Department by
26such retailer. If the retailer has not previously remitted the

SB2884 Enrolled- 93 -LRB099 18144 RJF 42510 b
1amount of such tax to the Department, he is entitled to no
2deduction under this Act upon refunding such tax to the
3purchaser.
4 Any retailer filing a return under this Section shall also
5include (for the purpose of paying tax thereon) the total tax
6covered by such return upon the selling price of tangible
7personal property purchased by him at retail from a retailer,
8but as to which the tax imposed by this Act was not collected
9from the retailer filing such return, and such retailer shall
10remit the amount of such tax to the Department when filing such
11return.
12 If experience indicates such action to be practicable, the
13Department may prescribe and furnish a combination or joint
14return which will enable retailers, who are required to file
15returns hereunder and also under the Retailers' Occupation Tax
16Act, to furnish all the return information required by both
17Acts on the one form.
18 Where the retailer has more than one business registered
19with the Department under separate registration under this Act,
20such retailer may not file each return that is due as a single
21return covering all such registered businesses, but shall file
22separate returns for each such registered business.
23 Beginning January 1, 1990, each month the Department shall
24pay into the State and Local Sales Tax Reform Fund, a special
25fund in the State Treasury which is hereby created, the net
26revenue realized for the preceding month from the 1% tax on

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1sales of food for human consumption which is to be consumed off
2the premises where it is sold (other than alcoholic beverages,
3soft drinks and food which has been prepared for immediate
4consumption) and prescription and nonprescription medicines,
5drugs, medical appliances and insulin, urine testing
6materials, syringes and needles used by diabetics.
7 Beginning January 1, 1990, each month the Department shall
8pay into the County and Mass Transit District Fund 4% of the
9net revenue realized for the preceding month from the 6.25%
10general rate on the selling price of tangible personal property
11which is purchased outside Illinois at retail from a retailer
12and which is titled or registered by an agency of this State's
13government.
14 Beginning January 1, 1990, each month the Department shall
15pay into the State and Local Sales Tax Reform Fund, a special
16fund in the State Treasury, 20% of the net revenue realized for
17the preceding month from the 6.25% general rate on the selling
18price of tangible personal property, other than tangible
19personal property which is purchased outside Illinois at retail
20from a retailer and which is titled or registered by an agency
21of this State's government.
22 Beginning August 1, 2000, each month the Department shall
23pay into the State and Local Sales Tax Reform Fund 100% of the
24net revenue realized for the preceding month from the 1.25%
25rate on the selling price of motor fuel and gasohol. Beginning
26September 1, 2010, each month the Department shall pay into the

SB2884 Enrolled- 95 -LRB099 18144 RJF 42510 b
1State and Local Sales Tax Reform Fund 100% of the net revenue
2realized for the preceding month from the 1.25% rate on the
3selling price of sales tax holiday items.
4 Beginning January 1, 1990, each month the Department shall
5pay into the Local Government Tax Fund 16% of the net revenue
6realized for the preceding month from the 6.25% general rate on
7the selling price of tangible personal property which is
8purchased outside Illinois at retail from a retailer and which
9is titled or registered by an agency of this State's
10government.
11 Beginning October 1, 2009, each month the Department shall
12pay into the Capital Projects Fund an amount that is equal to
13an amount estimated by the Department to represent 80% of the
14net revenue realized for the preceding month from the sale of
15candy, grooming and hygiene products, and soft drinks that had
16been taxed at a rate of 1% prior to September 1, 2009 but that
17are now taxed at 6.25%.
18 Beginning July 1, 2011, each month the Department shall pay
19into the Clean Air Act (CAA) Permit Fund 80% of the net revenue
20realized for the preceding month from the 6.25% general rate on
21the selling price of sorbents used in Illinois in the process
22of sorbent injection as used to comply with the Environmental
23Protection Act or the federal Clean Air Act, but the total
24payment into the Clean Air Act (CAA) Permit Fund under this Act
25and the Retailers' Occupation Tax Act shall not exceed
26$2,000,000 in any fiscal year.

SB2884 Enrolled- 96 -LRB099 18144 RJF 42510 b
1 Beginning July 1, 2013, each month the Department shall pay
2into the Underground Storage Tank Fund from the proceeds
3collected under this Act, the Service Use Tax Act, the Service
4Occupation Tax Act, and the Retailers' Occupation Tax Act an
5amount equal to the average monthly deficit in the Underground
6Storage Tank Fund during the prior year, as certified annually
7by the Illinois Environmental Protection Agency, but the total
8payment into the Underground Storage Tank Fund under this Act,
9the Service Use Tax Act, the Service Occupation Tax Act, and
10the Retailers' Occupation Tax Act shall not exceed $18,000,000
11in any State fiscal year. As used in this paragraph, the
12"average monthly deficit" shall be equal to the difference
13between the average monthly claims for payment by the fund and
14the average monthly revenues deposited into the fund, excluding
15payments made pursuant to this paragraph.
16 Beginning July 1, 2015, of the remainder of the moneys
17received by the Department under this Act, the Service Use Tax
18Act, the Service Occupation Tax Act, and the Retailers'
19Occupation Tax Act, each month the Department shall deposit
20$500,000 into the State Crime Laboratory Fund.
21 Of the remainder of the moneys received by the Department
22pursuant to this Act, (a) 1.75% thereof shall be paid into the
23Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
24and after July 1, 1989, 3.8% thereof shall be paid into the
25Build Illinois Fund; provided, however, that if in any fiscal
26year the sum of (1) the aggregate of 2.2% or 3.8%, as the case

SB2884 Enrolled- 97 -LRB099 18144 RJF 42510 b
1may be, of the moneys received by the Department and required
2to be paid into the Build Illinois Fund pursuant to Section 3
3of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
4Act, Section 9 of the Service Use Tax Act, and Section 9 of the
5Service Occupation Tax Act, such Acts being hereinafter called
6the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
7may be, of moneys being hereinafter called the "Tax Act
8Amount", and (2) the amount transferred to the Build Illinois
9Fund from the State and Local Sales Tax Reform Fund shall be
10less than the Annual Specified Amount (as defined in Section 3
11of the Retailers' Occupation Tax Act), an amount equal to the
12difference shall be immediately paid into the Build Illinois
13Fund from other moneys received by the Department pursuant to
14the Tax Acts; and further provided, that if on the last
15business day of any month the sum of (1) the Tax Act Amount
16required to be deposited into the Build Illinois Bond Account
17in the Build Illinois Fund during such month and (2) the amount
18transferred during such month to the Build Illinois Fund from
19the State and Local Sales Tax Reform Fund shall have been less
20than 1/12 of the Annual Specified Amount, an amount equal to
21the difference shall be immediately paid into the Build
22Illinois Fund from other moneys received by the Department
23pursuant to the Tax Acts; and, further provided, that in no
24event shall the payments required under the preceding proviso
25result in aggregate payments into the Build Illinois Fund
26pursuant to this clause (b) for any fiscal year in excess of

SB2884 Enrolled- 98 -LRB099 18144 RJF 42510 b
1the greater of (i) the Tax Act Amount or (ii) the Annual
2Specified Amount for such fiscal year; and, further provided,
3that the amounts payable into the Build Illinois Fund under
4this clause (b) shall be payable only until such time as the
5aggregate amount on deposit under each trust indenture securing
6Bonds issued and outstanding pursuant to the Build Illinois
7Bond Act is sufficient, taking into account any future
8investment income, to fully provide, in accordance with such
9indenture, for the defeasance of or the payment of the
10principal of, premium, if any, and interest on the Bonds
11secured by such indenture and on any Bonds expected to be
12issued thereafter and all fees and costs payable with respect
13thereto, all as certified by the Director of the Bureau of the
14Budget (now Governor's Office of Management and Budget). If on
15the last business day of any month in which Bonds are
16outstanding pursuant to the Build Illinois Bond Act, the
17aggregate of the moneys deposited in the Build Illinois Bond
18Account in the Build Illinois Fund in such month shall be less
19than the amount required to be transferred in such month from
20the Build Illinois Bond Account to the Build Illinois Bond
21Retirement and Interest Fund pursuant to Section 13 of the
22Build Illinois Bond Act, an amount equal to such deficiency
23shall be immediately paid from other moneys received by the
24Department pursuant to the Tax Acts to the Build Illinois Fund;
25provided, however, that any amounts paid to the Build Illinois
26Fund in any fiscal year pursuant to this sentence shall be

SB2884 Enrolled- 99 -LRB099 18144 RJF 42510 b
1deemed to constitute payments pursuant to clause (b) of the
2preceding sentence and shall reduce the amount otherwise
3payable for such fiscal year pursuant to clause (b) of the
4preceding sentence. The moneys received by the Department
5pursuant to this Act and required to be deposited into the
6Build Illinois Fund are subject to the pledge, claim and charge
7set forth in Section 12 of the Build Illinois Bond Act.
8 Subject to payment of amounts into the Build Illinois Fund
9as provided in the preceding paragraph or in any amendment
10thereto hereafter enacted, the following specified monthly
11installment of the amount requested in the certificate of the
12Chairman of the Metropolitan Pier and Exposition Authority
13provided under Section 8.25f of the State Finance Act, but not
14in excess of the sums designated as "Total Deposit", shall be
15deposited in the aggregate from collections under Section 9 of
16the Use Tax Act, Section 9 of the Service Use Tax Act, Section
179 of the Service Occupation Tax Act, and Section 3 of the
18Retailers' Occupation Tax Act into the McCormick Place
19Expansion Project Fund in the specified fiscal years.
20Fiscal YearTotal Deposit
211993 $0
221994 53,000,000
231995 58,000,000
241996 61,000,000
251997 64,000,000
261998 68,000,000

SB2884 Enrolled- 100 -LRB099 18144 RJF 42510 b
11999 71,000,000
22000 75,000,000
32001 80,000,000
42002 93,000,000
52003 99,000,000
62004103,000,000
72005108,000,000
82006113,000,000
92007119,000,000
102008126,000,000
112009132,000,000
122010139,000,000
132011146,000,000
142012153,000,000
152013161,000,000
162014170,000,000
172015179,000,000
182016189,000,000
192017199,000,000
202018210,000,000
212019221,000,000
222020233,000,000
232021246,000,000
242022260,000,000
252023275,000,000
262024 275,000,000

SB2884 Enrolled- 101 -LRB099 18144 RJF 42510 b
12025 275,000,000
22026 279,000,000
32027 292,000,000
42028 307,000,000
52029 322,000,000
62030 338,000,000
72031 350,000,000
82032 350,000,000
9and
10each fiscal year
11thereafter that bonds
12are outstanding under
13Section 13.2 of the
14Metropolitan Pier and
15Exposition Authority Act,
16but not after fiscal year 2060.
17 Beginning July 20, 1993 and in each month of each fiscal
18year thereafter, one-eighth of the amount requested in the
19certificate of the Chairman of the Metropolitan Pier and
20Exposition Authority for that fiscal year, less the amount
21deposited into the McCormick Place Expansion Project Fund by
22the State Treasurer in the respective month under subsection
23(g) of Section 13 of the Metropolitan Pier and Exposition
24Authority Act, plus cumulative deficiencies in the deposits
25required under this Section for previous months and years,
26shall be deposited into the McCormick Place Expansion Project

SB2884 Enrolled- 102 -LRB099 18144 RJF 42510 b
1Fund, until the full amount requested for the fiscal year, but
2not in excess of the amount specified above as "Total Deposit",
3has been deposited.
4 Subject to payment of amounts into the Build Illinois Fund
5and the McCormick Place Expansion Project Fund pursuant to the
6preceding paragraphs or in any amendments thereto hereafter
7enacted, beginning July 1, 1993 and ending on September 30,
82013, the Department shall each month pay into the Illinois Tax
9Increment Fund 0.27% of 80% of the net revenue realized for the
10preceding month from the 6.25% general rate on the selling
11price of tangible personal property.
12 Subject to payment of amounts into the Build Illinois Fund
13and the McCormick Place Expansion Project Fund pursuant to the
14preceding paragraphs or in any amendments thereto hereafter
15enacted, beginning with the receipt of the first report of
16taxes paid by an eligible business and continuing for a 25-year
17period, the Department shall each month pay into the Energy
18Infrastructure Fund 80% of the net revenue realized from the
196.25% general rate on the selling price of Illinois-mined coal
20that was sold to an eligible business. For purposes of this
21paragraph, the term "eligible business" means a new electric
22generating facility certified pursuant to Section 605-332 of
23the Department of Commerce and Economic Opportunity Law of the
24Civil Administrative Code of Illinois.
25 Subject to payment of amounts into the Build Illinois Fund,
26the McCormick Place Expansion Project Fund, the Illinois Tax

SB2884 Enrolled- 103 -LRB099 18144 RJF 42510 b
1Increment Fund, and the Energy Infrastructure Fund pursuant to
2the preceding paragraphs or in any amendments to this Section
3hereafter enacted, beginning on the first day of the first
4calendar month to occur on or after the effective date of this
5amendatory Act of the 98th General Assembly, each month, from
6the collections made under Section 9 of the Use Tax Act,
7Section 9 of the Service Use Tax Act, Section 9 of the Service
8Occupation Tax Act, and Section 3 of the Retailers' Occupation
9Tax Act, the Department shall pay into the Tax Compliance and
10Administration Fund, to be used, subject to appropriation, to
11fund additional auditors and compliance personnel at the
12Department of Revenue, an amount equal to 1/12 of 5% of 80% of
13the cash receipts collected during the preceding fiscal year by
14the Audit Bureau of the Department under the Use Tax Act, the
15Service Use Tax Act, the Service Occupation Tax Act, the
16Retailers' Occupation Tax Act, and associated local occupation
17and use taxes administered by the Department.
18 Of the remainder of the moneys received by the Department
19pursuant to this Act, 75% thereof shall be paid into the State
20Treasury and 25% shall be reserved in a special account and
21used only for the transfer to the Common School Fund as part of
22the monthly transfer from the General Revenue Fund in
23accordance with Section 8a of the State Finance Act.
24 As soon as possible after the first day of each month, upon
25certification of the Department of Revenue, the Comptroller
26shall order transferred and the Treasurer shall transfer from

SB2884 Enrolled- 104 -LRB099 18144 RJF 42510 b
1the General Revenue Fund to the Motor Fuel Tax Fund an amount
2equal to 1.7% of 80% of the net revenue realized under this Act
3for the second preceding month. Beginning April 1, 2000, this
4transfer is no longer required and shall not be made.
5 Net revenue realized for a month shall be the revenue
6collected by the State pursuant to this Act, less the amount
7paid out during that month as refunds to taxpayers for
8overpayment of liability.
9 For greater simplicity of administration, manufacturers,
10importers and wholesalers whose products are sold at retail in
11Illinois by numerous retailers, and who wish to do so, may
12assume the responsibility for accounting and paying to the
13Department all tax accruing under this Act with respect to such
14sales, if the retailers who are affected do not make written
15objection to the Department to this arrangement.
16(Source: P.A. 98-24, eff. 6-19-13; 98-109, eff. 7-25-13;
1798-496, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1098, eff.
188-26-14; 99-352, eff. 8-12-15.)
19 Section 5-100. The Retailers' Occupation Tax Act is amended
20by changing Section 3 as follows:
21 (35 ILCS 120/3) (from Ch. 120, par. 442)
22 Sec. 3. Except as provided in this Section, on or before
23the twentieth day of each calendar month, every person engaged
24in the business of selling tangible personal property at retail

SB2884 Enrolled- 105 -LRB099 18144 RJF 42510 b
1in this State during the preceding calendar month shall file a
2return with the Department, stating:
3 1. The name of the seller;
4 2. His residence address and the address of his
5 principal place of business and the address of the
6 principal place of business (if that is a different
7 address) from which he engages in the business of selling
8 tangible personal property at retail in this State;
9 3. Total amount of receipts received by him during the
10 preceding calendar month or quarter, as the case may be,
11 from sales of tangible personal property, and from services
12 furnished, by him during such preceding calendar month or
13 quarter;
14 4. Total amount received by him during the preceding
15 calendar month or quarter on charge and time sales of
16 tangible personal property, and from services furnished,
17 by him prior to the month or quarter for which the return
18 is filed;
19 5. Deductions allowed by law;
20 6. Gross receipts which were received by him during the
21 preceding calendar month or quarter and upon the basis of
22 which the tax is imposed;
23 7. The amount of credit provided in Section 2d of this
24 Act;
25 8. The amount of tax due;
26 9. The signature of the taxpayer; and

SB2884 Enrolled- 106 -LRB099 18144 RJF 42510 b
1 10. Such other reasonable information as the
2 Department may require.
3 If a taxpayer fails to sign a return within 30 days after
4the proper notice and demand for signature by the Department,
5the return shall be considered valid and any amount shown to be
6due on the return shall be deemed assessed.
7 Each return shall be accompanied by the statement of
8prepaid tax issued pursuant to Section 2e for which credit is
9claimed.
10 Prior to October 1, 2003, and on and after September 1,
112004 a retailer may accept a Manufacturer's Purchase Credit
12certification from a purchaser in satisfaction of Use Tax as
13provided in Section 3-85 of the Use Tax Act if the purchaser
14provides the appropriate documentation as required by Section
153-85 of the Use Tax Act. A Manufacturer's Purchase Credit
16certification, accepted by a retailer prior to October 1, 2003
17and on and after September 1, 2004 as provided in Section 3-85
18of the Use Tax Act, may be used by that retailer to satisfy
19Retailers' Occupation Tax liability in the amount claimed in
20the certification, not to exceed 6.25% of the receipts subject
21to tax from a qualifying purchase. A Manufacturer's Purchase
22Credit reported on any original or amended return filed under
23this Act after October 20, 2003 for reporting periods prior to
24September 1, 2004 shall be disallowed. Manufacturer's
25Purchaser Credit reported on annual returns due on or after
26January 1, 2005 will be disallowed for periods prior to

SB2884 Enrolled- 107 -LRB099 18144 RJF 42510 b
1September 1, 2004. No Manufacturer's Purchase Credit may be
2used after September 30, 2003 through August 31, 2004 to
3satisfy any tax liability imposed under this Act, including any
4audit liability.
5 The Department may require returns to be filed on a
6quarterly basis. If so required, a return for each calendar
7quarter shall be filed on or before the twentieth day of the
8calendar month following the end of such calendar quarter. The
9taxpayer shall also file a return with the Department for each
10of the first two months of each calendar quarter, on or before
11the twentieth day of the following calendar month, stating:
12 1. The name of the seller;
13 2. The address of the principal place of business from
14 which he engages in the business of selling tangible
15 personal property at retail in this State;
16 3. The total amount of taxable receipts received by him
17 during the preceding calendar month from sales of tangible
18 personal property by him during such preceding calendar
19 month, including receipts from charge and time sales, but
20 less all deductions allowed by law;
21 4. The amount of credit provided in Section 2d of this
22 Act;
23 5. The amount of tax due; and
24 6. Such other reasonable information as the Department
25 may require.
26 Beginning on October 1, 2003, any person who is not a

SB2884 Enrolled- 108 -LRB099 18144 RJF 42510 b
1licensed distributor, importing distributor, or manufacturer,
2as defined in the Liquor Control Act of 1934, but is engaged in
3the business of selling, at retail, alcoholic liquor shall file
4a statement with the Department of Revenue, in a format and at
5a time prescribed by the Department, showing the total amount
6paid for alcoholic liquor purchased during the preceding month
7and such other information as is reasonably required by the
8Department. The Department may adopt rules to require that this
9statement be filed in an electronic or telephonic format. Such
10rules may provide for exceptions from the filing requirements
11of this paragraph. For the purposes of this paragraph, the term
12"alcoholic liquor" shall have the meaning prescribed in the
13Liquor Control Act of 1934.
14 Beginning on October 1, 2003, every distributor, importing
15distributor, and manufacturer of alcoholic liquor as defined in
16the Liquor Control Act of 1934, shall file a statement with the
17Department of Revenue, no later than the 10th day of the month
18for the preceding month during which transactions occurred, by
19electronic means, showing the total amount of gross receipts
20from the sale of alcoholic liquor sold or distributed during
21the preceding month to purchasers; identifying the purchaser to
22whom it was sold or distributed; the purchaser's tax
23registration number; and such other information reasonably
24required by the Department. A distributor, importing
25distributor, or manufacturer of alcoholic liquor must
26personally deliver, mail, or provide by electronic means to

SB2884 Enrolled- 109 -LRB099 18144 RJF 42510 b
1each retailer listed on the monthly statement a report
2containing a cumulative total of that distributor's, importing
3distributor's, or manufacturer's total sales of alcoholic
4liquor to that retailer no later than the 10th day of the month
5for the preceding month during which the transaction occurred.
6The distributor, importing distributor, or manufacturer shall
7notify the retailer as to the method by which the distributor,
8importing distributor, or manufacturer will provide the sales
9information. If the retailer is unable to receive the sales
10information by electronic means, the distributor, importing
11distributor, or manufacturer shall furnish the sales
12information by personal delivery or by mail. For purposes of
13this paragraph, the term "electronic means" includes, but is
14not limited to, the use of a secure Internet website, e-mail,
15or facsimile.
16 If a total amount of less than $1 is payable, refundable or
17creditable, such amount shall be disregarded if it is less than
1850 cents and shall be increased to $1 if it is 50 cents or more.
19 Beginning October 1, 1993, a taxpayer who has an average
20monthly tax liability of $150,000 or more shall make all
21payments required by rules of the Department by electronic
22funds transfer. Beginning October 1, 1994, a taxpayer who has
23an average monthly tax liability of $100,000 or more shall make
24all payments required by rules of the Department by electronic
25funds transfer. Beginning October 1, 1995, a taxpayer who has
26an average monthly tax liability of $50,000 or more shall make

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1all payments required by rules of the Department by electronic
2funds transfer. Beginning October 1, 2000, a taxpayer who has
3an annual tax liability of $200,000 or more shall make all
4payments required by rules of the Department by electronic
5funds transfer. The term "annual tax liability" shall be the
6sum of the taxpayer's liabilities under this Act, and under all
7other State and local occupation and use tax laws administered
8by the Department, for the immediately preceding calendar year.
9The term "average monthly tax liability" shall be the sum of
10the taxpayer's liabilities under this Act, and under all other
11State and local occupation and use tax laws administered by the
12Department, for the immediately preceding calendar year
13divided by 12. Beginning on October 1, 2002, a taxpayer who has
14a tax liability in the amount set forth in subsection (b) of
15Section 2505-210 of the Department of Revenue Law shall make
16all payments required by rules of the Department by electronic
17funds transfer.
18 Before August 1 of each year beginning in 1993, the
19Department shall notify all taxpayers required to make payments
20by electronic funds transfer. All taxpayers required to make
21payments by electronic funds transfer shall make those payments
22for a minimum of one year beginning on October 1.
23 Any taxpayer not required to make payments by electronic
24funds transfer may make payments by electronic funds transfer
25with the permission of the Department.
26 All taxpayers required to make payment by electronic funds

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1transfer and any taxpayers authorized to voluntarily make
2payments by electronic funds transfer shall make those payments
3in the manner authorized by the Department.
4 The Department shall adopt such rules as are necessary to
5effectuate a program of electronic funds transfer and the
6requirements of this Section.
7 Any amount which is required to be shown or reported on any
8return or other document under this Act shall, if such amount
9is not a whole-dollar amount, be increased to the nearest
10whole-dollar amount in any case where the fractional part of a
11dollar is 50 cents or more, and decreased to the nearest
12whole-dollar amount where the fractional part of a dollar is
13less than 50 cents.
14 If the retailer is otherwise required to file a monthly
15return and if the retailer's average monthly tax liability to
16the Department does not exceed $200, the Department may
17authorize his returns to be filed on a quarter annual basis,
18with the return for January, February and March of a given year
19being due by April 20 of such year; with the return for April,
20May and June of a given year being due by July 20 of such year;
21with the return for July, August and September of a given year
22being due by October 20 of such year, and with the return for
23October, November and December of a given year being due by
24January 20 of the following year.
25 If the retailer is otherwise required to file a monthly or
26quarterly return and if the retailer's average monthly tax

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1liability with the Department does not exceed $50, the
2Department may authorize his returns to be filed on an annual
3basis, with the return for a given year being due by January 20
4of the following year.
5 Such quarter annual and annual returns, as to form and
6substance, shall be subject to the same requirements as monthly
7returns.
8 Notwithstanding any other provision in this Act concerning
9the time within which a retailer may file his return, in the
10case of any retailer who ceases to engage in a kind of business
11which makes him responsible for filing returns under this Act,
12such retailer shall file a final return under this Act with the
13Department not more than one month after discontinuing such
14business.
15 Where the same person has more than one business registered
16with the Department under separate registrations under this
17Act, such person may not file each return that is due as a
18single return covering all such registered businesses, but
19shall file separate returns for each such registered business.
20 In addition, with respect to motor vehicles, watercraft,
21aircraft, and trailers that are required to be registered with
22an agency of this State, every retailer selling this kind of
23tangible personal property shall file, with the Department,
24upon a form to be prescribed and supplied by the Department, a
25separate return for each such item of tangible personal
26property which the retailer sells, except that if, in the same

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1transaction, (i) a retailer of aircraft, watercraft, motor
2vehicles or trailers transfers more than one aircraft,
3watercraft, motor vehicle or trailer to another aircraft,
4watercraft, motor vehicle retailer or trailer retailer for the
5purpose of resale or (ii) a retailer of aircraft, watercraft,
6motor vehicles, or trailers transfers more than one aircraft,
7watercraft, motor vehicle, or trailer to a purchaser for use as
8a qualifying rolling stock as provided in Section 2-5 of this
9Act, then that seller may report the transfer of all aircraft,
10watercraft, motor vehicles or trailers involved in that
11transaction to the Department on the same uniform
12invoice-transaction reporting return form. For purposes of
13this Section, "watercraft" means a Class 2, Class 3, or Class 4
14watercraft as defined in Section 3-2 of the Boat Registration
15and Safety Act, a personal watercraft, or any boat equipped
16with an inboard motor.
17 Any retailer who sells only motor vehicles, watercraft,
18aircraft, or trailers that are required to be registered with
19an agency of this State, so that all retailers' occupation tax
20liability is required to be reported, and is reported, on such
21transaction reporting returns and who is not otherwise required
22to file monthly or quarterly returns, need not file monthly or
23quarterly returns. However, those retailers shall be required
24to file returns on an annual basis.
25 The transaction reporting return, in the case of motor
26vehicles or trailers that are required to be registered with an

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1agency of this State, shall be the same document as the Uniform
2Invoice referred to in Section 5-402 of The Illinois Vehicle
3Code and must show the name and address of the seller; the name
4and address of the purchaser; the amount of the selling price
5including the amount allowed by the retailer for traded-in
6property, if any; the amount allowed by the retailer for the
7traded-in tangible personal property, if any, to the extent to
8which Section 1 of this Act allows an exemption for the value
9of traded-in property; the balance payable after deducting such
10trade-in allowance from the total selling price; the amount of
11tax due from the retailer with respect to such transaction; the
12amount of tax collected from the purchaser by the retailer on
13such transaction (or satisfactory evidence that such tax is not
14due in that particular instance, if that is claimed to be the
15fact); the place and date of the sale; a sufficient
16identification of the property sold; such other information as
17is required in Section 5-402 of The Illinois Vehicle Code, and
18such other information as the Department may reasonably
19require.
20 The transaction reporting return in the case of watercraft
21or aircraft must show the name and address of the seller; the
22name and address of the purchaser; the amount of the selling
23price including the amount allowed by the retailer for
24traded-in property, if any; the amount allowed by the retailer
25for the traded-in tangible personal property, if any, to the
26extent to which Section 1 of this Act allows an exemption for

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1the value of traded-in property; the balance payable after
2deducting such trade-in allowance from the total selling price;
3the amount of tax due from the retailer with respect to such
4transaction; the amount of tax collected from the purchaser by
5the retailer on such transaction (or satisfactory evidence that
6such tax is not due in that particular instance, if that is
7claimed to be the fact); the place and date of the sale, a
8sufficient identification of the property sold, and such other
9information as the Department may reasonably require.
10 Such transaction reporting return shall be filed not later
11than 20 days after the day of delivery of the item that is
12being sold, but may be filed by the retailer at any time sooner
13than that if he chooses to do so. The transaction reporting
14return and tax remittance or proof of exemption from the
15Illinois use tax may be transmitted to the Department by way of
16the State agency with which, or State officer with whom the
17tangible personal property must be titled or registered (if
18titling or registration is required) if the Department and such
19agency or State officer determine that this procedure will
20expedite the processing of applications for title or
21registration.
22 With each such transaction reporting return, the retailer
23shall remit the proper amount of tax due (or shall submit
24satisfactory evidence that the sale is not taxable if that is
25the case), to the Department or its agents, whereupon the
26Department shall issue, in the purchaser's name, a use tax

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1receipt (or a certificate of exemption if the Department is
2satisfied that the particular sale is tax exempt) which such
3purchaser may submit to the agency with which, or State officer
4with whom, he must title or register the tangible personal
5property that is involved (if titling or registration is
6required) in support of such purchaser's application for an
7Illinois certificate or other evidence of title or registration
8to such tangible personal property.
9 No retailer's failure or refusal to remit tax under this
10Act precludes a user, who has paid the proper tax to the
11retailer, from obtaining his certificate of title or other
12evidence of title or registration (if titling or registration
13is required) upon satisfying the Department that such user has
14paid the proper tax (if tax is due) to the retailer. The
15Department shall adopt appropriate rules to carry out the
16mandate of this paragraph.
17 If the user who would otherwise pay tax to the retailer
18wants the transaction reporting return filed and the payment of
19the tax or proof of exemption made to the Department before the
20retailer is willing to take these actions and such user has not
21paid the tax to the retailer, such user may certify to the fact
22of such delay by the retailer and may (upon the Department
23being satisfied of the truth of such certification) transmit
24the information required by the transaction reporting return
25and the remittance for tax or proof of exemption directly to
26the Department and obtain his tax receipt or exemption

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1determination, in which event the transaction reporting return
2and tax remittance (if a tax payment was required) shall be
3credited by the Department to the proper retailer's account
4with the Department, but without the 2.1% or 1.75% discount
5provided for in this Section being allowed. When the user pays
6the tax directly to the Department, he shall pay the tax in the
7same amount and in the same form in which it would be remitted
8if the tax had been remitted to the Department by the retailer.
9 Refunds made by the seller during the preceding return
10period to purchasers, on account of tangible personal property
11returned to the seller, shall be allowed as a deduction under
12subdivision 5 of his monthly or quarterly return, as the case
13may be, in case the seller had theretofore included the
14receipts from the sale of such tangible personal property in a
15return filed by him and had paid the tax imposed by this Act
16with respect to such receipts.
17 Where the seller is a corporation, the return filed on
18behalf of such corporation shall be signed by the president,
19vice-president, secretary or treasurer or by the properly
20accredited agent of such corporation.
21 Where the seller is a limited liability company, the return
22filed on behalf of the limited liability company shall be
23signed by a manager, member, or properly accredited agent of
24the limited liability company.
25 Except as provided in this Section, the retailer filing the
26return under this Section shall, at the time of filing such

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1return, pay to the Department the amount of tax imposed by this
2Act less a discount of 2.1% prior to January 1, 1990 and 1.75%
3on and after January 1, 1990, or $5 per calendar year,
4whichever is greater, which is allowed to reimburse the
5retailer for the expenses incurred in keeping records,
6preparing and filing returns, remitting the tax and supplying
7data to the Department on request. Any prepayment made pursuant
8to Section 2d of this Act shall be included in the amount on
9which such 2.1% or 1.75% discount is computed. In the case of
10retailers who report and pay the tax on a transaction by
11transaction basis, as provided in this Section, such discount
12shall be taken with each such tax remittance instead of when
13such retailer files his periodic return. The Department may
14disallow the discount for retailers whose certificate of
15registration is revoked at the time the return is filed, but
16only if the Department's decision to revoke the certificate of
17registration has become final.
18 Before October 1, 2000, if the taxpayer's average monthly
19tax liability to the Department under this Act, the Use Tax
20Act, the Service Occupation Tax Act, and the Service Use Tax
21Act, excluding any liability for prepaid sales tax to be
22remitted in accordance with Section 2d of this Act, was $10,000
23or more during the preceding 4 complete calendar quarters, he
24shall file a return with the Department each month by the 20th
25day of the month next following the month during which such tax
26liability is incurred and shall make payments to the Department

SB2884 Enrolled- 119 -LRB099 18144 RJF 42510 b
1on or before the 7th, 15th, 22nd and last day of the month
2during which such liability is incurred. On and after October
31, 2000, if the taxpayer's average monthly tax liability to the
4Department under this Act, the Use Tax Act, the Service
5Occupation Tax Act, and the Service Use Tax Act, excluding any
6liability for prepaid sales tax to be remitted in accordance
7with Section 2d of this Act, was $20,000 or more during the
8preceding 4 complete calendar quarters, he shall file a return
9with the Department each month by the 20th day of the month
10next following the month during which such tax liability is
11incurred and shall make payment to the Department on or before
12the 7th, 15th, 22nd and last day of the month during which such
13liability is incurred. If the month during which such tax
14liability is incurred began prior to January 1, 1985, each
15payment shall be in an amount equal to 1/4 of the taxpayer's
16actual liability for the month or an amount set by the
17Department not to exceed 1/4 of the average monthly liability
18of the taxpayer to the Department for the preceding 4 complete
19calendar quarters (excluding the month of highest liability and
20the month of lowest liability in such 4 quarter period). If the
21month during which such tax liability is incurred begins on or
22after January 1, 1985 and prior to January 1, 1987, each
23payment shall be in an amount equal to 22.5% of the taxpayer's
24actual liability for the month or 27.5% of the taxpayer's
25liability for the same calendar month of the preceding year. If
26the month during which such tax liability is incurred begins on

SB2884 Enrolled- 120 -LRB099 18144 RJF 42510 b
1or after January 1, 1987 and prior to January 1, 1988, each
2payment shall be in an amount equal to 22.5% of the taxpayer's
3actual liability for the month or 26.25% of the taxpayer's
4liability for the same calendar month of the preceding year. If
5the month during which such tax liability is incurred begins on
6or after January 1, 1988, and prior to January 1, 1989, or
7begins on or after January 1, 1996, each payment shall be in an
8amount equal to 22.5% of the taxpayer's actual liability for
9the month or 25% of the taxpayer's liability for the same
10calendar month of the preceding year. If the month during which
11such tax liability is incurred begins on or after January 1,
121989, and prior to January 1, 1996, each payment shall be in an
13amount equal to 22.5% of the taxpayer's actual liability for
14the month or 25% of the taxpayer's liability for the same
15calendar month of the preceding year or 100% of the taxpayer's
16actual liability for the quarter monthly reporting period. The
17amount of such quarter monthly payments shall be credited
18against the final tax liability of the taxpayer's return for
19that month. Before October 1, 2000, once applicable, the
20requirement of the making of quarter monthly payments to the
21Department by taxpayers having an average monthly tax liability
22of $10,000 or more as determined in the manner provided above
23shall continue until such taxpayer's average monthly liability
24to the Department during the preceding 4 complete calendar
25quarters (excluding the month of highest liability and the
26month of lowest liability) is less than $9,000, or until such

SB2884 Enrolled- 121 -LRB099 18144 RJF 42510 b
1taxpayer's average monthly liability to the Department as
2computed for each calendar quarter of the 4 preceding complete
3calendar quarter period is less than $10,000. However, if a
4taxpayer can show the Department that a substantial change in
5the taxpayer's business has occurred which causes the taxpayer
6to anticipate that his average monthly tax liability for the
7reasonably foreseeable future will fall below the $10,000
8threshold stated above, then such taxpayer may petition the
9Department for a change in such taxpayer's reporting status. On
10and after October 1, 2000, once applicable, the requirement of
11the making of quarter monthly payments to the Department by
12taxpayers having an average monthly tax liability of $20,000 or
13more as determined in the manner provided above shall continue
14until such taxpayer's average monthly liability to the
15Department during the preceding 4 complete calendar quarters
16(excluding the month of highest liability and the month of
17lowest liability) is less than $19,000 or until such taxpayer's
18average monthly liability to the Department as computed for
19each calendar quarter of the 4 preceding complete calendar
20quarter period is less than $20,000. However, if a taxpayer can
21show the Department that a substantial change in the taxpayer's
22business has occurred which causes the taxpayer to anticipate
23that his average monthly tax liability for the reasonably
24foreseeable future will fall below the $20,000 threshold stated
25above, then such taxpayer may petition the Department for a
26change in such taxpayer's reporting status. The Department

SB2884 Enrolled- 122 -LRB099 18144 RJF 42510 b
1shall change such taxpayer's reporting status unless it finds
2that such change is seasonal in nature and not likely to be
3long term. If any such quarter monthly payment is not paid at
4the time or in the amount required by this Section, then the
5taxpayer shall be liable for penalties and interest on the
6difference between the minimum amount due as a payment and the
7amount of such quarter monthly payment actually and timely
8paid, except insofar as the taxpayer has previously made
9payments for that month to the Department in excess of the
10minimum payments previously due as provided in this Section.
11The Department shall make reasonable rules and regulations to
12govern the quarter monthly payment amount and quarter monthly
13payment dates for taxpayers who file on other than a calendar
14monthly basis.
15 The provisions of this paragraph apply before October 1,
162001. Without regard to whether a taxpayer is required to make
17quarter monthly payments as specified above, any taxpayer who
18is required by Section 2d of this Act to collect and remit
19prepaid taxes and has collected prepaid taxes which average in
20excess of $25,000 per month during the preceding 2 complete
21calendar quarters, shall file a return with the Department as
22required by Section 2f and shall make payments to the
23Department on or before the 7th, 15th, 22nd and last day of the
24month during which such liability is incurred. If the month
25during which such tax liability is incurred began prior to the
26effective date of this amendatory Act of 1985, each payment

SB2884 Enrolled- 123 -LRB099 18144 RJF 42510 b
1shall be in an amount not less than 22.5% of the taxpayer's
2actual liability under Section 2d. If the month during which
3such tax liability is incurred begins on or after January 1,
41986, each payment shall be in an amount equal to 22.5% of the
5taxpayer's actual liability for the month or 27.5% of the
6taxpayer's liability for the same calendar month of the
7preceding calendar year. If the month during which such tax
8liability is incurred begins on or after January 1, 1987, each
9payment shall be in an amount equal to 22.5% of the taxpayer's
10actual liability for the month or 26.25% of the taxpayer's
11liability for the same calendar month of the preceding year.
12The amount of such quarter monthly payments shall be credited
13against the final tax liability of the taxpayer's return for
14that month filed under this Section or Section 2f, as the case
15may be. Once applicable, the requirement of the making of
16quarter monthly payments to the Department pursuant to this
17paragraph shall continue until such taxpayer's average monthly
18prepaid tax collections during the preceding 2 complete
19calendar quarters is $25,000 or less. If any such quarter
20monthly payment is not paid at the time or in the amount
21required, the taxpayer shall be liable for penalties and
22interest on such difference, except insofar as the taxpayer has
23previously made payments for that month in excess of the
24minimum payments previously due.
25 The provisions of this paragraph apply on and after October
261, 2001. Without regard to whether a taxpayer is required to

SB2884 Enrolled- 124 -LRB099 18144 RJF 42510 b
1make quarter monthly payments as specified above, any taxpayer
2who is required by Section 2d of this Act to collect and remit
3prepaid taxes and has collected prepaid taxes that average in
4excess of $20,000 per month during the preceding 4 complete
5calendar quarters shall file a return with the Department as
6required by Section 2f and shall make payments to the
7Department on or before the 7th, 15th, 22nd and last day of the
8month during which the liability is incurred. Each payment
9shall be in an amount equal to 22.5% of the taxpayer's actual
10liability for the month or 25% of the taxpayer's liability for
11the same calendar month of the preceding year. The amount of
12the quarter monthly payments shall be credited against the
13final tax liability of the taxpayer's return for that month
14filed under this Section or Section 2f, as the case may be.
15Once applicable, the requirement of the making of quarter
16monthly payments to the Department pursuant to this paragraph
17shall continue until the taxpayer's average monthly prepaid tax
18collections during the preceding 4 complete calendar quarters
19(excluding the month of highest liability and the month of
20lowest liability) is less than $19,000 or until such taxpayer's
21average monthly liability to the Department as computed for
22each calendar quarter of the 4 preceding complete calendar
23quarters is less than $20,000. If any such quarter monthly
24payment is not paid at the time or in the amount required, the
25taxpayer shall be liable for penalties and interest on such
26difference, except insofar as the taxpayer has previously made

SB2884 Enrolled- 125 -LRB099 18144 RJF 42510 b
1payments for that month in excess of the minimum payments
2previously due.
3 If any payment provided for in this Section exceeds the
4taxpayer's liabilities under this Act, the Use Tax Act, the
5Service Occupation Tax Act and the Service Use Tax Act, as
6shown on an original monthly return, the Department shall, if
7requested by the taxpayer, issue to the taxpayer a credit
8memorandum no later than 30 days after the date of payment. The
9credit evidenced by such credit memorandum may be assigned by
10the taxpayer to a similar taxpayer under this Act, the Use Tax
11Act, the Service Occupation Tax Act or the Service Use Tax Act,
12in accordance with reasonable rules and regulations to be
13prescribed by the Department. If no such request is made, the
14taxpayer may credit such excess payment against tax liability
15subsequently to be remitted to the Department under this Act,
16the Use Tax Act, the Service Occupation Tax Act or the Service
17Use Tax Act, in accordance with reasonable rules and
18regulations prescribed by the Department. If the Department
19subsequently determined that all or any part of the credit
20taken was not actually due to the taxpayer, the taxpayer's 2.1%
21and 1.75% vendor's discount shall be reduced by 2.1% or 1.75%
22of the difference between the credit taken and that actually
23due, and that taxpayer shall be liable for penalties and
24interest on such difference.
25 If a retailer of motor fuel is entitled to a credit under
26Section 2d of this Act which exceeds the taxpayer's liability

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1to the Department under this Act for the month which the
2taxpayer is filing a return, the Department shall issue the
3taxpayer a credit memorandum for the excess.
4 Beginning January 1, 1990, each month the Department shall
5pay into the Local Government Tax Fund, a special fund in the
6State treasury which is hereby created, the net revenue
7realized for the preceding month from the 1% tax on sales of
8food for human consumption which is to be consumed off the
9premises where it is sold (other than alcoholic beverages, soft
10drinks and food which has been prepared for immediate
11consumption) and prescription and nonprescription medicines,
12drugs, medical appliances and insulin, urine testing
13materials, syringes and needles used by diabetics.
14 Beginning January 1, 1990, each month the Department shall
15pay into the County and Mass Transit District Fund, a special
16fund in the State treasury which is hereby created, 4% of the
17net revenue realized for the preceding month from the 6.25%
18general rate.
19 Beginning August 1, 2000, each month the Department shall
20pay into the County and Mass Transit District Fund 20% of the
21net revenue realized for the preceding month from the 1.25%
22rate on the selling price of motor fuel and gasohol. Beginning
23September 1, 2010, each month the Department shall pay into the
24County and Mass Transit District Fund 20% of the net revenue
25realized for the preceding month from the 1.25% rate on the
26selling price of sales tax holiday items.

SB2884 Enrolled- 127 -LRB099 18144 RJF 42510 b
1 Beginning January 1, 1990, each month the Department shall
2pay into the Local Government Tax Fund 16% of the net revenue
3realized for the preceding month from the 6.25% general rate on
4the selling price of tangible personal property.
5 Beginning August 1, 2000, each month the Department shall
6pay into the Local Government Tax Fund 80% of the net revenue
7realized for the preceding month from the 1.25% rate on the
8selling price of motor fuel and gasohol. Beginning September 1,
92010, each month the Department shall pay into the Local
10Government Tax Fund 80% of the net revenue realized for the
11preceding month from the 1.25% rate on the selling price of
12sales tax holiday items.
13 Beginning October 1, 2009, each month the Department shall
14pay into the Capital Projects Fund an amount that is equal to
15an amount estimated by the Department to represent 80% of the
16net revenue realized for the preceding month from the sale of
17candy, grooming and hygiene products, and soft drinks that had
18been taxed at a rate of 1% prior to September 1, 2009 but that
19are now taxed at 6.25%.
20 Beginning July 1, 2011, each month the Department shall pay
21into the Clean Air Act (CAA) Permit Fund 80% of the net revenue
22realized for the preceding month from the 6.25% general rate on
23the selling price of sorbents used in Illinois in the process
24of sorbent injection as used to comply with the Environmental
25Protection Act or the federal Clean Air Act, but the total
26payment into the Clean Air Act (CAA) Permit Fund under this Act

SB2884 Enrolled- 128 -LRB099 18144 RJF 42510 b
1and the Use Tax Act shall not exceed $2,000,000 in any fiscal
2year.
3 Beginning July 1, 2013, each month the Department shall pay
4into the Underground Storage Tank Fund from the proceeds
5collected under this Act, the Use Tax Act, the Service Use Tax
6Act, and the Service Occupation Tax Act an amount equal to the
7average monthly deficit in the Underground Storage Tank Fund
8during the prior year, as certified annually by the Illinois
9Environmental Protection Agency, but the total payment into the
10Underground Storage Tank Fund under this Act, the Use Tax Act,
11the Service Use Tax Act, and the Service Occupation Tax Act
12shall not exceed $18,000,000 in any State fiscal year. As used
13in this paragraph, the "average monthly deficit" shall be equal
14to the difference between the average monthly claims for
15payment by the fund and the average monthly revenues deposited
16into the fund, excluding payments made pursuant to this
17paragraph.
18 Beginning July 1, 2015, of the remainder of the moneys
19received by the Department under the Use Tax Act, the Service
20Use Tax Act, the Service Occupation Tax Act, and this Act, each
21month the Department shall deposit $500,000 into the State
22Crime Laboratory Fund.
23 Of the remainder of the moneys received by the Department
24pursuant to this Act, (a) 1.75% thereof shall be paid into the
25Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
26and after July 1, 1989, 3.8% thereof shall be paid into the

SB2884 Enrolled- 129 -LRB099 18144 RJF 42510 b
1Build Illinois Fund; provided, however, that if in any fiscal
2year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
3may be, of the moneys received by the Department and required
4to be paid into the Build Illinois Fund pursuant to this Act,
5Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
6Act, and Section 9 of the Service Occupation Tax Act, such Acts
7being hereinafter called the "Tax Acts" and such aggregate of
82.2% or 3.8%, as the case may be, of moneys being hereinafter
9called the "Tax Act Amount", and (2) the amount transferred to
10the Build Illinois Fund from the State and Local Sales Tax
11Reform Fund shall be less than the Annual Specified Amount (as
12hereinafter defined), an amount equal to the difference shall
13be immediately paid into the Build Illinois Fund from other
14moneys received by the Department pursuant to the Tax Acts; the
15"Annual Specified Amount" means the amounts specified below for
16fiscal years 1986 through 1993:
17Fiscal YearAnnual Specified Amount
181986$54,800,000
191987$76,650,000
201988$80,480,000
211989$88,510,000
221990$115,330,000
231991$145,470,000
241992$182,730,000
251993$206,520,000;
26and means the Certified Annual Debt Service Requirement (as

SB2884 Enrolled- 130 -LRB099 18144 RJF 42510 b
1defined in Section 13 of the Build Illinois Bond Act) or the
2Tax Act Amount, whichever is greater, for fiscal year 1994 and
3each fiscal year thereafter; and further provided, that if on
4the last business day of any month the sum of (1) the Tax Act
5Amount required to be deposited into the Build Illinois Bond
6Account in the Build Illinois Fund during such month and (2)
7the amount transferred to the Build Illinois Fund from the
8State and Local Sales Tax Reform Fund shall have been less than
91/12 of the Annual Specified Amount, an amount equal to the
10difference shall be immediately paid into the Build Illinois
11Fund from other moneys received by the Department pursuant to
12the Tax Acts; and, further provided, that in no event shall the
13payments required under the preceding proviso result in
14aggregate payments into the Build Illinois Fund pursuant to
15this clause (b) for any fiscal year in excess of the greater of
16(i) the Tax Act Amount or (ii) the Annual Specified Amount for
17such fiscal year. The amounts payable into the Build Illinois
18Fund under clause (b) of the first sentence in this paragraph
19shall be payable only until such time as the aggregate amount
20on deposit under each trust indenture securing Bonds issued and
21outstanding pursuant to the Build Illinois Bond Act is
22sufficient, taking into account any future investment income,
23to fully provide, in accordance with such indenture, for the
24defeasance of or the payment of the principal of, premium, if
25any, and interest on the Bonds secured by such indenture and on
26any Bonds expected to be issued thereafter and all fees and

SB2884 Enrolled- 131 -LRB099 18144 RJF 42510 b
1costs payable with respect thereto, all as certified by the
2Director of the Bureau of the Budget (now Governor's Office of
3Management and Budget). If on the last business day of any
4month in which Bonds are outstanding pursuant to the Build
5Illinois Bond Act, the aggregate of moneys deposited in the
6Build Illinois Bond Account in the Build Illinois Fund in such
7month shall be less than the amount required to be transferred
8in such month from the Build Illinois Bond Account to the Build
9Illinois Bond Retirement and Interest Fund pursuant to Section
1013 of the Build Illinois Bond Act, an amount equal to such
11deficiency shall be immediately paid from other moneys received
12by the Department pursuant to the Tax Acts to the Build
13Illinois Fund; provided, however, that any amounts paid to the
14Build Illinois Fund in any fiscal year pursuant to this
15sentence shall be deemed to constitute payments pursuant to
16clause (b) of the first sentence of this paragraph and shall
17reduce the amount otherwise payable for such fiscal year
18pursuant to that clause (b). The moneys received by the
19Department pursuant to this Act and required to be deposited
20into the Build Illinois Fund are subject to the pledge, claim
21and charge set forth in Section 12 of the Build Illinois Bond
22Act.
23 Subject to payment of amounts into the Build Illinois Fund
24as provided in the preceding paragraph or in any amendment
25thereto hereafter enacted, the following specified monthly
26installment of the amount requested in the certificate of the

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1Chairman of the Metropolitan Pier and Exposition Authority
2provided under Section 8.25f of the State Finance Act, but not
3in excess of sums designated as "Total Deposit", shall be
4deposited in the aggregate from collections under Section 9 of
5the Use Tax Act, Section 9 of the Service Use Tax Act, Section
69 of the Service Occupation Tax Act, and Section 3 of the
7Retailers' Occupation Tax Act into the McCormick Place
8Expansion Project Fund in the specified fiscal years.
9Fiscal YearTotal Deposit
101993 $0
111994 53,000,000
121995 58,000,000
131996 61,000,000
141997 64,000,000
151998 68,000,000
161999 71,000,000
172000 75,000,000
182001 80,000,000
192002 93,000,000
202003 99,000,000
212004103,000,000
222005108,000,000
232006113,000,000
242007119,000,000
252008126,000,000

SB2884 Enrolled- 133 -LRB099 18144 RJF 42510 b
12009132,000,000
22010139,000,000
32011146,000,000
42012153,000,000
52013161,000,000
62014170,000,000
72015179,000,000
82016189,000,000
92017199,000,000
102018210,000,000
112019221,000,000
122020233,000,000
132021246,000,000
142022260,000,000
152023275,000,000
162024 275,000,000
172025 275,000,000
182026 279,000,000
192027 292,000,000
202028 307,000,000
212029 322,000,000
222030 338,000,000
232031 350,000,000
242032 350,000,000
25and
26each fiscal year

SB2884 Enrolled- 134 -LRB099 18144 RJF 42510 b
1thereafter that bonds
2are outstanding under
3Section 13.2 of the
4Metropolitan Pier and
5Exposition Authority Act,
6but not after fiscal year 2060.
7 Beginning July 20, 1993 and in each month of each fiscal
8year thereafter, one-eighth of the amount requested in the
9certificate of the Chairman of the Metropolitan Pier and
10Exposition Authority for that fiscal year, less the amount
11deposited into the McCormick Place Expansion Project Fund by
12the State Treasurer in the respective month under subsection
13(g) of Section 13 of the Metropolitan Pier and Exposition
14Authority Act, plus cumulative deficiencies in the deposits
15required under this Section for previous months and years,
16shall be deposited into the McCormick Place Expansion Project
17Fund, until the full amount requested for the fiscal year, but
18not in excess of the amount specified above as "Total Deposit",
19has been deposited.
20 Subject to payment of amounts into the Build Illinois Fund
21and the McCormick Place Expansion Project Fund pursuant to the
22preceding paragraphs or in any amendments thereto hereafter
23enacted, beginning July 1, 1993 and ending on September 30,
242013, the Department shall each month pay into the Illinois Tax
25Increment Fund 0.27% of 80% of the net revenue realized for the
26preceding month from the 6.25% general rate on the selling

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1price of tangible personal property.
2 Subject to payment of amounts into the Build Illinois Fund
3and the McCormick Place Expansion Project Fund pursuant to the
4preceding paragraphs or in any amendments thereto hereafter
5enacted, beginning with the receipt of the first report of
6taxes paid by an eligible business and continuing for a 25-year
7period, the Department shall each month pay into the Energy
8Infrastructure Fund 80% of the net revenue realized from the
96.25% general rate on the selling price of Illinois-mined coal
10that was sold to an eligible business. For purposes of this
11paragraph, the term "eligible business" means a new electric
12generating facility certified pursuant to Section 605-332 of
13the Department of Commerce and Economic Opportunity Law of the
14Civil Administrative Code of Illinois.
15 Subject to payment of amounts into the Build Illinois Fund,
16the McCormick Place Expansion Project Fund, the Illinois Tax
17Increment Fund, and the Energy Infrastructure Fund pursuant to
18the preceding paragraphs or in any amendments to this Section
19hereafter enacted, beginning on the first day of the first
20calendar month to occur on or after the effective date of this
21amendatory Act of the 98th General Assembly, each month, from
22the collections made under Section 9 of the Use Tax Act,
23Section 9 of the Service Use Tax Act, Section 9 of the Service
24Occupation Tax Act, and Section 3 of the Retailers' Occupation
25Tax Act, the Department shall pay into the Tax Compliance and
26Administration Fund, to be used, subject to appropriation, to

SB2884 Enrolled- 136 -LRB099 18144 RJF 42510 b
1fund additional auditors and compliance personnel at the
2Department of Revenue, an amount equal to 1/12 of 5% of 80% of
3the cash receipts collected during the preceding fiscal year by
4the Audit Bureau of the Department under the Use Tax Act, the
5Service Use Tax Act, the Service Occupation Tax Act, the
6Retailers' Occupation Tax Act, and associated local occupation
7and use taxes administered by the Department.
8 Of the remainder of the moneys received by the Department
9pursuant to this Act, 75% thereof shall be paid into the State
10Treasury and 25% shall be reserved in a special account and
11used only for the transfer to the Common School Fund as part of
12the monthly transfer from the General Revenue Fund in
13accordance with Section 8a of the State Finance Act.
14 The Department may, upon separate written notice to a
15taxpayer, require the taxpayer to prepare and file with the
16Department on a form prescribed by the Department within not
17less than 60 days after receipt of the notice an annual
18information return for the tax year specified in the notice.
19Such annual return to the Department shall include a statement
20of gross receipts as shown by the retailer's last Federal
21income tax return. If the total receipts of the business as
22reported in the Federal income tax return do not agree with the
23gross receipts reported to the Department of Revenue for the
24same period, the retailer shall attach to his annual return a
25schedule showing a reconciliation of the 2 amounts and the
26reasons for the difference. The retailer's annual return to the

SB2884 Enrolled- 137 -LRB099 18144 RJF 42510 b
1Department shall also disclose the cost of goods sold by the
2retailer during the year covered by such return, opening and
3closing inventories of such goods for such year, costs of goods
4used from stock or taken from stock and given away by the
5retailer during such year, payroll information of the
6retailer's business during such year and any additional
7reasonable information which the Department deems would be
8helpful in determining the accuracy of the monthly, quarterly
9or annual returns filed by such retailer as provided for in
10this Section.
11 If the annual information return required by this Section
12is not filed when and as required, the taxpayer shall be liable
13as follows:
14 (i) Until January 1, 1994, the taxpayer shall be liable
15 for a penalty equal to 1/6 of 1% of the tax due from such
16 taxpayer under this Act during the period to be covered by
17 the annual return for each month or fraction of a month
18 until such return is filed as required, the penalty to be
19 assessed and collected in the same manner as any other
20 penalty provided for in this Act.
21 (ii) On and after January 1, 1994, the taxpayer shall
22 be liable for a penalty as described in Section 3-4 of the
23 Uniform Penalty and Interest Act.
24 The chief executive officer, proprietor, owner or highest
25ranking manager shall sign the annual return to certify the
26accuracy of the information contained therein. Any person who

SB2884 Enrolled- 138 -LRB099 18144 RJF 42510 b
1willfully signs the annual return containing false or
2inaccurate information shall be guilty of perjury and punished
3accordingly. The annual return form prescribed by the
4Department shall include a warning that the person signing the
5return may be liable for perjury.
6 The provisions of this Section concerning the filing of an
7annual information return do not apply to a retailer who is not
8required to file an income tax return with the United States
9Government.
10 As soon as possible after the first day of each month, upon
11certification of the Department of Revenue, the Comptroller
12shall order transferred and the Treasurer shall transfer from
13the General Revenue Fund to the Motor Fuel Tax Fund an amount
14equal to 1.7% of 80% of the net revenue realized under this Act
15for the second preceding month. Beginning April 1, 2000, this
16transfer is no longer required and shall not be made.
17 Net revenue realized for a month shall be the revenue
18collected by the State pursuant to this Act, less the amount
19paid out during that month as refunds to taxpayers for
20overpayment of liability.
21 For greater simplicity of administration, manufacturers,
22importers and wholesalers whose products are sold at retail in
23Illinois by numerous retailers, and who wish to do so, may
24assume the responsibility for accounting and paying to the
25Department all tax accruing under this Act with respect to such
26sales, if the retailers who are affected do not make written

SB2884 Enrolled- 139 -LRB099 18144 RJF 42510 b
1objection to the Department to this arrangement.
2 Any person who promotes, organizes, provides retail
3selling space for concessionaires or other types of sellers at
4the Illinois State Fair, DuQuoin State Fair, county fairs,
5local fairs, art shows, flea markets and similar exhibitions or
6events, including any transient merchant as defined by Section
72 of the Transient Merchant Act of 1987, is required to file a
8report with the Department providing the name of the merchant's
9business, the name of the person or persons engaged in
10merchant's business, the permanent address and Illinois
11Retailers Occupation Tax Registration Number of the merchant,
12the dates and location of the event and other reasonable
13information that the Department may require. The report must be
14filed not later than the 20th day of the month next following
15the month during which the event with retail sales was held.
16Any person who fails to file a report required by this Section
17commits a business offense and is subject to a fine not to
18exceed $250.
19 Any person engaged in the business of selling tangible
20personal property at retail as a concessionaire or other type
21of seller at the Illinois State Fair, county fairs, art shows,
22flea markets and similar exhibitions or events, or any
23transient merchants, as defined by Section 2 of the Transient
24Merchant Act of 1987, may be required to make a daily report of
25the amount of such sales to the Department and to make a daily
26payment of the full amount of tax due. The Department shall

SB2884 Enrolled- 140 -LRB099 18144 RJF 42510 b
1impose this requirement when it finds that there is a
2significant risk of loss of revenue to the State at such an
3exhibition or event. Such a finding shall be based on evidence
4that a substantial number of concessionaires or other sellers
5who are not residents of Illinois will be engaging in the
6business of selling tangible personal property at retail at the
7exhibition or event, or other evidence of a significant risk of
8loss of revenue to the State. The Department shall notify
9concessionaires and other sellers affected by the imposition of
10this requirement. In the absence of notification by the
11Department, the concessionaires and other sellers shall file
12their returns as otherwise required in this Section.
13(Source: P.A. 98-24, eff. 6-19-13; 98-109, eff. 7-25-13;
1498-496, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1098, eff.
158-26-14; 99-352, eff. 8-12-15.)
16 Section 5-105. The Heart of Illinois Regional Port District
17Act is amended by changing Section 105 as follows:
18 (70 ILCS 1807/105)
19 Sec. 105. Board; appointments; terms of office;
20certification and oath. The Governor, by and with the advice
21and consent of the Senate, shall appoint 3 members of the
22Board. Of the 3 members appointed by the Governor, at least one
23must be a member of a labor organization, which, for the
24purposes of this Section, means an organization of workers

SB2884 Enrolled- 141 -LRB099 18144 RJF 42510 b
1established to bargain collectively on behalf of their member
2workers as defined in Section 3 of the Workplace Literacy Act.
3If the Senate is in recess when the appointment is made, the
4Governor shall make a temporary appointment until the next
5meeting of the Senate. The county board chairmen of Tazewell,
6Woodford, Peoria, Marshall, Mason, and Fulton Counties shall
7each appoint one member of the Board with the advice and
8consent of their respective county boards. Of the members
9initially appointed, the 3 appointed by the Governor shall be
10appointed for initial terms expiring June 1, 2009, and the 6
11appointed by their county board chairmen shall be appointed for
12initial terms expiring June 1, 2010. All vacancies shall be
13filled in a like manner and with like regard to the place of
14residence of the appointee. After the expiration of initial
15terms, a successor shall hold office for the term of 6 years
16beginning the first day of June of the year in which the term
17of office commences. The Governor and the respective county
18board chairmen shall certify their appointments to the
19Secretary of State. Within 30 days after certification of
20appointment, and before entering upon the duties of his office,
21each member of the Board shall take and subscribe the
22constitutional oath of office and file it in the office of the
23Secretary of State.
24(Source: P.A. 93-262, eff. 7-22-03.)
25 (110 ILCS 805/2-16.05 rep.)

SB2884 Enrolled- 142 -LRB099 18144 RJF 42510 b
1 Section 5-110. The Public Community College Act is amended
2by repealing Section 2-16.05.
3 Section 5-115. The Nursing Home Care Act is amended by
4changing Section 3-310 as follows:
5 (210 ILCS 45/3-310) (from Ch. 111 1/2, par. 4153-310)
6 Sec. 3-310. All penalties shall be paid to the Department
7within 10 days of receipt of notice of assessment or, if the
8penalty is contested under Section 3-309, within 10 days of
9receipt of the final decision, unless the decision is appealed
10and the order is stayed by court order under Section 3-713. A
11facility choosing to waive the right to a hearing under Section
123-309 shall submit a payment totaling 65% of the original fine
13amount along with the written waiver. A penalty assessed under
14this Act shall be collected by the Department and shall be
15deposited with the State Treasurer into the Long Term Care
16Monitor/Receiver Fund. If the person or facility against whom a
17penalty has been assessed does not comply with a written demand
18for payment within 30 days, the Director shall issue an order
19to do any of the following:
20 (1) Direct the State Treasurer or Comptroller to deduct
21 the amount of the fine from amounts otherwise due from the
22 State for the penalty, including any payments to be made
23 from the Medicaid Long Term Care Provider Participation Fee
24 Trust Fund established under Section 5-4.31 of the Illinois

SB2884 Enrolled- 143 -LRB099 18144 RJF 42510 b
1 Public Aid Code, and remit that amount to the Department;
2 (2) Add the amount of the penalty to the facility's
3 licensing fee; if the licensee refuses to make the payment
4 at the time of application for renewal of its license, the
5 license shall not be renewed; or
6 (3) Bring an action in circuit court to recover the
7 amount of the penalty.
8 With the approval of the federal centers for Medicaid and
9Medicare services, the Director of Public Health shall set
10aside 50% of the federal civil monetary penalties collected
11each year to be used to award grants under the Equity in
12Long-term Care Quality Act.
13(Source: P.A. 96-1372, eff. 7-29-10.)
14 Section 5-120. The Physical Fitness Facility Medical
15Emergency Preparedness Act is amended by changing Section 35 as
16follows:
17 (210 ILCS 74/35)
18 Sec. 35. Penalties for violations.
19 (a) If a physical fitness facility violates this Act by (i)
20failing to adopt or implement a plan for responding to medical
21emergencies under Section 10 or (ii) failing to have on the
22premises an AED or trained AED user as required under
23subsection (a) or (b) of Section 15, the Director may issue to
24the facility a written administrative warning without monetary

SB2884 Enrolled- 144 -LRB099 18144 RJF 42510 b
1penalty for the initial violation. The facility may reply to
2the Department with written comments concerning the facility's
3remedial response to the warning. For subsequent violations,
4the Director may impose a civil monetary penalty against the
5facility as follows:
6 (1) At least $1,500 but less than $2,000 for a second
7 violation.
8 (2) At least $2,000 for a third or subsequent
9 violation.
10 (b) The Director may impose a civil monetary penalty under
11this Section only after it provides the following to the
12facility:
13 (1) Written notice of the alleged violation.
14 (2) Written notice of the facility's right to request
15 an administrative hearing on the question of the alleged
16 violation.
17 (3) An opportunity to present evidence, orally or in
18 writing or both, on the question of the alleged violation
19 before an impartial hearing examiner appointed by the
20 Director.
21 (4) A written decision from the Director, based on the
22 evidence introduced at the hearing and the hearing
23 examiner's recommendations, finding that the facility
24 violated this Act and imposing the civil penalty.
25 (c) The Attorney General may bring an action in the circuit
26court to enforce the collection of a monetary penalty imposed

SB2884 Enrolled- 145 -LRB099 18144 RJF 42510 b
1under this Section.
2 (d) The fines shall be deposited into the General Revenue
3Fund Physical Fitness Facility Medical Emergency Preparedness
4Fund to be appropriated to the Department, together with any
5other amounts, for the costs of administering this Act.
6(Source: P.A. 93-910, eff. 1-1-05.)
7 (235 ILCS 5/12-4 rep.)
8 Section 5-125. The Liquor Control Act of 1934 is amended by
9repealing Section 12-4.
10 Section 5-130. The Illinois Public Aid Code is amended by
11changing Section 12-5 as follows:
12 (305 ILCS 5/12-5) (from Ch. 23, par. 12-5)
13 Sec. 12-5. Appropriations; uses; federal grants; report to
14General Assembly. From the sums appropriated by the General
15Assembly, the Illinois Department shall order for payment by
16warrant from the State Treasury grants for public aid under
17Articles III, IV, and V, including grants for funeral and
18burial expenses, and all costs of administration of the
19Illinois Department and the County Departments relating
20thereto. Moneys appropriated to the Illinois Department for
21public aid under Article VI may be used, with the consent of
22the Governor, to co-operate with federal, State, and local
23agencies in the development of work projects designed to

SB2884 Enrolled- 146 -LRB099 18144 RJF 42510 b
1provide suitable employment for persons receiving public aid
2under Article VI. The Illinois Department, with the consent of
3the Governor, may be the agent of the State for the receipt and
4disbursement of federal funds or commodities for public aid
5purposes under Article VI and for related purposes in which the
6co-operation of the Illinois Department is sought by the
7federal government, and, in connection therewith, may make
8necessary expenditures from moneys appropriated for public aid
9under any Article of this Code and for administration. The
10Illinois Department, with the consent of the Governor, may be
11the agent of the State for the receipt and disbursement of
12federal funds pursuant to the Immigration Reform and Control
13Act of 1986 and may make necessary expenditures from monies
14appropriated to it for operations, administration, and grants,
15including payment to the Health Insurance Reserve Fund for
16group insurance costs at the rate certified by the Department
17of Central Management Services. All amounts received by the
18Illinois Department pursuant to the Immigration Reform and
19Control Act of 1986 shall be deposited in the Immigration
20Reform and Control Fund. All amounts received into the
21Immigration Reform and Control Fund as reimbursement for
22expenditures from the General Revenue Fund shall be transferred
23to the General Revenue Fund.
24 All grants received by the Illinois Department for programs
25funded by the Federal Social Services Block Grant shall be
26deposited in the Social Services Block Grant Fund. All funds

SB2884 Enrolled- 147 -LRB099 18144 RJF 42510 b
1received into the Social Services Block Grant Fund as
2reimbursement for expenditures from the General Revenue Fund
3shall be transferred to the General Revenue Fund. All funds
4received into the Social Services Block Grant fund for
5reimbursement for expenditure out of the Local Initiative Fund
6shall be transferred into the Local Initiative Fund. Any other
7federal funds received into the Social Services Block Grant
8Fund shall be transferred to the Special Purposes Trust Fund.
9All federal funds received by the Illinois Department as
10reimbursement for Employment and Training Programs for
11expenditures made by the Illinois Department from grants,
12gifts, or legacies as provided in Section 12-4.18 or made by an
13entity other than the Illinois Department and all federal funds
14received from the Emergency Contingency Fund for State
15Temporary Assistance for Needy Families Programs established
16by the American Recovery and Reinvestment Act of 2009 shall be
17deposited into the Employment and Training Fund, except that
18federal funds received as reimbursement as a result of the
19appropriation made for the costs of providing adult education
20to public assistance recipients under the "Adult Education,
21Public Assistance Fund" shall be deposited into the General
22Revenue Fund; provided, however, that all funds, except those
23that are specified in an interagency agreement between the
24Illinois Community College Board and the Illinois Department,
25that are received by the Illinois Department as reimbursement
26under Title IV-A of the Social Security Act for expenditures

SB2884 Enrolled- 148 -LRB099 18144 RJF 42510 b
1that are made by the Illinois Community College Board or any
2public community college of this State shall be credited to a
3special account that the State Treasurer shall establish and
4maintain within the Employment and Training Fund for the
5purpose of segregating the reimbursements received for
6expenditures made by those entities. As reimbursements are
7deposited into the Employment and Training Fund, the Illinois
8Department shall certify to the State Comptroller and State
9Treasurer the amount that is to be credited to the special
10account established within that Fund as a reimbursement for
11expenditures under Title IV-A of the Social Security Act made
12by the Illinois Community College Board or any of the public
13community colleges. All amounts credited to the special account
14established and maintained within the Employment and Training
15Fund as provided in this Section shall be held for transfer to
16the TANF Opportunities Fund as provided in subsection (d) of
17Section 12-10.3, and shall not be transferred to any other fund
18or used for any other purpose.
19 Eighty percent of the federal financial participation
20funds received by the Illinois Department under the Title IV-A
21Emergency Assistance program as reimbursement for expenditures
22made from the Illinois Department of Children and Family
23Services appropriations for the costs of providing services in
24behalf of Department of Children and Family Services clients
25shall be deposited into the DCFS Children's Services Fund.
26 All federal funds, except those covered by the foregoing 3

SB2884 Enrolled- 149 -LRB099 18144 RJF 42510 b
1paragraphs, received as reimbursement for expenditures from
2the General Revenue Fund shall be deposited in the General
3Revenue Fund for administrative and distributive expenditures
4properly chargeable by federal law or regulation to aid
5programs established under Articles III through XII and Titles
6IV, XVI, XIX and XX of the Federal Social Security Act. Any
7other federal funds received by the Illinois Department under
8Sections 12-4.6, 12-4.18 and 12-4.19 that are required by
9Section 12-10 of this Code to be paid into the Special Purposes
10Trust Fund shall be deposited into the Special Purposes Trust
11Fund. Any other federal funds received by the Illinois
12Department pursuant to the Child Support Enforcement Program
13established by Title IV-D of the Social Security Act shall be
14deposited in the Child Support Enforcement Trust Fund as
15required under Section 12-10.2 or in the Child Support
16Administrative Fund as required under Section 12-10.2a of this
17Code. Any other federal funds received by the Illinois
18Department for medical assistance program expenditures made
19under Title XIX of the Social Security Act and Article V of
20this Code that are required by Section 5-4.21 of this Code to
21be paid into the Medicaid Provider for Persons with a
22Developmental Disability Participation Fee Trust Fund shall be
23deposited into the Medicaid Provider for Persons with a
24Developmental Disability Participation Fee Trust Fund. Any
25other federal funds received by the Illinois Department for
26medical assistance program expenditures made under Title XIX of

SB2884 Enrolled- 150 -LRB099 18144 RJF 42510 b
1the Social Security Act and Article V of this Code that are
2required by Section 5-4.31 of this Code to be paid into the
3Medicaid Long Term Care Provider Participation Fee Trust Fund
4shall be deposited into the Medicaid Long Term Care Provider
5Participation Fee Trust Fund. Any other federal funds received
6by the Illinois Department for hospital inpatient, hospital
7ambulatory care, and disproportionate share hospital
8expenditures made under Title XIX of the Social Security Act
9and Article V of this Code that are required by Section 14-2 of
10this Code to be paid into the Hospital Services Trust Fund
11shall be deposited into the Hospital Services Trust Fund. Any
12other federal funds received by the Illinois Department for
13expenditures made under Title XIX of the Social Security Act
14and Articles V and VI of this Code that are required by Section
1515-2 of this Code to be paid into the County Provider Trust
16Fund shall be deposited into the County Provider Trust Fund.
17Any other federal funds received by the Illinois Department for
18hospital inpatient, hospital ambulatory care, and
19disproportionate share hospital expenditures made under Title
20XIX of the Social Security Act and Article V of this Code that
21are required by Section 5A-8 of this Code to be paid into the
22Hospital Provider Fund shall be deposited into the Hospital
23Provider Fund. Any other federal funds received by the Illinois
24Department for medical assistance program expenditures made
25under Title XIX of the Social Security Act and Article V of
26this Code that are required by Section 5B-8 of this Code to be

SB2884 Enrolled- 151 -LRB099 18144 RJF 42510 b
1paid into the Long-Term Care Provider Fund shall be deposited
2into the Long-Term Care Provider Fund. Any other federal funds
3received by the Illinois Department for medical assistance
4program expenditures made under Title XIX of the Social
5Security Act and Article V of this Code that are required by
6Section 5C-7 of this Code to be paid into the Care Provider
7Fund for Persons with a Developmental Disability shall be
8deposited into the Care Provider Fund for Persons with a
9Developmental Disability. Any other federal funds received by
10the Illinois Department for trauma center adjustment payments
11that are required by Section 5-5.03 of this Code and made under
12Title XIX of the Social Security Act and Article V of this Code
13shall be deposited into the Trauma Center Fund. Any other
14federal funds received by the Illinois Department as
15reimbursement for expenses for early intervention services
16paid from the Early Intervention Services Revolving Fund shall
17be deposited into that Fund.
18 The Illinois Department shall report to the General
19Assembly at the end of each fiscal quarter the amount of all
20funds received and paid into the Social Service Block Grant
21Fund and the Local Initiative Fund and the expenditures and
22transfers of such funds for services, programs and other
23purposes authorized by law. Such report shall be filed with the
24Speaker, Minority Leader and Clerk of the House, with the
25President, Minority Leader and Secretary of the Senate, with
26the Chairmen of the House and Senate Appropriations Committees,

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1the House Human Resources Committee and the Senate Public
2Health, Welfare and Corrections Committee, or the successor
3standing Committees of each as provided by the rules of the
4House and Senate, respectively, with the Legislative Research
5Unit and with the State Government Report Distribution Center
6for the General Assembly as is required under paragraph (t) of
7Section 7 of the State Library Act shall be deemed sufficient
8to comply with this Section.
9(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)
10 (305 ILCS 5/5-16.4 rep.)
11 Section 5-135. The Illinois Public Aid Code is amended by
12repealing Section 5-16.4.
13 Section 5-140. The Energy Assistance Act is amended by
14changing Section 13 as follows:
15 (305 ILCS 20/13)
16 (Section scheduled to be repealed on December 31, 2018)
17 Sec. 13. Supplemental Low-Income Energy Assistance Fund.
18 (a) The Supplemental Low-Income Energy Assistance Fund is
19hereby created as a special fund in the State Treasury. The
20Supplemental Low-Income Energy Assistance Fund is authorized
21to receive moneys from voluntary donations from individuals,
22foundations, corporations, and other sources, moneys received
23pursuant to Section 17, and, by statutory deposit, the moneys

SB2884 Enrolled- 153 -LRB099 18144 RJF 42510 b
1collected pursuant to this Section. The Fund is also authorized
2to receive voluntary donations from individuals, foundations,
3corporations, and other sources, as well as contributions made
4in accordance with Section 507MM of the Illinois Income Tax
5Act. Subject to appropriation, the Department shall use moneys
6from the Supplemental Low-Income Energy Assistance Fund for
7payments to electric or gas public utilities, municipal
8electric or gas utilities, and electric cooperatives on behalf
9of their customers who are participants in the program
10authorized by Sections 4 and 18 of this Act, for the provision
11of weatherization services and for administration of the
12Supplemental Low-Income Energy Assistance Fund. The yearly
13expenditures for weatherization may not exceed 10% of the
14amount collected during the year pursuant to this Section. The
15yearly administrative expenses of the Supplemental Low-Income
16Energy Assistance Fund may not exceed 10% of the amount
17collected during that year pursuant to this Section, except
18when unspent funds from the Supplemental Low-Income Energy
19Assistance Fund are reallocated from a previous year; any
20unspent balance of the 10% administrative allowance may be
21utilized for administrative expenses in the year they are
22reallocated.
23 (b) Notwithstanding the provisions of Section 16-111 of the
24Public Utilities Act but subject to subsection (k) of this
25Section, each public utility, electric cooperative, as defined
26in Section 3.4 of the Electric Supplier Act, and municipal

SB2884 Enrolled- 154 -LRB099 18144 RJF 42510 b
1utility, as referenced in Section 3-105 of the Public Utilities
2Act, that is engaged in the delivery of electricity or the
3distribution of natural gas within the State of Illinois shall,
4effective January 1, 1998, assess each of its customer accounts
5a monthly Energy Assistance Charge for the Supplemental
6Low-Income Energy Assistance Fund. The delivering public
7utility, municipal electric or gas utility, or electric or gas
8cooperative for a self-assessing purchaser remains subject to
9the collection of the fee imposed by this Section. The monthly
10charge shall be as follows:
11 (1) $0.48 per month on each account for residential
12 electric service;
13 (2) $0.48 per month on each account for residential gas
14 service;
15 (3) $4.80 per month on each account for non-residential
16 electric service which had less than 10 megawatts of peak
17 demand during the previous calendar year;
18 (4) $4.80 per month on each account for non-residential
19 gas service which had distributed to it less than 4,000,000
20 therms of gas during the previous calendar year;
21 (5) $360 per month on each account for non-residential
22 electric service which had 10 megawatts or greater of peak
23 demand during the previous calendar year; and
24 (6) $360 per month on each account for non-residential
25 gas service which had 4,000,000 or more therms of gas
26 distributed to it during the previous calendar year.

SB2884 Enrolled- 155 -LRB099 18144 RJF 42510 b
1 The incremental change to such charges imposed by this
2amendatory Act of the 96th General Assembly shall not (i) be
3used for any purpose other than to directly assist customers
4and (ii) be applicable to utilities serving less than 100,000
5customers in Illinois on January 1, 2009.
6 In addition, electric and gas utilities have committed, and
7shall contribute, a one-time payment of $22 million to the
8Fund, within 10 days after the effective date of the tariffs
9established pursuant to Sections 16-111.8 and 19-145 of the
10Public Utilities Act to be used for the Department's cost of
11implementing the programs described in Section 18 of this
12amendatory Act of the 96th General Assembly, the Arrearage
13Reduction Program described in Section 18, and the programs
14described in Section 8-105 of the Public Utilities Act. If a
15utility elects not to file a rider within 90 days after the
16effective date of this amendatory Act of the 96th General
17Assembly, then the contribution from such utility shall be made
18no later than February 1, 2010.
19 (c) For purposes of this Section:
20 (1) "residential electric service" means electric
21 utility service for household purposes delivered to a
22 dwelling of 2 or fewer units which is billed under a
23 residential rate, or electric utility service for
24 household purposes delivered to a dwelling unit or units
25 which is billed under a residential rate and is registered
26 by a separate meter for each dwelling unit;

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1 (2) "residential gas service" means gas utility
2 service for household purposes distributed to a dwelling of
3 2 or fewer units which is billed under a residential rate,
4 or gas utility service for household purposes distributed
5 to a dwelling unit or units which is billed under a
6 residential rate and is registered by a separate meter for
7 each dwelling unit;
8 (3) "non-residential electric service" means electric
9 utility service which is not residential electric service;
10 and
11 (4) "non-residential gas service" means gas utility
12 service which is not residential gas service.
13 (d) Within 30 days after the effective date of this
14amendatory Act of the 96th General Assembly, each public
15utility engaged in the delivery of electricity or the
16distribution of natural gas shall file with the Illinois
17Commerce Commission tariffs incorporating the Energy
18Assistance Charge in other charges stated in such tariffs,
19which shall become effective no later than the beginning of the
20first billing cycle following such filing.
21 (e) The Energy Assistance Charge assessed by electric and
22gas public utilities shall be considered a charge for public
23utility service.
24 (f) By the 20th day of the month following the month in
25which the charges imposed by the Section were collected, each
26public utility, municipal utility, and electric cooperative

SB2884 Enrolled- 157 -LRB099 18144 RJF 42510 b
1shall remit to the Department of Revenue all moneys received as
2payment of the Energy Assistance Charge on a return prescribed
3and furnished by the Department of Revenue showing such
4information as the Department of Revenue may reasonably
5require; provided, however, that a utility offering an
6Arrearage Reduction Program pursuant to Section 18 of this Act
7shall be entitled to net those amounts necessary to fund and
8recover the costs of such Program as authorized by that Section
9that is no more than the incremental change in such Energy
10Assistance Charge authorized by this amendatory Act of the 96th
11General Assembly. If a customer makes a partial payment, a
12public utility, municipal utility, or electric cooperative may
13elect either: (i) to apply such partial payments first to
14amounts owed to the utility or cooperative for its services and
15then to payment for the Energy Assistance Charge or (ii) to
16apply such partial payments on a pro-rata basis between amounts
17owed to the utility or cooperative for its services and to
18payment for the Energy Assistance Charge.
19 (g) The Department of Revenue shall deposit into the
20Supplemental Low-Income Energy Assistance Fund all moneys
21remitted to it in accordance with subsection (f) of this
22Section; provided, however, that the amounts remitted by each
23utility shall be used to provide assistance to that utility's
24customers. The utilities shall coordinate with the Department
25to establish an equitable and practical methodology for
26implementing this subsection (g) beginning with the 2010

SB2884 Enrolled- 158 -LRB099 18144 RJF 42510 b
1program year.
2 (h) On or before December 31, 2002, the Department shall
3prepare a report for the General Assembly on the expenditure of
4funds appropriated from the Low-Income Energy Assistance Block
5Grant Fund for the program authorized under Section 4 of this
6Act.
7 (i) The Department of Revenue may establish such rules as
8it deems necessary to implement this Section.
9 (j) The Department of Commerce and Economic Opportunity may
10establish such rules as it deems necessary to implement this
11Section.
12 (k) The charges imposed by this Section shall only apply to
13customers of municipal electric or gas utilities and electric
14or gas cooperatives if the municipal electric or gas utility or
15electric or gas cooperative makes an affirmative decision to
16impose the charge. If a municipal electric or gas utility or an
17electric cooperative makes an affirmative decision to impose
18the charge provided by this Section, the municipal electric or
19gas utility or electric cooperative shall inform the Department
20of Revenue in writing of such decision when it begins to impose
21the charge. If a municipal electric or gas utility or electric
22or gas cooperative does not assess this charge, the Department
23may not use funds from the Supplemental Low-Income Energy
24Assistance Fund to provide benefits to its customers under the
25program authorized by Section 4 of this Act.
26 In its use of federal funds under this Act, the Department

SB2884 Enrolled- 159 -LRB099 18144 RJF 42510 b
1may not cause a disproportionate share of those federal funds
2to benefit customers of systems which do not assess the charge
3provided by this Section.
4 This Section is repealed effective December 31, 2018 unless
5renewed by action of the General Assembly. The General Assembly
6shall consider the results of the evaluations described in
7Section 8 in its deliberations.
8(Source: P.A. 98-429, eff. 8-16-13; 99-457, eff. 1-1-16.)
9 (305 ILCS 20/15 rep.)
10 Section 5-145. The Energy Assistance Act is amended by
11repealing Section 15.
12 Section 5-150. The Environmental Protection Act is amended
13by changing Section 39.5 as follows:
14 (415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5)
15 Sec. 39.5. Clean Air Act Permit Program.
16 1. Definitions. For purposes of this Section:
17 "Administrative permit amendment" means a permit revision
18subject to subsection 13 of this Section.
19 "Affected source for acid deposition" means a source that
20includes one or more affected units under Title IV of the Clean
21Air Act.
22 "Affected States" for purposes of formal distribution of a
23draft CAAPP permit to other States for comments prior to

SB2884 Enrolled- 160 -LRB099 18144 RJF 42510 b
1issuance, means all States:
2 (1) Whose air quality may be affected by the source
3 covered by the draft permit and that are contiguous to
4 Illinois; or
5 (2) That are within 50 miles of the source.
6 "Affected unit for acid deposition" shall have the meaning
7given to the term "affected unit" in the regulations
8promulgated under Title IV of the Clean Air Act.
9 "Applicable Clean Air Act requirement" means all of the
10following as they apply to emissions units in a source
11(including regulations that have been promulgated or approved
12by USEPA pursuant to the Clean Air Act which directly impose
13requirements upon a source and other such federal requirements
14which have been adopted by the Board. These may include
15requirements and regulations which have future effective
16compliance dates. Requirements and regulations will be exempt
17if USEPA determines that such requirements need not be
18contained in a Title V permit):
19 (1) Any standard or other requirement provided for in
20 the applicable state implementation plan approved or
21 promulgated by USEPA under Title I of the Clean Air Act
22 that implements the relevant requirements of the Clean Air
23 Act, including any revisions to the state Implementation
24 Plan promulgated in 40 CFR Part 52, Subparts A and O and
25 other subparts applicable to Illinois. For purposes of this
26 paragraph (1) of this definition, "any standard or other

SB2884 Enrolled- 161 -LRB099 18144 RJF 42510 b
1 requirement" means only such standards or requirements
2 directly enforceable against an individual source under
3 the Clean Air Act.
4 (2)(i) Any term or condition of any preconstruction
5 permits issued pursuant to regulations approved or
6 promulgated by USEPA under Title I of the Clean Air
7 Act, including Part C or D of the Clean Air Act.
8 (ii) Any term or condition as required pursuant to
9 Section 39.5 of any federally enforceable State
10 operating permit issued pursuant to regulations
11 approved or promulgated by USEPA under Title I of the
12 Clean Air Act, including Part C or D of the Clean Air
13 Act.
14 (3) Any standard or other requirement under Section 111
15 of the Clean Air Act, including Section 111(d).
16 (4) Any standard or other requirement under Section 112
17 of the Clean Air Act, including any requirement concerning
18 accident prevention under Section 112(r)(7) of the Clean
19 Air Act.
20 (5) Any standard or other requirement of the acid rain
21 program under Title IV of the Clean Air Act or the
22 regulations promulgated thereunder.
23 (6) Any requirements established pursuant to Section
24 504(b) or Section 114(a)(3) of the Clean Air Act.
25 (7) Any standard or other requirement governing solid
26 waste incineration, under Section 129 of the Clean Air Act.

SB2884 Enrolled- 162 -LRB099 18144 RJF 42510 b
1 (8) Any standard or other requirement for consumer and
2 commercial products, under Section 183(e) of the Clean Air
3 Act.
4 (9) Any standard or other requirement for tank vessels,
5 under Section 183(f) of the Clean Air Act.
6 (10) Any standard or other requirement of the program
7 to control air pollution from Outer Continental Shelf
8 sources, under Section 328 of the Clean Air Act.
9 (11) Any standard or other requirement of the
10 regulations promulgated to protect stratospheric ozone
11 under Title VI of the Clean Air Act, unless USEPA has
12 determined that such requirements need not be contained in
13 a Title V permit.
14 (12) Any national ambient air quality standard or
15 increment or visibility requirement under Part C of Title I
16 of the Clean Air Act, but only as it would apply to
17 temporary sources permitted pursuant to Section 504(e) of
18 the Clean Air Act.
19 "Applicable requirement" means all applicable Clean Air
20Act requirements and any other standard, limitation, or other
21requirement contained in this Act or regulations promulgated
22under this Act as applicable to sources of air contaminants
23(including requirements that have future effective compliance
24dates).
25 "CAAPP" means the Clean Air Act Permit Program, developed
26pursuant to Title V of the Clean Air Act.

SB2884 Enrolled- 163 -LRB099 18144 RJF 42510 b
1 "CAAPP application" means an application for a CAAPP
2permit.
3 "CAAPP Permit" or "permit" (unless the context suggests
4otherwise) means any permit issued, renewed, amended, modified
5or revised pursuant to Title V of the Clean Air Act.
6 "CAAPP source" means any source for which the owner or
7operator is required to obtain a CAAPP permit pursuant to
8subsection 2 of this Section.
9 "Clean Air Act" means the Clean Air Act, as now and
10hereafter amended, 42 U.S.C. 7401, et seq.
11 "Designated representative" has the meaning given to it in
12Section 402(26) of the Clean Air Act and the regulations
13promulgated thereunder, which state that the term "designated
14representative" means a responsible person or official
15authorized by the owner or operator of a unit to represent the
16owner or operator in all matters pertaining to the holding,
17transfer, or disposition of allowances allocated to a unit, and
18the submission of and compliance with permits, permit
19applications, and compliance plans for the unit.
20 "Draft CAAPP permit" means the version of a CAAPP permit
21for which public notice and an opportunity for public comment
22and hearing is offered by the Agency.
23 "Effective date of the CAAPP" means the date that USEPA
24approves Illinois' CAAPP.
25 "Emission unit" means any part or activity of a stationary
26source that emits or has the potential to emit any air

SB2884 Enrolled- 164 -LRB099 18144 RJF 42510 b
1pollutant. This term is not meant to alter or affect the
2definition of the term "unit" for purposes of Title IV of the
3Clean Air Act.
4 "Federally enforceable" means enforceable by USEPA.
5 "Final permit action" means the Agency's granting with
6conditions, refusal to grant, renewal of, or revision of a
7CAAPP permit, the Agency's determination of incompleteness of a
8submitted CAAPP application, or the Agency's failure to act on
9an application for a permit, permit renewal, or permit revision
10within the time specified in subsection 13, subsection 14, or
11paragraph (j) of subsection 5 of this Section.
12 "General permit" means a permit issued to cover numerous
13similar sources in accordance with subsection 11 of this
14Section.
15 "Major source" means a source for which emissions of one or
16more air pollutants meet the criteria for major status pursuant
17to paragraph (c) of subsection 2 of this Section.
18 "Maximum achievable control technology" or "MACT" means
19the maximum degree of reductions in emissions deemed achievable
20under Section 112 of the Clean Air Act.
21 "Owner or operator" means any person who owns, leases,
22operates, controls, or supervises a stationary source.
23 "Permit modification" means a revision to a CAAPP permit
24that cannot be accomplished under the provisions for
25administrative permit amendments under subsection 13 of this
26Section.

SB2884 Enrolled- 165 -LRB099 18144 RJF 42510 b
1 "Permit revision" means a permit modification or
2administrative permit amendment.
3 "Phase II" means the period of the national acid rain
4program, established under Title IV of the Clean Air Act,
5beginning January 1, 2000, and continuing thereafter.
6 "Phase II acid rain permit" means the portion of a CAAPP
7permit issued, renewed, modified, or revised by the Agency
8during Phase II for an affected source for acid deposition.
9 "Potential to emit" means the maximum capacity of a
10stationary source to emit any air pollutant under its physical
11and operational design. Any physical or operational limitation
12on the capacity of a source to emit an air pollutant, including
13air pollution control equipment and restrictions on hours of
14operation or on the type or amount of material combusted,
15stored, or processed, shall be treated as part of its design if
16the limitation is enforceable by USEPA. This definition does
17not alter or affect the use of this term for any other purposes
18under the Clean Air Act, or the term "capacity factor" as used
19in Title IV of the Clean Air Act or the regulations promulgated
20thereunder.
21 "Preconstruction Permit" or "Construction Permit" means a
22permit which is to be obtained prior to commencing or beginning
23actual construction or modification of a source or emissions
24unit.
25 "Proposed CAAPP permit" means the version of a CAAPP permit
26that the Agency proposes to issue and forwards to USEPA for

SB2884 Enrolled- 166 -LRB099 18144 RJF 42510 b
1review in compliance with applicable requirements of the Act
2and regulations promulgated thereunder.
3 "Regulated air pollutant" means the following:
4 (1) Nitrogen oxides (NOx) or any volatile organic
5 compound.
6 (2) Any pollutant for which a national ambient air
7 quality standard has been promulgated.
8 (3) Any pollutant that is subject to any standard
9 promulgated under Section 111 of the Clean Air Act.
10 (4) Any Class I or II substance subject to a standard
11 promulgated under or established by Title VI of the Clean
12 Air Act.
13 (5) Any pollutant subject to a standard promulgated
14 under Section 112 or other requirements established under
15 Section 112 of the Clean Air Act, including Sections
16 112(g), (j) and (r).
17 (i) Any pollutant subject to requirements under
18 Section 112(j) of the Clean Air Act. Any pollutant
19 listed under Section 112(b) for which the subject
20 source would be major shall be considered to be
21 regulated 18 months after the date on which USEPA was
22 required to promulgate an applicable standard pursuant
23 to Section 112(e) of the Clean Air Act, if USEPA fails
24 to promulgate such standard.
25 (ii) Any pollutant for which the requirements of
26 Section 112(g)(2) of the Clean Air Act have been met,

SB2884 Enrolled- 167 -LRB099 18144 RJF 42510 b
1 but only with respect to the individual source subject
2 to Section 112(g)(2) requirement.
3 (6) Greenhouse gases.
4 "Renewal" means the process by which a permit is reissued
5at the end of its term.
6 "Responsible official" means one of the following:
7 (1) For a corporation: a president, secretary,
8 treasurer, or vice-president of the corporation in charge
9 of a principal business function, or any other person who
10 performs similar policy or decision-making functions for
11 the corporation, or a duly authorized representative of
12 such person if the representative is responsible for the
13 overall operation of one or more manufacturing,
14 production, or operating facilities applying for or
15 subject to a permit and either (i) the facilities employ
16 more than 250 persons or have gross annual sales or
17 expenditures exceeding $25 million (in second quarter 1980
18 dollars), or (ii) the delegation of authority to such
19 representative is approved in advance by the Agency.
20 (2) For a partnership or sole proprietorship: a general
21 partner or the proprietor, respectively, or in the case of
22 a partnership in which all of the partners are
23 corporations, a duly authorized representative of the
24 partnership if the representative is responsible for the
25 overall operation of one or more manufacturing,
26 production, or operating facilities applying for or

SB2884 Enrolled- 168 -LRB099 18144 RJF 42510 b
1 subject to a permit and either (i) the facilities employ
2 more than 250 persons or have gross annual sales or
3 expenditures exceeding $25 million (in second quarter 1980
4 dollars), or (ii) the delegation of authority to such
5 representative is approved in advance by the Agency.
6 (3) For a municipality, State, Federal, or other public
7 agency: either a principal executive officer or ranking
8 elected official. For the purposes of this part, a
9 principal executive officer of a Federal agency includes
10 the chief executive officer having responsibility for the
11 overall operations of a principal geographic unit of the
12 agency (e.g., a Regional Administrator of USEPA).
13 (4) For affected sources for acid deposition:
14 (i) The designated representative shall be the
15 "responsible official" in so far as actions,
16 standards, requirements, or prohibitions under Title
17 IV of the Clean Air Act or the regulations promulgated
18 thereunder are concerned.
19 (ii) The designated representative may also be the
20 "responsible official" for any other purposes with
21 respect to air pollution control.
22 "Section 502(b)(10) changes" means changes that contravene
23express permit terms. "Section 502(b)(10) changes" do not
24include changes that would violate applicable requirements or
25contravene federally enforceable permit terms or conditions
26that are monitoring (including test methods), recordkeeping,

SB2884 Enrolled- 169 -LRB099 18144 RJF 42510 b
1reporting, or compliance certification requirements.
2 "Solid waste incineration unit" means a distinct operating
3unit of any facility which combusts any solid waste material
4from commercial or industrial establishments or the general
5public (including single and multiple residences, hotels, and
6motels). The term does not include incinerators or other units
7required to have a permit under Section 3005 of the Solid Waste
8Disposal Act. The term also does not include (A) materials
9recovery facilities (including primary or secondary smelters)
10which combust waste for the primary purpose of recovering
11metals, (B) qualifying small power production facilities, as
12defined in Section 3(17)(C) of the Federal Power Act (16 U.S.C.
13769(17)(C)), or qualifying cogeneration facilities, as defined
14in Section 3(18)(B) of the Federal Power Act (16 U.S.C.
15796(18)(B)), which burn homogeneous waste (such as units which
16burn tires or used oil, but not including refuse-derived fuel)
17for the production of electric energy or in the case of
18qualifying cogeneration facilities which burn homogeneous
19waste for the production of electric energy and steam or forms
20of useful energy (such as heat) which are used for industrial,
21commercial, heating or cooling purposes, or (C) air curtain
22incinerators provided that such incinerators only burn wood
23wastes, yard waste and clean lumber and that such air curtain
24incinerators comply with opacity limitations to be established
25by the USEPA by rule.
26 "Source" means any stationary source (or any group of

SB2884 Enrolled- 170 -LRB099 18144 RJF 42510 b
1stationary sources) that is located on one or more contiguous
2or adjacent properties that are under common control of the
3same person (or persons under common control) and that belongs
4to a single major industrial grouping. For the purposes of
5defining "source," a stationary source or group of stationary
6sources shall be considered part of a single major industrial
7grouping if all of the pollutant emitting activities at such
8source or group of sources located on contiguous or adjacent
9properties and under common control belong to the same Major
10Group (i.e., all have the same two-digit code) as described in
11the Standard Industrial Classification Manual, 1987, or such
12pollutant emitting activities at a stationary source (or group
13of stationary sources) located on contiguous or adjacent
14properties and under common control constitute a support
15facility. The determination as to whether any group of
16stationary sources is located on contiguous or adjacent
17properties, and/or is under common control, and/or whether the
18pollutant emitting activities at such group of stationary
19sources constitute a support facility shall be made on a case
20by case basis.
21 "Stationary source" means any building, structure,
22facility, or installation that emits or may emit any regulated
23air pollutant or any pollutant listed under Section 112(b) of
24the Clean Air Act, except those emissions resulting directly
25from an internal combustion engine for transportation purposes
26or from a nonroad engine or nonroad vehicle as defined in

SB2884 Enrolled- 171 -LRB099 18144 RJF 42510 b
1Section 216 of the Clean Air Act.
2 "Subject to regulation" has the meaning given to it in 40
3CFR 70.2, as now or hereafter amended.
4 "Support facility" means any stationary source (or group of
5stationary sources) that conveys, stores, or otherwise assists
6to a significant extent in the production of a principal
7product at another stationary source (or group of stationary
8sources). A support facility shall be considered to be part of
9the same source as the stationary source (or group of
10stationary sources) that it supports regardless of the 2-digit
11Standard Industrial Classification code for the support
12facility.
13 "USEPA" means the Administrator of the United States
14Environmental Protection Agency (USEPA) or a person designated
15by the Administrator.
16 1.1. Exclusion From the CAAPP.
17 a. An owner or operator of a source which determines
18 that the source could be excluded from the CAAPP may seek
19 such exclusion prior to the date that the CAAPP application
20 for the source is due but in no case later than 9 months
21 after the effective date of the CAAPP through the
22 imposition of federally enforceable conditions limiting
23 the "potential to emit" of the source to a level below the
24 major source threshold for that source as described in
25 paragraph (c) of subsection 2 of this Section, within a

SB2884 Enrolled- 172 -LRB099 18144 RJF 42510 b
1 State operating permit issued pursuant to subsection (a) of
2 Section 39 of this Act. After such date, an exclusion from
3 the CAAPP may be sought under paragraph (c) of subsection 3
4 of this Section.
5 b. An owner or operator of a source seeking exclusion
6 from the CAAPP pursuant to paragraph (a) of this subsection
7 must submit a permit application consistent with the
8 existing State permit program which specifically requests
9 such exclusion through the imposition of such federally
10 enforceable conditions.
11 c. Upon such request, if the Agency determines that the
12 owner or operator of a source has met the requirements for
13 exclusion pursuant to paragraph (a) of this subsection and
14 other applicable requirements for permit issuance under
15 subsection (a) of Section 39 of this Act, the Agency shall
16 issue a State operating permit for such source under
17 subsection (a) of Section 39 of this Act, as amended, and
18 regulations promulgated thereunder with federally
19 enforceable conditions limiting the "potential to emit" of
20 the source to a level below the major source threshold for
21 that source as described in paragraph (c) of subsection 2
22 of this Section.
23 d. The Agency shall provide an owner or operator of a
24 source which may be excluded from the CAAPP pursuant to
25 this subsection with reasonable notice that the owner or
26 operator may seek such exclusion.

SB2884 Enrolled- 173 -LRB099 18144 RJF 42510 b
1 e. The Agency shall provide such sources with the
2 necessary permit application forms.
3 2. Applicability.
4 a. Sources subject to this Section shall include:
5 i. Any major source as defined in paragraph (c) of
6 this subsection.
7 ii. Any source subject to a standard or other
8 requirements promulgated under Section 111 (New Source
9 Performance Standards) or Section 112 (Hazardous Air
10 Pollutants) of the Clean Air Act, except that a source
11 is not required to obtain a permit solely because it is
12 subject to regulations or requirements under Section
13 112(r) of the Clean Air Act.
14 iii. Any affected source for acid deposition, as
15 defined in subsection 1 of this Section.
16 iv. Any other source subject to this Section under
17 the Clean Air Act or regulations promulgated
18 thereunder, or applicable Board regulations.
19 b. Sources exempted from this Section shall include:
20 i. All sources listed in paragraph (a) of this
21 subsection that are not major sources, affected
22 sources for acid deposition or solid waste
23 incineration units required to obtain a permit
24 pursuant to Section 129(e) of the Clean Air Act, until
25 the source is required to obtain a CAAPP permit

SB2884 Enrolled- 174 -LRB099 18144 RJF 42510 b
1 pursuant to the Clean Air Act or regulations
2 promulgated thereunder.
3 ii. Nonmajor sources subject to a standard or other
4 requirements subsequently promulgated by USEPA under
5 Section 111 or 112 of the Clean Air Act that are
6 determined by USEPA to be exempt at the time a new
7 standard is promulgated.
8 iii. All sources and source categories that would
9 be required to obtain a permit solely because they are
10 subject to Part 60, Subpart AAA - Standards of
11 Performance for New Residential Wood Heaters (40 CFR
12 Part 60).
13 iv. All sources and source categories that would be
14 required to obtain a permit solely because they are
15 subject to Part 61, Subpart M - National Emission
16 Standard for Hazardous Air Pollutants for Asbestos,
17 Section 61.145 (40 CFR Part 61).
18 v. Any other source categories exempted by USEPA
19 regulations pursuant to Section 502(a) of the Clean Air
20 Act.
21 vi. Major sources of greenhouse gas emissions
22 required to obtain a CAAPP permit under this Section if
23 any of the following occurs:
24 (A) enactment of federal legislation depriving
25 the Administrator of the USEPA of authority to
26 regulate greenhouse gases under the Clean Air Act;

SB2884 Enrolled- 175 -LRB099 18144 RJF 42510 b
1 (B) the issuance of any opinion, ruling,
2 judgment, order, or decree by a federal court
3 depriving the Administrator of the USEPA of
4 authority to regulate greenhouse gases under the
5 Clean Air Act; or
6 (C) action by the President of the United
7 States or the President's authorized agent,
8 including the Administrator of the USEPA, to
9 repeal or withdraw the Greenhouse Gas Tailoring
10 Rule (75 Fed. Reg. 31514, June 3, 2010).
11 If any event listed in this subparagraph (vi)
12 occurs, CAAPP permits issued after such event shall not
13 impose permit terms or conditions addressing
14 greenhouse gases during the effectiveness of any event
15 listed in subparagraph (vi). If any event listed in
16 this subparagraph (vi) occurs, any owner or operator
17 with a CAAPP permit that includes terms or conditions
18 addressing greenhouse gases may elect to submit an
19 application to the Agency to address a revision or
20 repeal of such terms or conditions. If any owner or
21 operator submits such an application, the Agency shall
22 expeditiously process the permit application in
23 accordance with applicable laws and regulations.
24 Nothing in this subparagraph (vi) shall relieve an
25 owner or operator of a source from the requirement to
26 obtain a CAAPP permit for its emissions of regulated

SB2884 Enrolled- 176 -LRB099 18144 RJF 42510 b
1 air pollutants other than greenhouse gases, as
2 required by this Section.
3 c. For purposes of this Section the term "major source"
4 means any source that is:
5 i. A major source under Section 112 of the Clean
6 Air Act, which is defined as:
7 A. For pollutants other than radionuclides,
8 any stationary source or group of stationary
9 sources located within a contiguous area and under
10 common control that emits or has the potential to
11 emit, in the aggregate, 10 tons per year (tpy) or
12 more of any hazardous air pollutant which has been
13 listed pursuant to Section 112(b) of the Clean Air
14 Act, 25 tpy or more of any combination of such
15 hazardous air pollutants, or such lesser quantity
16 as USEPA may establish by rule. Notwithstanding
17 the preceding sentence, emissions from any oil or
18 gas exploration or production well (with its
19 associated equipment) and emissions from any
20 pipeline compressor or pump station shall not be
21 aggregated with emissions from other similar
22 units, whether or not such units are in a
23 contiguous area or under common control, to
24 determine whether such stations are major sources.
25 B. For radionuclides, "major source" shall
26 have the meaning specified by the USEPA by rule.

SB2884 Enrolled- 177 -LRB099 18144 RJF 42510 b
1 ii. A major stationary source of air pollutants, as
2 defined in Section 302 of the Clean Air Act, that
3 directly emits or has the potential to emit, 100 tpy or
4 more of any air pollutant subject to regulation
5 (including any major source of fugitive emissions of
6 any such pollutant, as determined by rule by USEPA).
7 For purposes of this subsection, "fugitive emissions"
8 means those emissions which could not reasonably pass
9 through a stack, chimney, vent, or other
10 functionally-equivalent opening. The fugitive
11 emissions of a stationary source shall not be
12 considered in determining whether it is a major
13 stationary source for the purposes of Section 302(j) of
14 the Clean Air Act, unless the source belongs to one of
15 the following categories of stationary source:
16 A. Coal cleaning plants (with thermal dryers).
17 B. Kraft pulp mills.
18 C. Portland cement plants.
19 D. Primary zinc smelters.
20 E. Iron and steel mills.
21 F. Primary aluminum ore reduction plants.
22 G. Primary copper smelters.
23 H. Municipal incinerators capable of charging
24 more than 250 tons of refuse per day.
25 I. Hydrofluoric, sulfuric, or nitric acid
26 plants.

SB2884 Enrolled- 178 -LRB099 18144 RJF 42510 b
1 J. Petroleum refineries.
2 K. Lime plants.
3 L. Phosphate rock processing plants.
4 M. Coke oven batteries.
5 N. Sulfur recovery plants.
6 O. Carbon black plants (furnace process).
7 P. Primary lead smelters.
8 Q. Fuel conversion plants.
9 R. Sintering plants.
10 S. Secondary metal production plants.
11 T. Chemical process plants.
12 U. Fossil-fuel boilers (or combination
13 thereof) totaling more than 250 million British
14 thermal units per hour heat input.
15 V. Petroleum storage and transfer units with a
16 total storage capacity exceeding 300,000 barrels.
17 W. Taconite ore processing plants.
18 X. Glass fiber processing plants.
19 Y. Charcoal production plants.
20 Z. Fossil fuel-fired steam electric plants of
21 more than 250 million British thermal units per
22 hour heat input.
23 AA. All other stationary source categories,
24 which as of August 7, 1980 are being regulated by a
25 standard promulgated under Section 111 or 112 of
26 the Clean Air Act.

SB2884 Enrolled- 179 -LRB099 18144 RJF 42510 b
1 BB. Any other stationary source category
2 designated by USEPA by rule.
3 iii. A major stationary source as defined in part D
4 of Title I of the Clean Air Act including:
5 A. For ozone nonattainment areas, sources with
6 the potential to emit 100 tons or more per year of
7 volatile organic compounds or oxides of nitrogen
8 in areas classified as "marginal" or "moderate",
9 50 tons or more per year in areas classified as
10 "serious", 25 tons or more per year in areas
11 classified as "severe", and 10 tons or more per
12 year in areas classified as "extreme"; except that
13 the references in this clause to 100, 50, 25, and
14 10 tons per year of nitrogen oxides shall not apply
15 with respect to any source for which USEPA has made
16 a finding, under Section 182(f)(1) or (2) of the
17 Clean Air Act, that requirements otherwise
18 applicable to such source under Section 182(f) of
19 the Clean Air Act do not apply. Such sources shall
20 remain subject to the major source criteria of
21 subparagraph (ii) of paragraph (c) of this
22 subsection.
23 B. For ozone transport regions established
24 pursuant to Section 184 of the Clean Air Act,
25 sources with the potential to emit 50 tons or more
26 per year of volatile organic compounds (VOCs).

SB2884 Enrolled- 180 -LRB099 18144 RJF 42510 b
1 C. For carbon monoxide nonattainment areas (1)
2 that are classified as "serious", and (2) in which
3 stationary sources contribute significantly to
4 carbon monoxide levels as determined under rules
5 issued by USEPA, sources with the potential to emit
6 50 tons or more per year of carbon monoxide.
7 D. For particulate matter (PM-10)
8 nonattainment areas classified as "serious",
9 sources with the potential to emit 70 tons or more
10 per year of PM-10.
11 3. Agency Authority To Issue CAAPP Permits and Federally
12Enforceable State Operating Permits.
13 a. The Agency shall issue CAAPP permits under this
14 Section consistent with the Clean Air Act and regulations
15 promulgated thereunder and this Act and regulations
16 promulgated thereunder.
17 b. The Agency shall issue CAAPP permits for fixed terms
18 of 5 years, except CAAPP permits issued for solid waste
19 incineration units combusting municipal waste which shall
20 be issued for fixed terms of 12 years and except CAAPP
21 permits for affected sources for acid deposition which
22 shall be issued for initial terms to expire on December 31,
23 1999, and for fixed terms of 5 years thereafter.
24 c. The Agency shall have the authority to issue a State
25 operating permit for a source under subsection (a) of

SB2884 Enrolled- 181 -LRB099 18144 RJF 42510 b
1 Section 39 of this Act, as amended, and regulations
2 promulgated thereunder, which includes federally
3 enforceable conditions limiting the "potential to emit" of
4 the source to a level below the major source threshold for
5 that source as described in paragraph (c) of subsection 2
6 of this Section, thereby excluding the source from the
7 CAAPP, when requested by the applicant pursuant to
8 paragraph (u) of subsection 5 of this Section. The public
9 notice requirements of this Section applicable to CAAPP
10 permits shall also apply to the initial issuance of permits
11 under this paragraph.
12 d. For purposes of this Act, a permit issued by USEPA
13 under Section 505 of the Clean Air Act, as now and
14 hereafter amended, shall be deemed to be a permit issued by
15 the Agency pursuant to Section 39.5 of this Act.
16 4. Transition.
17 a. An owner or operator of a CAAPP source shall not be
18 required to renew an existing State operating permit for
19 any emission unit at such CAAPP source once a CAAPP
20 application timely submitted prior to expiration of the
21 State operating permit has been deemed complete. For
22 purposes other than permit renewal, the obligation upon the
23 owner or operator of a CAAPP source to obtain a State
24 operating permit is not removed upon submittal of the
25 complete CAAPP permit application. An owner or operator of

SB2884 Enrolled- 182 -LRB099 18144 RJF 42510 b
1 a CAAPP source seeking to make a modification to a source
2 prior to the issuance of its CAAPP permit shall be required
3 to obtain a construction permit, operating permit, or both
4 as required for such modification in accordance with the
5 State permit program under subsection (a) of Section 39 of
6 this Act, as amended, and regulations promulgated
7 thereunder. The application for such construction permit,
8 operating permit, or both shall be considered an amendment
9 to the CAAPP application submitted for such source.
10 b. An owner or operator of a CAAPP source shall
11 continue to operate in accordance with the terms and
12 conditions of its applicable State operating permit
13 notwithstanding the expiration of the State operating
14 permit until the source's CAAPP permit has been issued.
15 c. An owner or operator of a CAAPP source shall submit
16 its initial CAAPP application to the Agency no later than
17 12 months after the effective date of the CAAPP. The Agency
18 may request submittal of initial CAAPP applications during
19 this 12-month period according to a schedule set forth
20 within Agency procedures, however, in no event shall the
21 Agency require such submittal earlier than 3 months after
22 such effective date of the CAAPP. An owner or operator may
23 voluntarily submit its initial CAAPP application prior to
24 the date required within this paragraph or applicable
25 procedures, if any, subsequent to the date the Agency
26 submits the CAAPP to USEPA for approval.

SB2884 Enrolled- 183 -LRB099 18144 RJF 42510 b
1 d. The Agency shall act on initial CAAPP applications
2 in accordance with paragraph (j) of subsection 5 of this
3 Section.
4 e. For purposes of this Section, the term "initial
5 CAAPP application" shall mean the first CAAPP application
6 submitted for a source existing as of the effective date of
7 the CAAPP.
8 f. The Agency shall provide owners or operators of
9 CAAPP sources with at least 3 months advance notice of the
10 date on which their applications are required to be
11 submitted. In determining which sources shall be subject to
12 early submittal, the Agency shall include among its
13 considerations the complexity of the permit application,
14 and the burden that such early submittal will have on the
15 source.
16 g. The CAAPP permit shall upon becoming effective
17 supersede the State operating permit.
18 h. The Agency shall have the authority to adopt
19 procedural rules, in accordance with the Illinois
20 Administrative Procedure Act, as the Agency deems
21 necessary, to implement this subsection.
22 5. Applications and Completeness.
23 a. An owner or operator of a CAAPP source shall submit
24 its complete CAAPP application consistent with the Act and
25 applicable regulations.

SB2884 Enrolled- 184 -LRB099 18144 RJF 42510 b
1 b. An owner or operator of a CAAPP source shall submit
2 a single complete CAAPP application covering all emission
3 units at that source.
4 c. To be deemed complete, a CAAPP application must
5 provide all information, as requested in Agency
6 application forms, sufficient to evaluate the subject
7 source and its application and to determine all applicable
8 requirements, pursuant to the Clean Air Act, and
9 regulations thereunder, this Act and regulations
10 thereunder. Such Agency application forms shall be
11 finalized and made available prior to the date on which any
12 CAAPP application is required.
13 d. An owner or operator of a CAAPP source shall submit,
14 as part of its complete CAAPP application, a compliance
15 plan, including a schedule of compliance, describing how
16 each emission unit will comply with all applicable
17 requirements. Any such schedule of compliance shall be
18 supplemental to, and shall not sanction noncompliance
19 with, the applicable requirements on which it is based.
20 e. Each submitted CAAPP application shall be certified
21 for truth, accuracy, and completeness by a responsible
22 official in accordance with applicable regulations.
23 f. The Agency shall provide notice to a CAAPP applicant
24 as to whether a submitted CAAPP application is complete.
25 Unless the Agency notifies the applicant of
26 incompleteness, within 60 days after receipt of the CAAPP

SB2884 Enrolled- 185 -LRB099 18144 RJF 42510 b
1 application, the application shall be deemed complete. The
2 Agency may request additional information as needed to make
3 the completeness determination. The Agency may to the
4 extent practicable provide the applicant with a reasonable
5 opportunity to correct deficiencies prior to a final
6 determination of completeness.
7 g. If after the determination of completeness the
8 Agency finds that additional information is necessary to
9 evaluate or take final action on the CAAPP application, the
10 Agency may request in writing such information from the
11 source with a reasonable deadline for response.
12 h. If the owner or operator of a CAAPP source submits a
13 timely and complete CAAPP application, the source's
14 failure to have a CAAPP permit shall not be a violation of
15 this Section until the Agency takes final action on the
16 submitted CAAPP application, provided, however, where the
17 applicant fails to submit the requested information under
18 paragraph (g) of this subsection 5 within the time frame
19 specified by the Agency, this protection shall cease to
20 apply.
21 i. Any applicant who fails to submit any relevant facts
22 necessary to evaluate the subject source and its CAAPP
23 application or who has submitted incorrect information in a
24 CAAPP application shall, upon becoming aware of such
25 failure or incorrect submittal, submit supplementary facts
26 or correct information to the Agency. In addition, an

SB2884 Enrolled- 186 -LRB099 18144 RJF 42510 b
1 applicant shall provide to the Agency additional
2 information as necessary to address any requirements which
3 become applicable to the source subsequent to the date the
4 applicant submitted its complete CAAPP application but
5 prior to release of the draft CAAPP permit.
6 j. The Agency shall issue or deny the CAAPP permit
7 within 18 months after the date of receipt of the complete
8 CAAPP application, with the following exceptions: (i)
9 permits for affected sources for acid deposition shall be
10 issued or denied within 6 months after receipt of a
11 complete application in accordance with subsection 17 of
12 this Section; (ii) the Agency shall act on initial CAAPP
13 applications within 24 months after the date of receipt of
14 the complete CAAPP application; (iii) the Agency shall act
15 on complete applications containing early reduction
16 demonstrations under Section 112(i)(5) of the Clean Air Act
17 within 9 months of receipt of the complete CAAPP
18 application.
19 Where the Agency does not take final action on the
20 permit within the required time period, the permit shall
21 not be deemed issued; rather, the failure to act shall be
22 treated as a final permit action for purposes of judicial
23 review pursuant to Sections 40.2 and 41 of this Act.
24 k. The submittal of a complete CAAPP application shall
25 not affect the requirement that any source have a
26 preconstruction permit under Title I of the Clean Air Act.

SB2884 Enrolled- 187 -LRB099 18144 RJF 42510 b
1 l. Unless a timely and complete renewal application has
2 been submitted consistent with this subsection, a CAAPP
3 source operating upon the expiration of its CAAPP permit
4 shall be deemed to be operating without a CAAPP permit.
5 Such operation is prohibited under this Act.
6 m. Permits being renewed shall be subject to the same
7 procedural requirements, including those for public
8 participation and federal review and objection, that apply
9 to original permit issuance.
10 n. For purposes of permit renewal, a timely application
11 is one that is submitted no less than 9 months prior to the
12 date of permit expiration.
13 o. The terms and conditions of a CAAPP permit shall
14 remain in effect until the issuance of a CAAPP renewal
15 permit provided a timely and complete CAAPP application has
16 been submitted.
17 p. The owner or operator of a CAAPP source seeking a
18 permit shield pursuant to paragraph (j) of subsection 7 of
19 this Section shall request such permit shield in the CAAPP
20 application regarding that source.
21 q. The Agency shall make available to the public all
22 documents submitted by the applicant to the Agency,
23 including each CAAPP application, compliance plan
24 (including the schedule of compliance), and emissions or
25 compliance monitoring report, with the exception of
26 information entitled to confidential treatment pursuant to

SB2884 Enrolled- 188 -LRB099 18144 RJF 42510 b
1 Section 7 of this Act.
2 r. The Agency shall use the standardized forms required
3 under Title IV of the Clean Air Act and regulations
4 promulgated thereunder for affected sources for acid
5 deposition.
6 s. An owner or operator of a CAAPP source may include
7 within its CAAPP application a request for permission to
8 operate during a startup, malfunction, or breakdown
9 consistent with applicable Board regulations.
10 t. An owner or operator of a CAAPP source, in order to
11 utilize the operational flexibility provided under
12 paragraph (l) of subsection 7 of this Section, must request
13 such use and provide the necessary information within its
14 CAAPP application.
15 u. An owner or operator of a CAAPP source which seeks
16 exclusion from the CAAPP through the imposition of
17 federally enforceable conditions, pursuant to paragraph
18 (c) of subsection 3 of this Section, must request such
19 exclusion within a CAAPP application submitted consistent
20 with this subsection on or after the date that the CAAPP
21 application for the source is due. Prior to such date, but
22 in no case later than 9 months after the effective date of
23 the CAAPP, such owner or operator may request the
24 imposition of federally enforceable conditions pursuant to
25 paragraph (b) of subsection 1.1 of this Section.
26 v. CAAPP applications shall contain accurate

SB2884 Enrolled- 189 -LRB099 18144 RJF 42510 b
1 information on allowable emissions to implement the fee
2 provisions of subsection 18 of this Section.
3 w. An owner or operator of a CAAPP source shall submit
4 within its CAAPP application emissions information
5 regarding all regulated air pollutants emitted at that
6 source consistent with applicable Agency procedures.
7 Emissions information regarding insignificant activities
8 or emission levels, as determined by the Agency pursuant to
9 Board regulations, may be submitted as a list within the
10 CAAPP application. The Agency shall propose regulations to
11 the Board defining insignificant activities or emission
12 levels, consistent with federal regulations, if any, no
13 later than 18 months after the effective date of this
14 amendatory Act of 1992, consistent with Section 112(n)(1)
15 of the Clean Air Act. The Board shall adopt final
16 regulations defining insignificant activities or emission
17 levels no later than 9 months after the date of the
18 Agency's proposal.
19 x. The owner or operator of a new CAAPP source shall
20 submit its complete CAAPP application consistent with this
21 subsection within 12 months after commencing operation of
22 such source. The owner or operator of an existing source
23 that has been excluded from the provisions of this Section
24 under subsection 1.1 or paragraph (c) of subsection 3 of
25 this Section and that becomes subject to the CAAPP solely
26 due to a change in operation at the source shall submit its

SB2884 Enrolled- 190 -LRB099 18144 RJF 42510 b
1 complete CAAPP application consistent with this subsection
2 at least 180 days before commencing operation in accordance
3 with the change in operation.
4 y. The Agency shall have the authority to adopt
5 procedural rules, in accordance with the Illinois
6 Administrative Procedure Act, as the Agency deems
7 necessary to implement this subsection.
8 6. Prohibitions.
9 a. It shall be unlawful for any person to violate any
10 terms or conditions of a permit issued under this Section,
11 to operate any CAAPP source except in compliance with a
12 permit issued by the Agency under this Section or to
13 violate any other applicable requirements. All terms and
14 conditions of a permit issued under this Section are
15 enforceable by USEPA and citizens under the Clean Air Act,
16 except those, if any, that are specifically designated as
17 not being federally enforceable in the permit pursuant to
18 paragraph (m) of subsection 7 of this Section.
19 b. After the applicable CAAPP permit or renewal
20 application submittal date, as specified in subsection 5 of
21 this Section, no person shall operate a CAAPP source
22 without a CAAPP permit unless the complete CAAPP permit or
23 renewal application for such source has been timely
24 submitted to the Agency.
25 c. No owner or operator of a CAAPP source shall cause

SB2884 Enrolled- 191 -LRB099 18144 RJF 42510 b
1 or threaten or allow the continued operation of an emission
2 source during malfunction or breakdown of the emission
3 source or related air pollution control equipment if such
4 operation would cause a violation of the standards or
5 limitations applicable to the source, unless the CAAPP
6 permit granted to the source provides for such operation
7 consistent with this Act and applicable Board regulations.
8 7. Permit Content.
9 a. All CAAPP permits shall contain emission
10 limitations and standards and other enforceable terms and
11 conditions, including but not limited to operational
12 requirements, and schedules for achieving compliance at
13 the earliest reasonable date, which are or will be required
14 to accomplish the purposes and provisions of this Act and
15 to assure compliance with all applicable requirements.
16 b. The Agency shall include among such conditions
17 applicable monitoring, reporting, record keeping and
18 compliance certification requirements, as authorized by
19 paragraphs (d), (e), and (f) of this subsection, that the
20 Agency deems necessary to assure compliance with the Clean
21 Air Act, the regulations promulgated thereunder, this Act,
22 and applicable Board regulations. When monitoring,
23 reporting, record keeping, and compliance certification
24 requirements are specified within the Clean Air Act,
25 regulations promulgated thereunder, this Act, or

SB2884 Enrolled- 192 -LRB099 18144 RJF 42510 b
1 applicable regulations, such requirements shall be
2 included within the CAAPP permit. The Board shall have
3 authority to promulgate additional regulations where
4 necessary to accomplish the purposes of the Clean Air Act,
5 this Act, and regulations promulgated thereunder.
6 c. The Agency shall assure, within such conditions, the
7 use of terms, test methods, units, averaging periods, and
8 other statistical conventions consistent with the
9 applicable emission limitations, standards, and other
10 requirements contained in the permit.
11 d. To meet the requirements of this subsection with
12 respect to monitoring, the permit shall:
13 i. Incorporate and identify all applicable
14 emissions monitoring and analysis procedures or test
15 methods required under the Clean Air Act, regulations
16 promulgated thereunder, this Act, and applicable Board
17 regulations, including any procedures and methods
18 promulgated by USEPA pursuant to Section 504(b) or
19 Section 114 (a)(3) of the Clean Air Act.
20 ii. Where the applicable requirement does not
21 require periodic testing or instrumental or
22 noninstrumental monitoring (which may consist of
23 recordkeeping designed to serve as monitoring),
24 require periodic monitoring sufficient to yield
25 reliable data from the relevant time period that is
26 representative of the source's compliance with the

SB2884 Enrolled- 193 -LRB099 18144 RJF 42510 b
1 permit, as reported pursuant to paragraph (f) of this
2 subsection. The Agency may determine that
3 recordkeeping requirements are sufficient to meet the
4 requirements of this subparagraph.
5 iii. As necessary, specify requirements concerning
6 the use, maintenance, and when appropriate,
7 installation of monitoring equipment or methods.
8 e. To meet the requirements of this subsection with
9 respect to record keeping, the permit shall incorporate and
10 identify all applicable recordkeeping requirements and
11 require, where applicable, the following:
12 i. Records of required monitoring information that
13 include the following:
14 A. The date, place and time of sampling or
15 measurements.
16 B. The date(s) analyses were performed.
17 C. The company or entity that performed the
18 analyses.
19 D. The analytical techniques or methods used.
20 E. The results of such analyses.
21 F. The operating conditions as existing at the
22 time of sampling or measurement.
23 ii. Retention of records of all monitoring data and
24 support information for a period of at least 5 years
25 from the date of the monitoring sample, measurement,
26 report, or application. Support information includes

SB2884 Enrolled- 194 -LRB099 18144 RJF 42510 b
1 all calibration and maintenance records, original
2 strip-chart recordings for continuous monitoring
3 instrumentation, and copies of all reports required by
4 the permit.
5 f. To meet the requirements of this subsection with
6 respect to reporting, the permit shall incorporate and
7 identify all applicable reporting requirements and require
8 the following:
9 i. Submittal of reports of any required monitoring
10 every 6 months. More frequent submittals may be
11 requested by the Agency if such submittals are
12 necessary to assure compliance with this Act or
13 regulations promulgated by the Board thereunder. All
14 instances of deviations from permit requirements must
15 be clearly identified in such reports. All required
16 reports must be certified by a responsible official
17 consistent with subsection 5 of this Section.
18 ii. Prompt reporting of deviations from permit
19 requirements, including those attributable to upset
20 conditions as defined in the permit, the probable cause
21 of such deviations, and any corrective actions or
22 preventive measures taken.
23 g. Each CAAPP permit issued under subsection 10 of this
24 Section shall include a condition prohibiting emissions
25 exceeding any allowances that the source lawfully holds
26 under Title IV of the Clean Air Act or the regulations

SB2884 Enrolled- 195 -LRB099 18144 RJF 42510 b
1 promulgated thereunder, consistent with subsection 17 of
2 this Section and applicable regulations, if any.
3 h. All CAAPP permits shall state that, where another
4 applicable requirement of the Clean Air Act is more
5 stringent than any applicable requirement of regulations
6 promulgated under Title IV of the Clean Air Act, both
7 provisions shall be incorporated into the permit and shall
8 be State and federally enforceable.
9 i. Each CAAPP permit issued under subsection 10 of this
10 Section shall include a severability clause to ensure the
11 continued validity of the various permit requirements in
12 the event of a challenge to any portions of the permit.
13 j. The following shall apply with respect to owners or
14 operators requesting a permit shield:
15 i. The Agency shall include in a CAAPP permit, when
16 requested by an applicant pursuant to paragraph (p) of
17 subsection 5 of this Section, a provision stating that
18 compliance with the conditions of the permit shall be
19 deemed compliance with applicable requirements which
20 are applicable as of the date of release of the
21 proposed permit, provided that:
22 A. The applicable requirement is specifically
23 identified within the permit; or
24 B. The Agency in acting on the CAAPP
25 application or revision determines in writing that
26 other requirements specifically identified are not

SB2884 Enrolled- 196 -LRB099 18144 RJF 42510 b
1 applicable to the source, and the permit includes
2 that determination or a concise summary thereof.
3 ii. The permit shall identify the requirements for
4 which the source is shielded. The shield shall not
5 extend to applicable requirements which are
6 promulgated after the date of release of the proposed
7 permit unless the permit has been modified to reflect
8 such new requirements.
9 iii. A CAAPP permit which does not expressly
10 indicate the existence of a permit shield shall not
11 provide such a shield.
12 iv. Nothing in this paragraph or in a CAAPP permit
13 shall alter or affect the following:
14 A. The provisions of Section 303 (emergency
15 powers) of the Clean Air Act, including USEPA's
16 authority under that section.
17 B. The liability of an owner or operator of a
18 source for any violation of applicable
19 requirements prior to or at the time of permit
20 issuance.
21 C. The applicable requirements of the acid
22 rain program consistent with Section 408(a) of the
23 Clean Air Act.
24 D. The ability of USEPA to obtain information
25 from a source pursuant to Section 114
26 (inspections, monitoring, and entry) of the Clean

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1 Air Act.
2 k. Each CAAPP permit shall include an emergency
3 provision providing an affirmative defense of emergency to
4 an action brought for noncompliance with technology-based
5 emission limitations under a CAAPP permit if the following
6 conditions are met through properly signed,
7 contemporaneous operating logs, or other relevant
8 evidence:
9 i. An emergency occurred and the permittee can
10 identify the cause(s) of the emergency.
11 ii. The permitted facility was at the time being
12 properly operated.
13 iii. The permittee submitted notice of the
14 emergency to the Agency within 2 working days after the
15 time when emission limitations were exceeded due to the
16 emergency. This notice must contain a detailed
17 description of the emergency, any steps taken to
18 mitigate emissions, and corrective actions taken.
19 iv. During the period of the emergency the
20 permittee took all reasonable steps to minimize levels
21 of emissions that exceeded the emission limitations,
22 standards, or requirements in the permit.
23 For purposes of this subsection, "emergency" means any
24 situation arising from sudden and reasonably unforeseeable
25 events beyond the control of the source, such as an act of
26 God, that requires immediate corrective action to restore

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1 normal operation, and that causes the source to exceed a
2 technology-based emission limitation under the permit, due
3 to unavoidable increases in emissions attributable to the
4 emergency. An emergency shall not include noncompliance to
5 the extent caused by improperly designed equipment, lack of
6 preventative maintenance, careless or improper operation,
7 or operation error.
8 In any enforcement proceeding, the permittee seeking
9 to establish the occurrence of an emergency has the burden
10 of proof. This provision is in addition to any emergency or
11 upset provision contained in any applicable requirement.
12 This provision does not relieve a permittee of any
13 reporting obligations under existing federal or state laws
14 or regulations.
15 l. The Agency shall include in each permit issued under
16 subsection 10 of this Section:
17 i. Terms and conditions for reasonably anticipated
18 operating scenarios identified by the source in its
19 application. The permit terms and conditions for each
20 such operating scenario shall meet all applicable
21 requirements and the requirements of this Section.
22 A. Under this subparagraph, the source must
23 record in a log at the permitted facility a record
24 of the scenario under which it is operating
25 contemporaneously with making a change from one
26 operating scenario to another.

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1 B. The permit shield described in paragraph
2 (j) of subsection 7 of this Section shall extend to
3 all terms and conditions under each such operating
4 scenario.
5 ii. Where requested by an applicant, all terms and
6 conditions allowing for trading of emissions increases
7 and decreases between different emission units at the
8 CAAPP source, to the extent that the applicable
9 requirements provide for trading of such emissions
10 increases and decreases without a case-by-case
11 approval of each emissions trade. Such terms and
12 conditions:
13 A. Shall include all terms required under this
14 subsection to determine compliance;
15 B. Must meet all applicable requirements;
16 C. Shall extend the permit shield described in
17 paragraph (j) of subsection 7 of this Section to
18 all terms and conditions that allow such increases
19 and decreases in emissions.
20 m. The Agency shall specifically designate as not being
21 federally enforceable under the Clean Air Act any terms and
22 conditions included in the permit that are not specifically
23 required under the Clean Air Act or federal regulations
24 promulgated thereunder. Terms or conditions so designated
25 shall be subject to all applicable state requirements,
26 except the requirements of subsection 7 (other than this

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1 paragraph, paragraph q of subsection 7, subsections 8
2 through 11, and subsections 13 through 16 of this Section.
3 The Agency shall, however, include such terms and
4 conditions in the CAAPP permit issued to the source.
5 n. Each CAAPP permit issued under subsection 10 of this
6 Section shall specify and reference the origin of and
7 authority for each term or condition, and identify any
8 difference in form as compared to the applicable
9 requirement upon which the term or condition is based.
10 o. Each CAAPP permit issued under subsection 10 of this
11 Section shall include provisions stating the following:
12 i. Duty to comply. The permittee must comply with
13 all terms and conditions of the CAAPP permit. Any
14 permit noncompliance constitutes a violation of the
15 Clean Air Act and the Act, and is grounds for any or
16 all of the following: enforcement action; permit
17 termination, revocation and reissuance, or
18 modification; or denial of a permit renewal
19 application.
20 ii. Need to halt or reduce activity not a defense.
21 It shall not be a defense for a permittee in an
22 enforcement action that it would have been necessary to
23 halt or reduce the permitted activity in order to
24 maintain compliance with the conditions of this
25 permit.
26 iii. Permit actions. The permit may be modified,

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1 revoked, reopened, and reissued, or terminated for
2 cause in accordance with the applicable subsections of
3 Section 39.5 of this Act. The filing of a request by
4 the permittee for a permit modification, revocation
5 and reissuance, or termination, or of a notification of
6 planned changes or anticipated noncompliance does not
7 stay any permit condition.
8 iv. Property rights. The permit does not convey any
9 property rights of any sort, or any exclusive
10 privilege.
11 v. Duty to provide information. The permittee
12 shall furnish to the Agency within a reasonable time
13 specified by the Agency any information that the Agency
14 may request in writing to determine whether cause
15 exists for modifying, revoking and reissuing, or
16 terminating the permit or to determine compliance with
17 the permit. Upon request, the permittee shall also
18 furnish to the Agency copies of records required to be
19 kept by the permit or, for information claimed to be
20 confidential, the permittee may furnish such records
21 directly to USEPA along with a claim of
22 confidentiality.
23 vi. Duty to pay fees. The permittee must pay fees
24 to the Agency consistent with the fee schedule approved
25 pursuant to subsection 18 of this Section, and submit
26 any information relevant thereto.

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1 vii. Emissions trading. No permit revision shall
2 be required for increases in emissions allowed under
3 any approved economic incentives, marketable permits,
4 emissions trading, and other similar programs or
5 processes for changes that are provided for in the
6 permit and that are authorized by the applicable
7 requirement.
8 p. Each CAAPP permit issued under subsection 10 of this
9 Section shall contain the following elements with respect
10 to compliance:
11 i. Compliance certification, testing, monitoring,
12 reporting, and record keeping requirements sufficient
13 to assure compliance with the terms and conditions of
14 the permit. Any document (including reports) required
15 by a CAAPP permit shall contain a certification by a
16 responsible official that meets the requirements of
17 subsection 5 of this Section and applicable
18 regulations.
19 ii. Inspection and entry requirements that
20 necessitate that, upon presentation of credentials and
21 other documents as may be required by law and in
22 accordance with constitutional limitations, the
23 permittee shall allow the Agency, or an authorized
24 representative to perform the following:
25 A. Enter upon the permittee's premises where a
26 CAAPP source is located or emissions-related

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1 activity is conducted, or where records must be
2 kept under the conditions of the permit.
3 B. Have access to and copy, at reasonable
4 times, any records that must be kept under the
5 conditions of the permit.
6 C. Inspect at reasonable times any facilities,
7 equipment (including monitoring and air pollution
8 control equipment), practices, or operations
9 regulated or required under the permit.
10 D. Sample or monitor any substances or
11 parameters at any location:
12 1. As authorized by the Clean Air Act, at
13 reasonable times, for the purposes of assuring
14 compliance with the CAAPP permit or applicable
15 requirements; or
16 2. As otherwise authorized by this Act.
17 iii. A schedule of compliance consistent with
18 subsection 5 of this Section and applicable
19 regulations.
20 iv. Progress reports consistent with an applicable
21 schedule of compliance pursuant to paragraph (d) of
22 subsection 5 of this Section and applicable
23 regulations to be submitted semiannually, or more
24 frequently if the Agency determines that such more
25 frequent submittals are necessary for compliance with
26 the Act or regulations promulgated by the Board

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1 thereunder. Such progress reports shall contain the
2 following:
3 A. Required dates for achieving the
4 activities, milestones, or compliance required by
5 the schedule of compliance and dates when such
6 activities, milestones or compliance were
7 achieved.
8 B. An explanation of why any dates in the
9 schedule of compliance were not or will not be met,
10 and any preventive or corrective measures adopted.
11 v. Requirements for compliance certification with
12 terms and conditions contained in the permit,
13 including emission limitations, standards, or work
14 practices. Permits shall include each of the
15 following:
16 A. The frequency (annually or more frequently
17 as specified in any applicable requirement or by
18 the Agency pursuant to written procedures) of
19 submissions of compliance certifications.
20 B. A means for assessing or monitoring the
21 compliance of the source with its emissions
22 limitations, standards, and work practices.
23 C. A requirement that the compliance
24 certification include the following:
25 1. The identification of each term or
26 condition contained in the permit that is the

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1 basis of the certification.
2 2. The compliance status.
3 3. Whether compliance was continuous or
4 intermittent.
5 4. The method(s) used for determining the
6 compliance status of the source, both
7 currently and over the reporting period
8 consistent with subsection 7 of this Section.
9 D. A requirement that all compliance
10 certifications be submitted to USEPA as well as to
11 the Agency.
12 E. Additional requirements as may be specified
13 pursuant to Sections 114(a)(3) and 504(b) of the
14 Clean Air Act.
15 F. Other provisions as the Agency may require.
16 q. If the owner or operator of CAAPP source can
17 demonstrate in its CAAPP application, including an
18 application for a significant modification, that an
19 alternative emission limit would be equivalent to that
20 contained in the applicable Board regulations, the Agency
21 shall include the alternative emission limit in the CAAPP
22 permit, which shall supersede the emission limit set forth
23 in the applicable Board regulations, and shall include
24 conditions that insure that the resulting emission limit is
25 quantifiable, accountable, enforceable, and based on
26 replicable procedures.

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1 8. Public Notice; Affected State Review.
2 a. The Agency shall provide notice to the public,
3 including an opportunity for public comment and a hearing,
4 on each draft CAAPP permit for issuance, renewal or
5 significant modification, subject to Section 7.1 and
6 subsection (a) of Section 7 of this Act.
7 b. The Agency shall prepare a draft CAAPP permit and a
8 statement that sets forth the legal and factual basis for
9 the draft CAAPP permit conditions, including references to
10 the applicable statutory or regulatory provisions. The
11 Agency shall provide this statement to any person who
12 requests it.
13 c. The Agency shall give notice of each draft CAAPP
14 permit to the applicant and to any affected State on or
15 before the time that the Agency has provided notice to the
16 public, except as otherwise provided in this Act.
17 d. The Agency, as part of its submittal of a proposed
18 permit to USEPA (or as soon as possible after the submittal
19 for minor permit modification procedures allowed under
20 subsection 14 of this Section), shall notify USEPA and any
21 affected State in writing of any refusal of the Agency to
22 accept all of the recommendations for the proposed permit
23 that an affected State submitted during the public or
24 affected State review period. The notice shall include the
25 Agency's reasons for not accepting the recommendations.
26 The Agency is not required to accept recommendations that

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1 are not based on applicable requirements or the
2 requirements of this Section.
3 e. The Agency shall make available to the public any
4 CAAPP permit application, compliance plan (including the
5 schedule of compliance), CAAPP permit, and emissions or
6 compliance monitoring report. If an owner or operator of a
7 CAAPP source is required to submit information entitled to
8 protection from disclosure under Section 7.1 and
9 subsection (a) of Section 7 of this Act, the owner or
10 operator shall submit such information separately. The
11 requirements of Section 7.1 and subsection (a) of Section 7
12 of this Act shall apply to such information, which shall
13 not be included in a CAAPP permit unless required by law.
14 The contents of a CAAPP permit shall not be entitled to
15 protection under Section 7.1 and subsection (a) of Section
16 7 of this Act.
17 f. The Agency shall have the authority to adopt
18 procedural rules, in accordance with the Illinois
19 Administrative Procedure Act, as the Agency deems
20 necessary, to implement this subsection.
21 g. If requested by the permit applicant, the Agency
22 shall provide the permit applicant with a copy of the draft
23 CAAPP permit prior to any public review period. If
24 requested by the permit applicant, the Agency shall provide
25 the permit applicant with a copy of the final CAAPP permit
26 prior to issuance of the CAAPP permit.

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1 9. USEPA Notice and Objection.
2 a. The Agency shall provide to USEPA for its review a
3 copy of each CAAPP application (including any application
4 for permit modification), statement of basis as provided in
5 paragraph (b) of subsection 8 of this Section, proposed
6 CAAPP permit, CAAPP permit, and, if the Agency does not
7 incorporate any affected State's recommendations on a
8 proposed CAAPP permit, a written statement of this decision
9 and its reasons for not accepting the recommendations,
10 except as otherwise provided in this Act or by agreement
11 with USEPA. To the extent practicable, the preceding
12 information shall be provided in computer readable format
13 compatible with USEPA's national database management
14 system.
15 b. The Agency shall not issue the proposed CAAPP permit
16 if USEPA objects in writing within 45 days after receipt of
17 the proposed CAAPP permit and all necessary supporting
18 information.
19 c. If USEPA objects in writing to the issuance of the
20 proposed CAAPP permit within the 45-day period, the Agency
21 shall respond in writing and may revise and resubmit the
22 proposed CAAPP permit in response to the stated objection,
23 to the extent supported by the record, within 90 days after
24 the date of the objection. Prior to submitting a revised
25 permit to USEPA, the Agency shall provide the applicant and

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1 any person who participated in the public comment process,
2 pursuant to subsection 8 of this Section, with a 10-day
3 period to comment on any revision which the Agency is
4 proposing to make to the permit in response to USEPA's
5 objection in accordance with Agency procedures.
6 d. Any USEPA objection under this subsection,
7 according to the Clean Air Act, will include a statement of
8 reasons for the objection and a description of the terms
9 and conditions that must be in the permit, in order to
10 adequately respond to the objections. Grounds for a USEPA
11 objection include the failure of the Agency to: (1) submit
12 the items and notices required under this subsection; (2)
13 submit any other information necessary to adequately
14 review the proposed CAAPP permit; or (3) process the permit
15 under subsection 8 of this Section except for minor permit
16 modifications.
17 e. If USEPA does not object in writing to issuance of a
18 permit under this subsection, any person may petition USEPA
19 within 60 days after expiration of the 45-day review period
20 to make such objection.
21 f. If the permit has not yet been issued and USEPA
22 objects to the permit as a result of a petition, the Agency
23 shall not issue the permit until USEPA's objection has been
24 resolved. The Agency shall provide a 10-day comment period
25 in accordance with paragraph c of this subsection. A
26 petition does not, however, stay the effectiveness of a

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1 permit or its requirements if the permit was issued after
2 expiration of the 45-day review period and prior to a USEPA
3 objection.
4 g. If the Agency has issued a permit after expiration
5 of the 45-day review period and prior to receipt of a USEPA
6 objection under this subsection in response to a petition
7 submitted pursuant to paragraph e of this subsection, the
8 Agency may, upon receipt of an objection from USEPA, revise
9 and resubmit the permit to USEPA pursuant to this
10 subsection after providing a 10-day comment period in
11 accordance with paragraph c of this subsection. If the
12 Agency fails to submit a revised permit in response to the
13 objection, USEPA shall modify, terminate or revoke the
14 permit. In any case, the source will not be in violation of
15 the requirement to have submitted a timely and complete
16 application.
17 h. The Agency shall have the authority to adopt
18 procedural rules, in accordance with the Illinois
19 Administrative Procedure Act, as the Agency deems
20 necessary, to implement this subsection.
21 10. Final Agency Action.
22 a. The Agency shall issue a CAAPP permit, permit
23 modification, or permit renewal if all of the following
24 conditions are met:
25 i. The applicant has submitted a complete and

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1 certified application for a permit, permit
2 modification, or permit renewal consistent with
3 subsections 5 and 14 of this Section, as applicable,
4 and applicable regulations.
5 ii. The applicant has submitted with its complete
6 application an approvable compliance plan, including a
7 schedule for achieving compliance, consistent with
8 subsection 5 of this Section and applicable
9 regulations.
10 iii. The applicant has timely paid the fees
11 required pursuant to subsection 18 of this Section and
12 applicable regulations.
13 iv. The Agency has received a complete CAAPP
14 application and, if necessary, has requested and
15 received additional information from the applicant
16 consistent with subsection 5 of this Section and
17 applicable regulations.
18 v. The Agency has complied with all applicable
19 provisions regarding public notice and affected State
20 review consistent with subsection 8 of this Section and
21 applicable regulations.
22 vi. The Agency has provided a copy of each CAAPP
23 application, or summary thereof, pursuant to agreement
24 with USEPA and proposed CAAPP permit required under
25 subsection 9 of this Section to USEPA, and USEPA has
26 not objected to the issuance of the permit in

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1 accordance with the Clean Air Act and 40 CFR Part 70.
2 b. The Agency shall have the authority to deny a CAAPP
3 permit, permit modification, or permit renewal if the
4 applicant has not complied with the requirements of
5 subparagraphs (i) through (iv) of paragraph (a) of this
6 subsection or if USEPA objects to its issuance.
7 c. i. Prior to denial of a CAAPP permit, permit
8 modification, or permit renewal under this Section,
9 the Agency shall notify the applicant of the possible
10 denial and the reasons for the denial.
11 ii. Within such notice, the Agency shall specify an
12 appropriate date by which the applicant shall
13 adequately respond to the Agency's notice. Such date
14 shall not exceed 15 days from the date the notification
15 is received by the applicant. The Agency may grant a
16 reasonable extension for good cause shown.
17 iii. Failure by the applicant to adequately
18 respond by the date specified in the notification or by
19 any granted extension date shall be grounds for denial
20 of the permit.
21 For purposes of obtaining judicial review under
22 Sections 40.2 and 41 of this Act, the Agency shall
23 provide to USEPA and each applicant, and, upon request,
24 to affected States, any person who participated in the
25 public comment process, and any other person who could
26 obtain judicial review under Sections 40.2 and 41 of

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1 this Act, a copy of each CAAPP permit or notification
2 of denial pertaining to that party.
3 d. The Agency shall have the authority to adopt
4 procedural rules, in accordance with the Illinois
5 Administrative Procedure Act, as the Agency deems
6 necessary, to implement this subsection.
7 11. General Permits.
8 a. The Agency may issue a general permit covering
9 numerous similar sources, except for affected sources for
10 acid deposition unless otherwise provided in regulations
11 promulgated under Title IV of the Clean Air Act.
12 b. The Agency shall identify, in any general permit,
13 criteria by which sources may qualify for the general
14 permit.
15 c. CAAPP sources that would qualify for a general
16 permit must apply for coverage under the terms of the
17 general permit or must apply for a CAAPP permit consistent
18 with subsection 5 of this Section and applicable
19 regulations.
20 d. The Agency shall comply with the public comment and
21 hearing provisions of this Section as well as the USEPA and
22 affected State review procedures prior to issuance of a
23 general permit.
24 e. When granting a subsequent request by a qualifying
25 CAAPP source for coverage under the terms of a general

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1 permit, the Agency shall not be required to repeat the
2 public notice and comment procedures. The granting of such
3 request shall not be considered a final permit action for
4 purposes of judicial review.
5 f. The Agency may not issue a general permit to cover
6 any discrete emission unit at a CAAPP source if another
7 CAAPP permit covers emission units at the source.
8 g. The Agency shall have the authority to adopt
9 procedural rules, in accordance with the Illinois
10 Administrative Procedure Act, as the Agency deems
11 necessary, to implement this subsection.
12 12. Operational Flexibility.
13 a. An owner or operator of a CAAPP source may make
14 changes at the CAAPP source without requiring a prior
15 permit revision, consistent with subparagraphs (i) through
16 (iii) of paragraph (a) of this subsection, so long as the
17 changes are not modifications under any provision of Title
18 I of the Clean Air Act and they do not exceed the emissions
19 allowable under the permit (whether expressed therein as a
20 rate of emissions or in terms of total emissions), provided
21 that the owner or operator of the CAAPP source provides
22 USEPA and the Agency with written notification as required
23 below in advance of the proposed changes, which shall be a
24 minimum of 7 days, unless otherwise provided by the Agency
25 in applicable regulations regarding emergencies. The owner

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1 or operator of a CAAPP source and the Agency shall each
2 attach such notice to their copy of the relevant permit.
3 i. An owner or operator of a CAAPP source may make
4 Section 502 (b) (10) changes without a permit revision,
5 if the changes are not modifications under any
6 provision of Title I of the Clean Air Act and the
7 changes do not exceed the emissions allowable under the
8 permit (whether expressed therein as a rate of
9 emissions or in terms of total emissions).
10 A. For each such change, the written
11 notification required above shall include a brief
12 description of the change within the source, the
13 date on which the change will occur, any change in
14 emissions, and any permit term or condition that is
15 no longer applicable as a result of the change.
16 B. The permit shield described in paragraph
17 (j) of subsection 7 of this Section shall not apply
18 to any change made pursuant to this subparagraph.
19 ii. An owner or operator of a CAAPP source may
20 trade increases and decreases in emissions in the CAAPP
21 source, where the applicable implementation plan
22 provides for such emission trades without requiring a
23 permit revision. This provision is available in those
24 cases where the permit does not already provide for
25 such emissions trading.
26 A. Under this subparagraph (ii) of paragraph

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1 (a) of this subsection, the written notification
2 required above shall include such information as
3 may be required by the provision in the applicable
4 implementation plan authorizing the emissions
5 trade, including at a minimum, when the proposed
6 changes will occur, a description of each such
7 change, any change in emissions, the permit
8 requirements with which the source will comply
9 using the emissions trading provisions of the
10 applicable implementation plan, and the pollutants
11 emitted subject to the emissions trade. The notice
12 shall also refer to the provisions in the
13 applicable implementation plan with which the
14 source will comply and provide for the emissions
15 trade.
16 B. The permit shield described in paragraph
17 (j) of subsection 7 of this Section shall not apply
18 to any change made pursuant to subparagraph (ii) of
19 paragraph (a) of this subsection. Compliance with
20 the permit requirements that the source will meet
21 using the emissions trade shall be determined
22 according to the requirements of the applicable
23 implementation plan authorizing the emissions
24 trade.
25 iii. If requested within a CAAPP application, the
26 Agency shall issue a CAAPP permit which contains terms

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1 and conditions, including all terms required under
2 subsection 7 of this Section to determine compliance,
3 allowing for the trading of emissions increases and
4 decreases at the CAAPP source solely for the purpose of
5 complying with a federally-enforceable emissions cap
6 that is established in the permit independent of
7 otherwise applicable requirements. The owner or
8 operator of a CAAPP source shall include in its CAAPP
9 application proposed replicable procedures and permit
10 terms that ensure the emissions trades are
11 quantifiable and enforceable. The permit shall also
12 require compliance with all applicable requirements.
13 A. Under this subparagraph (iii) of paragraph
14 (a), the written notification required above shall
15 state when the change will occur and shall describe
16 the changes in emissions that will result and how
17 these increases and decreases in emissions will
18 comply with the terms and conditions of the permit.
19 B. The permit shield described in paragraph
20 (j) of subsection 7 of this Section shall extend to
21 terms and conditions that allow such increases and
22 decreases in emissions.
23 b. An owner or operator of a CAAPP source may make
24 changes that are not addressed or prohibited by the permit,
25 other than those which are subject to any requirements
26 under Title IV of the Clean Air Act or are modifications

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1 under any provisions of Title I of the Clean Air Act,
2 without a permit revision, in accordance with the following
3 requirements:
4 (i) Each such change shall meet all applicable
5 requirements and shall not violate any existing permit
6 term or condition;
7 (ii) Sources must provide contemporaneous written
8 notice to the Agency and USEPA of each such change,
9 except for changes that qualify as insignificant under
10 provisions adopted by the Agency or the Board. Such
11 written notice shall describe each such change,
12 including the date, any change in emissions,
13 pollutants emitted, and any applicable requirement
14 that would apply as a result of the change;
15 (iii) The change shall not qualify for the shield
16 described in paragraph (j) of subsection 7 of this
17 Section; and
18 (iv) The permittee shall keep a record describing
19 changes made at the source that result in emissions of
20 a regulated air pollutant subject to an applicable
21 Clean Air Act requirement, but not otherwise regulated
22 under the permit, and the emissions resulting from
23 those changes.
24 c. The Agency shall have the authority to adopt
25 procedural rules, in accordance with the Illinois
26 Administrative Procedure Act, as the Agency deems

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1 necessary to implement this subsection.
2 13. Administrative Permit Amendments.
3 a. The Agency shall take final action on a request for
4 an administrative permit amendment within 60 days after
5 receipt of the request. Neither notice nor an opportunity
6 for public and affected State comment shall be required for
7 the Agency to incorporate such revisions, provided it
8 designates the permit revisions as having been made
9 pursuant to this subsection.
10 b. The Agency shall submit a copy of the revised permit
11 to USEPA.
12 c. For purposes of this Section the term
13 "administrative permit amendment" shall be defined as a
14 permit revision that can accomplish one or more of the
15 changes described below:
16 i. Corrects typographical errors;
17 ii. Identifies a change in the name, address, or
18 phone number of any person identified in the permit, or
19 provides a similar minor administrative change at the
20 source;
21 iii. Requires more frequent monitoring or
22 reporting by the permittee;
23 iv. Allows for a change in ownership or operational
24 control of a source where the Agency determines that no
25 other change in the permit is necessary, provided that

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1 a written agreement containing a specific date for
2 transfer of permit responsibility, coverage, and
3 liability between the current and new permittees has
4 been submitted to the Agency;
5 v. Incorporates into the CAAPP permit the
6 requirements from preconstruction review permits
7 authorized under a USEPA-approved program, provided
8 the program meets procedural and compliance
9 requirements substantially equivalent to those
10 contained in this Section;
11 vi. (Blank); or
12 vii. Any other type of change which USEPA has
13 determined as part of the approved CAAPP permit program
14 to be similar to those included in this subsection.
15 d. The Agency shall, upon taking final action granting
16 a request for an administrative permit amendment, allow
17 coverage by the permit shield in paragraph (j) of
18 subsection 7 of this Section for administrative permit
19 amendments made pursuant to subparagraph (v) of paragraph
20 (c) of this subsection which meet the relevant requirements
21 for significant permit modifications.
22 e. Permit revisions and modifications, including
23 administrative amendments and automatic amendments
24 (pursuant to Sections 408(b) and 403(d) of the Clean Air
25 Act or regulations promulgated thereunder), for purposes
26 of the acid rain portion of the permit shall be governed by

SB2884 Enrolled- 221 -LRB099 18144 RJF 42510 b
1 the regulations promulgated under Title IV of the Clean Air
2 Act. Owners or operators of affected sources for acid
3 deposition shall have the flexibility to amend their
4 compliance plans as provided in the regulations
5 promulgated under Title IV of the Clean Air Act.
6 f. The CAAPP source may implement the changes addressed
7 in the request for an administrative permit amendment
8 immediately upon submittal of the request.
9 g. The Agency shall have the authority to adopt
10 procedural rules, in accordance with the Illinois
11 Administrative Procedure Act, as the Agency deems
12 necessary, to implement this subsection.
13 14. Permit Modifications.
14 a. Minor permit modification procedures.
15 i. The Agency shall review a permit modification
16 using the "minor permit" modification procedures only
17 for those permit modifications that:
18 A. Do not violate any applicable requirement;
19 B. Do not involve significant changes to
20 existing monitoring, reporting, or recordkeeping
21 requirements in the permit;
22 C. Do not require a case-by-case determination
23 of an emission limitation or other standard, or a
24 source-specific determination of ambient impacts,
25 or a visibility or increment analysis;

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1 D. Do not seek to establish or change a permit
2 term or condition for which there is no
3 corresponding underlying requirement and which
4 avoids an applicable requirement to which the
5 source would otherwise be subject. Such terms and
6 conditions include:
7 1. A federally enforceable emissions cap
8 assumed to avoid classification as a
9 modification under any provision of Title I of
10 the Clean Air Act; and
11 2. An alternative emissions limit approved
12 pursuant to regulations promulgated under
13 Section 112(i)(5) of the Clean Air Act;
14 E. Are not modifications under any provision
15 of Title I of the Clean Air Act; and
16 F. Are not required to be processed as a
17 significant modification.
18 ii. Notwithstanding subparagraph (i) of paragraph
19 (a) and subparagraph (ii) of paragraph (b) of this
20 subsection, minor permit modification procedures may
21 be used for permit modifications involving the use of
22 economic incentives, marketable permits, emissions
23 trading, and other similar approaches, to the extent
24 that such minor permit modification procedures are
25 explicitly provided for in an applicable
26 implementation plan or in applicable requirements

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1 promulgated by USEPA.
2 iii. An applicant requesting the use of minor
3 permit modification procedures shall meet the
4 requirements of subsection 5 of this Section and shall
5 include the following in its application:
6 A. A description of the change, the emissions
7 resulting from the change, and any new applicable
8 requirements that will apply if the change occurs;
9 B. The source's suggested draft permit;
10 C. Certification by a responsible official,
11 consistent with paragraph (e) of subsection 5 of
12 this Section and applicable regulations, that the
13 proposed modification meets the criteria for use
14 of minor permit modification procedures and a
15 request that such procedures be used; and
16 D. Completed forms for the Agency to use to
17 notify USEPA and affected States as required under
18 subsections 8 and 9 of this Section.
19 iv. Within 5 working days after receipt of a
20 complete permit modification application, the Agency
21 shall notify USEPA and affected States of the requested
22 permit modification in accordance with subsections 8
23 and 9 of this Section. The Agency promptly shall send
24 any notice required under paragraph (d) of subsection 8
25 of this Section to USEPA.
26 v. The Agency may not issue a final permit

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1 modification until after the 45-day review period for
2 USEPA or until USEPA has notified the Agency that USEPA
3 will not object to the issuance of the permit
4 modification, whichever comes first, although the
5 Agency can approve the permit modification prior to
6 that time. Within 90 days after the Agency's receipt of
7 an application under the minor permit modification
8 procedures or 15 days after the end of USEPA's 45-day
9 review period under subsection 9 of this Section,
10 whichever is later, the Agency shall:
11 A. Issue the permit modification as proposed;
12 B. Deny the permit modification application;
13 C. Determine that the requested modification
14 does not meet the minor permit modification
15 criteria and should be reviewed under the
16 significant modification procedures; or
17 D. Revise the draft permit modification and
18 transmit to USEPA the new proposed permit
19 modification as required by subsection 9 of this
20 Section.
21 vi. Any CAAPP source may make the change proposed
22 in its minor permit modification application
23 immediately after it files such application. After the
24 CAAPP source makes the change allowed by the preceding
25 sentence, and until the Agency takes any of the actions
26 specified in items (A) through (C) of subparagraph (v)

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1 of paragraph (a) of this subsection, the source must
2 comply with both the applicable requirements governing
3 the change and the proposed permit terms and
4 conditions. During this time period, the source need
5 not comply with the existing permit terms and
6 conditions it seeks to modify. If the source fails to
7 comply with its proposed permit terms and conditions
8 during this time period, the existing permit terms and
9 conditions which it seeks to modify may be enforced
10 against it.
11 vii. The permit shield under paragraph (j) of
12 subsection 7 of this Section may not extend to minor
13 permit modifications.
14 viii. If a construction permit is required,
15 pursuant to subsection (a) of Section 39 of this Act
16 and regulations thereunder, for a change for which the
17 minor permit modification procedures are applicable,
18 the source may request that the processing of the
19 construction permit application be consolidated with
20 the processing of the application for the minor permit
21 modification. In such cases, the provisions of this
22 Section, including those within subsections 5, 8, and
23 9, shall apply and the Agency shall act on such
24 applications pursuant to subparagraph (v) of paragraph
25 (a) of subsection 14 of this Section. The source may
26 make the proposed change immediately after filing its

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1 application for the minor permit modification. Nothing
2 in this subparagraph shall otherwise affect the
3 requirements and procedures applicable to construction
4 permits.
5 b. Group Processing of Minor Permit Modifications.
6 i. Where requested by an applicant within its
7 application, the Agency shall process groups of a
8 source's applications for certain modifications
9 eligible for minor permit modification processing in
10 accordance with the provisions of this paragraph (b).
11 ii. Permit modifications may be processed in
12 accordance with the procedures for group processing,
13 for those modifications:
14 A. Which meet the criteria for minor permit
15 modification procedures under subparagraph (i) of
16 paragraph (a) of subsection 14 of this Section; and
17 B. That collectively are below 10 percent of
18 the emissions allowed by the permit for the
19 emissions unit for which change is requested, 20
20 percent of the applicable definition of major
21 source set forth in subsection 2 of this Section,
22 or 5 tons per year, whichever is least.
23 iii. An applicant requesting the use of group
24 processing procedures shall meet the requirements of
25 subsection 5 of this Section and shall include the
26 following in its application:

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1 A. A description of the change, the emissions
2 resulting from the change, and any new applicable
3 requirements that will apply if the change occurs.
4 B. The source's suggested draft permit.
5 C. Certification by a responsible official
6 consistent with paragraph (e) of subsection 5 of
7 this Section, that the proposed modification meets
8 the criteria for use of group processing
9 procedures and a request that such procedures be
10 used.
11 D. A list of the source's other pending
12 applications awaiting group processing, and a
13 determination of whether the requested
14 modification, aggregated with these other
15 applications, equals or exceeds the threshold set
16 under item (B) of subparagraph (ii) of paragraph
17 (b) of this subsection.
18 E. Certification, consistent with paragraph
19 (e) of subsection 5 of this Section, that the
20 source has notified USEPA of the proposed
21 modification. Such notification need only contain
22 a brief description of the requested modification.
23 F. Completed forms for the Agency to use to
24 notify USEPA and affected states as required under
25 subsections 8 and 9 of this Section.
26 iv. On a quarterly basis or within 5 business days

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1 after receipt of an application demonstrating that the
2 aggregate of a source's pending applications equals or
3 exceeds the threshold level set forth within item (B)
4 of subparagraph (ii) of paragraph (b) of this
5 subsection, whichever is earlier, the Agency shall
6 promptly notify USEPA and affected States of the
7 requested permit modifications in accordance with
8 subsections 8 and 9 of this Section. The Agency shall
9 send any notice required under paragraph (d) of
10 subsection 8 of this Section to USEPA.
11 v. The provisions of subparagraph (v) of paragraph
12 (a) of this subsection shall apply to modifications
13 eligible for group processing, except that the Agency
14 shall take one of the actions specified in items (A)
15 through (D) of subparagraph (v) of paragraph (a) of
16 this subsection within 180 days after receipt of the
17 application or 15 days after the end of USEPA's 45-day
18 review period under subsection 9 of this Section,
19 whichever is later.
20 vi. The provisions of subparagraph (vi) of
21 paragraph (a) of this subsection shall apply to
22 modifications for group processing.
23 vii. The provisions of paragraph (j) of subsection
24 7 of this Section shall not apply to modifications
25 eligible for group processing.
26 c. Significant Permit Modifications.

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1 i. Significant modification procedures shall be
2 used for applications requesting significant permit
3 modifications and for those applications that do not
4 qualify as either minor permit modifications or as
5 administrative permit amendments.
6 ii. Every significant change in existing
7 monitoring permit terms or conditions and every
8 relaxation of reporting or recordkeeping requirements
9 shall be considered significant. A modification shall
10 also be considered significant if in the judgment of
11 the Agency action on an application for modification
12 would require decisions to be made on technically
13 complex issues. Nothing herein shall be construed to
14 preclude the permittee from making changes consistent
15 with this Section that would render existing permit
16 compliance terms and conditions irrelevant.
17 iii. Significant permit modifications must meet
18 all the requirements of this Section, including those
19 for applications (including completeness review),
20 public participation, review by affected States, and
21 review by USEPA applicable to initial permit issuance
22 and permit renewal. The Agency shall take final action
23 on significant permit modifications within 9 months
24 after receipt of a complete application.
25 d. The Agency shall have the authority to adopt
26 procedural rules, in accordance with the Illinois

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1 Administrative Procedure Act, as the Agency deems
2 necessary, to implement this subsection.
3 15. Reopenings for Cause by the Agency.
4 a. Each issued CAAPP permit shall include provisions
5 specifying the conditions under which the permit will be
6 reopened prior to the expiration of the permit. Such
7 revisions shall be made as expeditiously as practicable. A
8 CAAPP permit shall be reopened and revised under any of the
9 following circumstances, in accordance with procedures
10 adopted by the Agency:
11 i. Additional requirements under the Clean Air Act
12 become applicable to a major CAAPP source for which 3
13 or more years remain on the original term of the
14 permit. Such a reopening shall be completed not later
15 than 18 months after the promulgation of the applicable
16 requirement. No such revision is required if the
17 effective date of the requirement is later than the
18 date on which the permit is due to expire.
19 ii. Additional requirements (including excess
20 emissions requirements) become applicable to an
21 affected source for acid deposition under the acid rain
22 program. Excess emissions offset plans shall be deemed
23 to be incorporated into the permit upon approval by
24 USEPA.
25 iii. The Agency or USEPA determines that the permit

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1 contains a material mistake or that inaccurate
2 statements were made in establishing the emissions
3 standards, limitations, or other terms or conditions
4 of the permit.
5 iv. The Agency or USEPA determines that the permit
6 must be revised or revoked to assure compliance with
7 the applicable requirements.
8 b. In the event that the Agency determines that there
9 are grounds for revoking a CAAPP permit, for cause,
10 consistent with paragraph a of this subsection, it shall
11 file a petition before the Board setting forth the basis
12 for such revocation. In any such proceeding, the Agency
13 shall have the burden of establishing